Arbitrator reinstates New Philadelphia fire captain
NEW PHILADELPHIA ‒ An arbitrator has ordered the reinstatement of a former New Philadelphia fire captain fired last year after being charged with two counts of domestic violence.
Matthew E. Graham will be reinstated effective Saturday, according to Fire Chief Jim Parrish.
Arbitrator Gregory P. Szuter found that Graham was fired without just cause. He ordered the city to give Graham, 42, back pay and benefits retroactive to his July 8 dismissal.
The beginning: Former fire captain sentenced for domestic violence incident
On the job: New Phila firefighters teach hands-only CPR
The incident for which Graham was fired occurred in May 2022. He was arrested and spent three days in jail. One domestic violence charge was dismissed, and the other was reduced to disorderly conduct. Graham, of Stone Creek, pleaded no contest on July 26 in New Philadelphia Municipal Court. He was placed on probation for a year. He was given a suspended 30-day jail sentence with credit for three days served. He was ordered to continue counseling for mental health and substance abuse, barred from possessing alcohol or drugs of abuse, prohibited from having guns and limited to having peaceful contact with the victim, a family member.
Arbitrator: 'Private family matter'
In his March 20 decision, Szuter wrote: "This private family matter has been blown out of proportion enough."
He wrote that the Grahams were pursuing family counseling.
"The Arbitrator sees prompt remedy as absolutely necessary for the healing of the Graham family and the morale of the Department," wrote Szuter, who is based in Cleveland suburb of North Royalton.
He noted that a plea of no contest is not an admission of guilt, but an admission of the truth of the facts alleged. Graham's plea was the result of a plea bargain.
"After his termination Capt. Graham testified he reached the decision that it was in the best interest of his family that this episode be put behind them," Szuter wrote. "By accepting a conviction of a minor misdemeanor he was able to save his family ... from the public spectacle of a trial. Of course, this is typical of many plea deals."
Victim did not want to press charges
His decision said the purported victim did not file the complaint and did not want to press charges.
New Philadelphia Law Director Marvin Fete said in a prepared statement that "While the City does not agree with arbitrator’s ruling, it will abide by it."
He said Graham admitted to the conduct to law enforcement officials who investigated the incident from the Tuscarawas County Sheriff’s Office, and admitted to the conduct under oath during a binding arbitration hearing.
"The city felt that the conduct admitted to by Mr. Graham was unbecoming of a member of our safety forces, who are charged with protecting members of the public, and terminated Mr. Graham from his employment," Fete wrote.
Parrish said the following facts were considered by the city administration and unanimously supported by New Philadelphia City Council and the city's legal team:
The city believes it followed and honored the collective bargaining agreement between the city and the firefighters' union regarding the disciplinary process when Graham was placed on paid administrative leave when he was arrested and jailed.
Graham had three opportunities in the disciplinary process to explain the context of the events and his side of the story, but chose not to, following the advice of his criminal lawyer.
The city offers employees a confidential employee assistance program for personal or family problems.
Chief: 'Unfortunate chain of events'
"This was an unfortunate chain of events for our City and the New Philadelphia Fire Department that has been going on since May 25, 2022," Parrish wrote. "I respect the Arbitrators decision as well as the rule of law. It is time to move on from this incident and do what the men and women of the New Philadelphia Fire Department do best and that is to serve the public in their time of need with dedication and integrity."
Graham was represented at arbitration by International Association of Fire Fighters Local 1501. The union's grievance said the city terminated Graham without conducting an investigation beyond reviewing the report from the sheriff's deputies.
"The City failed to wait for resolution of the criminal charges prior to issuance of discipline, as the Fire Chief told Capt. Graham the City would do," Local 1501 wrote in the grievance. "The City failed to identify the specific acts for which discipline was being considered.
"The City termination of Capt. Graham fails to adhere to progressive discipline, fails to provide basic due process rights, ignores all circumstances surrounding the allegations, is excessive, and for other reasons lacks just cause.
City Auditor Beth Gundy said the amount of back pay and other compensation owed to Graham had not been calculated as of Tuesday.
In addition to his dismissal by New Philadelphia, Graham was disciplined by the Division of EMS of the Ohio Department of Public Safety. That reprimand included a $100 fine, three years’ probation, a background check upon the completion of probation, and court-ordered counseling, according to Carol Morgan, spokeswoman for the Ohio Department of Public Safety. The agency certifies firefighters and emergency medical services providers.
Reach Nancy at 330-364-8402 or nancy.molnar@timesreporter.com.
On Twitter: @nmolnarTR
This article originally appeared on The Times-Reporter: New Philadelphia found to have wrongly fired fire captain over charge
