Report describes alleged profanity, shoving

By Janice Morse
The Cincinnati Enquirer

FRANKLIN, Ohio — The city fire chief yelled profanity-laced commands to his crew and shoved a pair of firefighters for not hustling faster to battle a blaze on Aug. 29, witnesses told an investigator.

In a 30-page report released Monday, Police Chief Gordon Ellis outlined the results of an administrative investigation into the conduct of Fire Chief Jonathan Westendorf.

Westendorf, who has remained on duty without restriction while the investigation continued, declined to provide a statement to Ellis, the report says. Westendorf previously has not returned reporters' telephone calls seeking comment.

City Manager Jim Lukas on Monday said he was reviewing Ellis' report and had not decided what action, if any, to take. If Lukas finds the chief may have committed misconduct, Westendorf could face disciplinary action ranging from a reprimand to dismissal.

Lukas requested the investigation after a firefighter said she was concerned about Westendorf's behavior at a fire scene. The fire at 6510 Ohio 123 caused no major damage to the structure. But the incident left fire crews disturbed, Ellis' report indicates.

Because of Westendorf's alleged outburst, "Our minds were not on doing our job but (on) what had just happened outside. I feel he put us all in harm's way with his actions, let alone embarrassing us," wrote Firefighter Kim Peace. She noted the chief's conduct occurred in front of two other fire chiefs, squad members and the homeowner.

Some police officers also were present, and Peace asked the police chief why police didn't arrest Westendorf for assault, the report said. Ellis said, "I explained that arresting firefighters at the scene of a fire is counter-productive. I then explained that police officers do not normally immediately arrest someone for pushing someone absent any statements or a complaining witness." As of last week, no police report had been filed by the firefighters Westendorf allegedly shoved, Kevin Jennings and Lt. Kyle Lovelace.

One of the firefighters said "the fire chief has done this to him before and he has told him not to touch him," said police Patrolman Stephen Figliola in a statement to Ellis.

Jennings told Elllis that he confronted Westendorf and that "the fire chief stated that he was unaware of grabbing Firefighter Jennings and apologized for the incident."

Jennings also told Ellis: "It is hard to work in this kind of environment."

Several witnesses said they were taken aback by the intensity of Westendorf's outburst. One citizen at the scene, Keith Bays, a visitor at the home, told Ellis that he asked Westendorf whether he was having a bad day, and the chief responded that he was angry, the report says.

Copyright 2007 The Enquirer