A Superior firefighter remains on paid administrative leave until at least the end of September after a disciplinary hearing was rescheduled Monday.
David J. Munger, a motor pump operator, was scheduled to face the Superior Police and Fire Commission today on charges that he no longer meets the standards of employment at the Superior Fire Department.
Munger is accused of stealing thousands of dollars from the firefighters union.
The hearing was postponed until the end of September after a prehearing conference Monday.
Munger's attorney, Toby E. Marcovich, stated during Monday's hearing that he plans to challenge the jurisdiction of the Police and Fire Commission to rule in the matter.
That and three other motions in the case forced the delay.
City Attorney Frog Prell said he believes the Police and Fire Commission has the authority to decide the matter.
Marcovich is also seeking to postpone any disciplinary hearing until state criminal charges are resolved. Munger is scheduled to make an initial appearance on criminal charges Wednesday in Douglas County Circuit Court.
Prell said he would agree to postpone the hearing until criminal charges are resolved if Munger agrees to unpaid leave, which was refused.
"I think it's unreasonable for the taxpayers to subsidize Mr. Munger's down time while his attorneys pursue a delay to the hearing," Prell said.
Prell said the delay will put the hearing well beyond the 30-day limit established by state law.
Marcovich is seeking continuance of the newly scheduled hearing date in motions filed with the Police and Fire Commission.
Acting Fire Chief Tad Matheson brought the charges in July after Munger allegedly admitted to stealing thousands of dollars from the union. In the complaint, Matheson wrote that Munger admitted taking more than $6,500 while serving as union treasurer. An audit concluded $9,800 had been taken.
Munger has since paid back all the union money, according to Matheson.
The Police and Fire Commission will consider motions related to the case Sept. 23. The full disciplinary hearing is scheduled for Sept. 30.
Distributed by the Associated Press
