Procedural error tosses Bucyrus Fire Department staffing levels issue back to committee

Due to procedural errors at a Health and Safety Committee meeting, an ordinance addressing staffing levels at the Bucyrus Fire Department was not brought before City Council on Tuesday.

“In researching the matter I discovered that procedural errors had occurred,” Vicki Dishon, council member said.

Dishon said she asked for a motion to repeal the ordinance on minimum staffing.

When contacted after the meeting about whether or not the motion passed or died, Dishon said she had to consult with Law Director Brian Gernert before answering.

Gernert responded, stating the Health and Safety Committee only had three-fourths of its members at its last meeting, as Councilman Kevin Myers was absent. Councilman James Mee moved to prepare legislation repealing minimum staffing level ordinance, and council member C. Aaron Sharrock voted against it.

“Thus, as there was a tie, Chairperson Dishon cast the vote to break the tie, moving the revocation of Ordinance 12-2023 forward to be decided on by full council at the next regularly scheduled meeting,” Gernert said.

Last Health and Safety Committee meeting

At the Health and Safety Committee meeting Feb. 26 committee members were in disagreement on whether or not to repeal the ordinance.

The only two committee members who were present at the meeting, except for Dishon who chairs the committee, were Sharrock and Mee.

Dishon asked for a motion to repeal the ordinance.

Gernert later said a motion was made by Mee, and Sharrock refused to second it. Dishon then asked Gernert if she could ask for a vote.

“You can vote to break the tie,” said Gernert at that time.

Dishon said she voted for repealing the ordinance. Neither Mee nor Sharrock voted.

“I broke the tie, so there is nothing more to do,” said Dishon.

Gernert said he would now prepare legislation to present the issue to the City Council.

Dishon addresses the city and public

At the City Council meeting Dishon said that at the Health and Safety Committee meeting she did not say there was a tie, and at no time did she say she broke the tie. She said she already had asked Gernert about informing council and the public about the procedural errors, and Gernert agreed.

Dishon she requested Council Clerk Miranda Wise to remove the minimum fire department staffing level from Tuesday's City Council agenda, and she did not know how the issue made it on the agenda.

“I think we all agree that the proper procedures were not followed,” Dishon said.

Dishon said because a second to the motion was not made, the whole motion was erroneous. She also said she was unaware that as a committee chair she cannot only break a tie, but also make a motion, second a motion and vote on a motion.

“I am here to assure the citizens of Bucyrus that when I make a mistake, I will not hide it,” said Dishon. “I will disclose and attempt to correct it to the best of my abilities.”

Dishon also said she told Health and Safety Committee members she had two conversations with Bucyrus Fire Chief Chad Schwimley about whether the firefighters’ union was willing to sit down with the new city administration and discuss the money situation and employee overtime. She said the chief expressed opposition to the proposal.

Later Schwimley contacted Dishon and reminded her they spoke about something different during their meetings. Schwimley, according to Dishon, said she actually asked him if the union would consider giving back some of the money it was receiving as a result of the approval of the fact-finder's report by the previous administration.

“I apologize both to him and the fire department for my misstatement,” Dishon said.

More: Mayor Jeff Reser: Vote will cost city $328,000 it doesn't have; time to eliminate tax credit

Council passed a fact-finding report at the end of 2022 by a split vote. The report obligated the city to pay the fire fighters $327,855 in retroactive pay for 2022, plus pay higher wages for years to come.

The issue resurfaced at the City Council meeting with Greg White's letter to the Council President Kurt Fankhauser dated March 1. In his letter, White said the motion made by Mee was not seconded, the vote was not called upon and the law director made derogatory statements against the fire department.

White asked for an independent investigation on the matter.

More: Committee sending repeal of fire department minimum staffing to council for review

As a result, the City Council removed the minimum staffing level at the Bucyrus Fire Department ordinance from the meeting agenda.

Dishon expressed hope the Health and Safety Committee would return to discussing the issue only after the city administration and firefighters meet and discuss the issue again.

This article originally appeared on Bucyrus Telegraph-Forum: Bucyrus Fire Department staffing issue goes back to committee