A Marion firefighter was suspended without pay pending a termination hearing before the Marion Board of Public Works and Safety.
The action is a result of the firefighter’s conduct on Jan. 13 and 14, officials say.
Don Gallaway, corporate counsel for the city, spoke on behalf of Fire Chief Paul David during Monday’s BOW hearing and asked that Private Chance Cowgill be terminated.
Marion Police on Jan. 14 arrested the 26-year-old firefighter after they allegedly observed him stealing groceries from Marsh, 1013 N. Forest Ave.
An off-duty officer working security at the supermarket saw Cowgill inside the store and knew him to be a person of interest in another theft that occurred at the store the previous day. The store manager was notified and witnessed Cowgill pass all points of checkout with less than $20 worth of groceries.
Cowgill is facing two counts of criminal conversion in city court. Upon hearing of the charges, David placed the firefighter on paid administrative leave pending the outcome of the investigation.
In a notice of termination given to Cowgill by David on Jan. 16, the firefighter committed five offenses — neglect of duty, violation of rules, absent without leave, immoral conduct and conduct unbecoming an officer.
Gallaway said Cowgill later admitted to both thefts and stated he was financially desperate.
“We are not requesting termination on the basis he was charged with two crimes,” he said.
According to the rules of regulation, no member of the fire department shall — on or off duty — conduct himself in a manner that will bring discredit or ill repute to the department.
Officials say Cowgill was on duty at the fire department and in uniform when he reportedly stole on Jan. 14. The day before, however, Gallaway said the firefighter wasn’t on duty.
There was some dispute between Gallaway and Cowgill’s attorney Joe Lewis on whether the firefighter requested a termination hearing. A request for a hearing must be given within five days of a termination notice, and Gallaway said no request was made. Lewis, however, in a written response to the board, stated that Cowgill requested one orally.
During his argument to the board, Lewis asked that the board postpone making a decision on the firefighter’s employment until the criminal charges are disposed of in order to protect Cowgill’s rights.
“Chance has a right to remain silent during the entire criminal matter,” he said. “He should be on administrative leave — with or without pay — until then.”
The board voted without much discussion.
Gallaway said it would be up to the board to decide when the termination hearing is, but it’s his hope it would be within 30 days of the request.
BOW Member Stephanie Yeakle abstained from voting.
Also at the meeting Monday:
oThe board unanimously approved a resolution for the city to acquire the tax sale certificate of Hotel Marion, 501 E. Fourth St. The property was supposed to appear in the Feb. 14 Grant County Board of Commissioners tax certificate sale because of $110,000 in unpaid back taxes, but commissioners recently approved transferring the certificate to the city.
To move forward with the process, the BOW had to pass a resolution as well. This takes the building out of the sale and gives the property owners 120 days once the city receives the certificate to pay the back taxes. If the owners can’t, however, the city would acquire the property and have control over who owns it next.
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