April 23--A Licking County judge overturned a decision to remove West Licking Fire Chief David Fulmer.
Judge Thomas Marcelain ruled last week that the West Licking Joint Fire District Board of Trustees "offered no substantial evidence" that Fulmer violated the district's Internet use policy.
Fulmer, who was hired by West Licking in 2009, plans to return to his job, according to his attorney, David Comstock. "He's the chief." The board voted to fire Fulmer on Nov. 8, finding him guilty of misconduct in office and/or misfeasance for violating the district's Internet, email and online service policy.
His violation, according to the board, was that he had installed computer data from his former job as chief of the Miami Township Fire Department. The data, which included more than 70,000 emails and documents, was provided to Fulmer by Miami Township on a disk.
In vacating the board's decision, Marcelain ruled that there was "no evidence offered that the file was downloaded from the Internet, email on an online service in violation of the Internet policy," and that the district "has not articulated or demonstrated" how Fulmer's possession of the information "constituted misfeasance or malfeasance."
"It was a misunderstanding and an issue of personalities," Comstock said.
"The parties need to find a way to work together," Comstock said. "They need to suck it up, act like adults and move forward for the benefit of the community."
West Licking's attorney, Doug Holthus, said the board has not yet decided whether to appeal Marcelain's decision.
Comstock said Fulmer, who made $98,800 a year, will seek back pay for the six months since his firing.
The board had not hired a replacement for Fulmer following his November firing. Instead, it promoted then-Assistant Chief Ken Mathews to become acting chief.
The West Licking Joint Fire District has 54 full-time and 26 part-time firefighters/paramedics, plus four administrative staffers. It covers more than 100 square miles, including Pataskala, Kirkersville and Etna and Harrison townships.
The trustees scheduled a meeting for tonight to discuss Marcelain's decision.
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