CLARKSBURG — Clarksburg Fire Chief Stephen McIntire is seeking a mandatory public hearing before the Civil Service Commission regarding alleged retaliation he has faced by City Manager Tiffany Fell.
McIntire’s current employment status is suspended with pay pending the outcome of a civil service hearing and ruling.
On June 24, McIntire was removed from his position as fire chief and discharged from his employment for illegal and unlawful reasons, the petition states. The letter notes his removal is due to a mural in the fire chief’s office.
Toriseva
"Based upon actions arising from the painting of a mural in the fire chief’s office at the main fire station…the City of Clarksburg is removing you from the position of Fire Chief, discharging you from the Fire Department and terminating your employment with the City of Clarksburg," Fell wrote in the letter.
Fell wrote in the letter that McIntire had 10 days to answer the notice of charges or request a hearing from the commission.
"Pending your answer and/or request for hearing and the hearing, if held, we are suspending the removal, discharge and termination described herein," Fell wrote. "However, you will be suspended with pay during such duration."
McIntire wants the commission to hold a hearing within 10 days and award him his full relief available under West Virginia code.
"Fire Chief McIntire’s employment was terminated after being questioned about his involvement as a civil plaintiff in two wage and hour lawsuits against the City alleging that it failed to properly calculate and pay the City’s firefighters their regular rates of pay and overtime pay," the suit states.
McIntire claims Fell has the burden of proof to show justification for his removal, discharge and termination, while he respectfully reserves the right to present any evidence he may deem necessary and relevant to Fell’s actions that resulted in his termination.
"Not all evidence is or could be presented in this or through this document,” the suit states. “This Civil Service Member reserves the right to file a separate Answer to the 'Notice of Charges.'"
The case calls for subpoenas to be issued for city representatives to be called to testify at the hearing including Fell, Clarksburg Mayor Jim Malfregeot, Controller Cherie Greathouse, Public Works Superintendent John Workman, Vice Mayor and Council Member Jerry Riffle and Director of Code Enforcement Ashley Carr.
"The Civil Service Member reserves the right to call any firefighter to testify and reserves the right to call any additional witnesses to rebut the testimony of the removing officer’s evidence," the suit states.
McIntire is represented by Teresa Toriseva and Andrew A. Carpenter of Toriseva Law in Wheeling.
McIntire is one of 44 firefighters who is taking part in two lawsuits filed against Clarksburg in both state and federal court alleging they haven’t been properly paid for their extensive work hours. The 44 firefighters are also represented by Toriseva and her team.
The firefighters allege in those lawsuits that they often surpass the standard full-time work schedule by about 41%, which leads to significant amounts of overtime, according to the complaints filed June 25 in both Harrison Circuit Court and U.S. District Court for the Northern District of West Virginia.
However, Clarksburg has not compensated the firefighters correctly for this overtime, violating both state and federal laws, the complaint states.
The lawsuits allege that the city has miscalculated firefighters’ regular pay rates, leading to incorrect overtime payments, for many years.
West Virginia law requires employers to pay non-exempt employees, including firefighters, overtime at one and a half times their regular rate for hours worked beyond 40 per week. The plaintiffs claim that Clarksburg has failed to meet these requirements, violating the West Virginia Minimum Wage and Maximum Hours Standards and the West Virginia Wage Payment and Collection Act.