The Salt Lake City Public Service Commission has issued a report stating there was a lack of evidence and apparent manufactured allegations by fire department brass that led to the demotion of the city's first female battalion chief.
The Salt Lake Tribune reports that the commission said it appears Assistant Fire Chief Robert McMicken was "looking for reasons" to discipline Martha Ellis, a 22-year veteran firefighter who was demoted to the rank of captain on May 3, 2016. She had held the position of battalion chief since May 2009.
McMicken asserted that Ellis demonstrated an "apparent lack of engagement with [her] current assignment, a lack of ownership of [her] job responsibilities, an inability or unwillingness to follow instructions and a lack of respect for [her] chain of command."
The Pubic Service Commission's 49-page report was issued Nov. 1 and offers a detailed examination of seven allegations McMicken leveled as the basis for the demotion. None was found credible by the commission during a two-day hearing on the matter in May. The commission found that "the discipline imposed on Ellis was unduly excessive" and did not appear to follow department process.
The commission states that the allegations against Ellis "appear as an attempt to manufacture misconduct and alleged failure of performance to justify disciplinary action, when there were no performance issues." Although McMicken claims he alone was responsible for the demotion, the commission also found that former Fire Chief Brian Dale approved it.
The commission ordered that Ellis’ rank be restored to battalion chief with the rate of pay she received prior to the demotion.
Complicating matters is the fact that Ellis was fired in March after six months of leave for mental health issues she suffered due to her unexpected demotion. After months off the job, she asked for refresher training and a chance to run through the department's physical agility test -- among other requests -- but the department was unwilling to accommodate Ellis and terminated her.
Earlier this year, Ellis also filed a claim in U.S. District Court against Dale, McMicken and current fire chief Karl Lieb for whistleblower retaliation, gender harassment and discrimination.
