Report: Delray fire chief allowed on-duty firefighters to play softball; captain injured
DELRAY BEACH — Delray Beach Fire Chief Keith Tomey allowed three on-duty firefighters to play in a charity softball event on Nov. 4, 2023, on city time, and one of them, a captain, pulled a calf muscle that resulted in him filing a workmen’s compensation claim.
The finding is contained in a 12-page investigative report sent to the city by Christopher Bentley, a lawyer with the Tampa-based law firm of Johnson Jackson. “Common sense calls into question some of the decisions” made by Tomey, Bentley said.
The investigation comes on the heels of a separate, unrelated city investigation from Tomey's claim that City Manager Terrence Moore made unwanted sexual advances toward him.
While Bentley concluded that the softball game may not have violated “a specific city policy,” he criticized Tomey for being “fiscally irresponsible.” The event pitted the fire-rescue department against the police department in the 10th annual Guns ‘N Hoses event. Bentley noted that the police chief, unlike Tomey, only allowed off-duty officers to play.
Bentley reported that he was hired to determine whether it was appropriate to have firefighters play softball while on duty, and whether it was appropriate for Fire Rescue to take an engine/truck out of service during the event to serve “as a static display.” Engine 112 was left in the parking lot at Miller Park off Southwest Fourth Avenue, where the softball game between the departments was played.
During the first inning, a fire-rescue captain, on overtime, pulled a calf muscle, resulting in his receiving treatment at Delray Medical Center. Engine 112 was used to take the injured captain to the hospital. He has since filed the workmen’s comp claim. Meanwhile, Engine 112 was out of service from 8:36 a.m. to 1:04 p.m.
“Chief Tomey’s decision to allow on-duty firefighters to play in the game while on the clock demonstrates poor decision-making, which ultimately resulted in inequities and liabilities for the city,” Bentley said in his report, adding that Tomey's conduct calls into question his leadership abilities.
Bentley also raised concerns about taking the fire truck out of service during the softball game. If it had to respond to an emergency outside its respective zone, the response time could have been prolonged, causing additional property damage and loss of life, the report said.
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“Chief Tomey would have a difficult time explaining Fire Rescue’s decision in a manner that would satisfy the public at large,” according to Bentley.
Tomey, who was appointed fire chief four years ago, was also criticized by Human Resources Director Duane D’Andrea. He sent an email to Tomey saying that it had come to his attention that employees were “erroneously compensated” while playing softball. Moving forward, D’Andrea said Tomey needed to be “a better steward” of the city’s finances.
Fire Chief: Nothing wrong with on-duty firefighters playing in city-sponsored game
The Bentley report quoted Tomey as saying there was nothing wrong with on-duty firefighters playing softball becauseit was an event sponsored by the city, acknowledging that it happened last year as well in the city's All-Star basketball game.
Tomey declined to comment on the report but on April 2, he sent to the city a response, a copy of which The Palm Beach Post has obtained. The response said the report "unjustly attacked" his leadership and decision-making abilities. Tomey noted that it did not find any policy violations.
"By participating in events like the charity softball event, my department demonstrates our commitment to serving the community beyond emergency response. While it is essential to strike a balance between operational duties and community engagement, dismissing the importance of such events overlooks our potential to strengthen relationships and the public trust in fire rescue efforts," Tomey's response said.
According to Tomey, the report contained factual errors that included a claim that noted only off-duty police officers participated in the softball game. Tomey said personnel records show that is not true.
As for the workmen's comp claim, Tomey said: "The city has a long-standing past practice of covering injuries to participants in this event and similar events while on duty and off duty."
Bentley had issues with Tomey's tone when he interviewed him, noting: "His (Tomey) unapologetic demeanor highlights why he received a marginal score for accountability in his last performance evaluation."
Tomey, according to Bentley, told him in March that he had a good relationship with City Manager Terrence Moore. Recently, The Post reported Tomey accused Moore of making unwanted sexual advances in 2022 toward him. His lawyer recently called on the city to investigate Tomey’s claim. The city has hired a different law firm to do just that.
Commissioner: Overtime costs a concern
City Commissioner Juli Casale, a longtime critic of Tomey, said she was not surprised by the report's findings. She questioned overtime costs in the fire department during her first term on the commission. Last month, voters put her back on the commission for another term.
Casale said she was concerned that a fire truck was placed out of service for several hours and that Tomey acknowledged that he has allowed on-duty firefighters to attend special events on other occasions as well.
"Frankly, I am surprised that terminations have not happened," she said, noting, though, that as a commissioner, she cannot make personnel decisions. "That is within the purview of the city manager."
City activist Kenneth MacNamee said the report is the latest indication of how dysfunctional municipal operations are in the city. He said he was troubled over Bentley's conclusion that city policy was not violated.
"We paid for someone to play softball," he said. "How could that not violate city policy?"
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Mike Diamond is a journalist at The Palm Beach Post, part of the USA TODAY Florida Network. He covers Palm Beach County government and transportation. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today.
This article originally appeared on Palm Beach Post: Report: Delray Beach firefighters played softball while on duty
