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Bryant fire chief tells his side of story |
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Tuesday, 22 April 2008 |
(Editor’s note: This is the first of a two-part exclusive Courier interview with Bryant Fire Chief Randy Cox. The second part will appear Wednesday.)
There are two sides to every story, Bryant Fire Chief Randy Cox said two days after the City Council and Mayor Larry Mitchell exonerated him following a 50-day investigation by the city.
“What I am hoping, and what I said in our shift meetings, was for everyone to find out both sides of the story and make their own decisions,” Cox said.
“What has been going on here [since investigation] is not right. It’s not right for the fire department, not right for my family and it is not right for the citizens of Bryant. I am hoping those firefighters that see through this are going to come forward. I have had some [firefighters] tell me they want to come forward, but are afraid of retaliation.”
Cox, who has served as chief since 1999, was under investigation since Feb. 28 after the reinstatement of two firefighters. The two were terminated Feb. 6 for allegedly falsifying time sheets and falsifying a duty roster on more than one occasion.
Cox said the two firefighters denied any wrongdoing during interviews, but later admitted to the allegations.
“They knew they had done wrong,” Cox said. “After I talked to [Human Resources Director Shayne] King, I found that there were five [city employees] fired over the past four or five years for fraudulent time sheets and so I told the mayor of my decision to let [the firefighters] go. The mayor then called in Spruell and Watson and gave them the option of resigning or to be terminated and they chose to be terminated.”
However, Lt. Daniel Weger, president of newly formed International Association of Firefighters Local 4606, said he believed the termination was unfair, that the two deserved their jobs back and that the action had the union concerned.
He said that what the firefighters did may have been contrary to an “unwritten policy” of the city of Bryant but it’s legal under the Fair Labor Standards Act. Weger said the firefighters had merely swapped shifts and didn’t change their time sheets to reflect the change.
The local union, which was chartered in December 2007, is not recognized by the city of Bryant, but Cox said it is supported and encouraged by the Bryant Fire Department, despite the allegations that he does not support it. Cox also said that no union representative has ever met with him to discuss any problems within the department or with his management of the department.
“I am not against the union — I mean, I was there when they chartered and I supported the union,” Cox said.
“We are a fire union family. I can’t be in the union myself, because of serving as chief, but my brother and son are in a fire union. I looked at it as a professional organization and it enabled them to take donations, do things at the burn centers and offer additional training that they would help pay for that was going to benefit the city. I have never fought this thing from any time.
“They are a professional organization. This local union maybe has struggled but ... I don’t see [the national union] condoning what [the local union] has been doing. And to this day, not one union representative has come to my office and said there was a problem — never.”
Cox said that although the reason the two firefighters were terminated was not union related, he thought about fighting to reinstate the two men because of their record and their previous relationship.
“I have known these guys’ wives, I knew their kids and over my 20 years here, I have let people go before, but it didn’t bother me like these guys did,” Cox said.
“It bothered me when they got terminated, it really did, but federal law doesn’t authorize them to forge city documents [duty roster] and it doesn’t authorize them to come into an investigation and lie. So it was a good decision to terminate them.”
On Feb. 12, Cox said he asked for Watson and Spruell to meet with him about possibly reinstating them. He said the two firefighters came to his office with several union representatives, but only spoke with the two in his office along with Assistant Fire Chief Brandon Futch. Cox said he had also contacted Alderman Ken Green and told him of his possible decision.
“I told him that I felt like these were two young men that had just dumped their careers in the toilet that had young babies and wives,” Cox said.
“I said I was concerned for them and that felt like if I could sit down and talk to them and they showed they were remorseful, that I felt like they could learn something from this and could actually become better leaders. [Green] said my first decision was good and this one was excellent.”
After meeting with Watson and Spruell, Cox said he contacted the mayor to get the two reinstated. Mitchell agreed to reinstate the two firefighters. Cox also acknowledged during the reinstatement that he was going on a two-week leave due to complications with his daughter’s pregnancy and that he needed to help take care of her. He also said he had considered leaving the department.
“I told them I was tired, burned out and that I was going to spend some time with my family,” Cox said. “I said I was going to even consider a career change and possibly give my two weeks’ notice ... [Watson and Spruell] asked me not leave and I told them that makes me feel good and makes me feel wanted. I didn’t say that I was mental, I didn’t say I was psychotic, nothing like that.”
After taking the two-week leave, Cox said that he had a medical problem and that his doctor advised him not to return to work. During this time, Weger and Gary Seibel of the union announced the results of a vote of no confidence in Cox by the union members.
They cited “an absolute lack of faith in ... Cox’s ability to manage the Bryant Fire Department.”
Firefighters said they have serious concerns about Cox’s integrity, honesty, character, and leadership skills. The also said Cox’s “seemingly totalitarian philosophy is not conducive to good working morale and has led to a fundamental and irreversible breakdown of trust. We feel this lack of self-control and leadership skills is leading the Bryant Fire Department to a foreseeable disaster, which the end result will be a totally dysfunctional fire department and public relations nightmare.
“We feel ... the chief is both arrogant and dictatorial, and has been unfair in promotions and discipline. He seems to have no loyalty to the Bryant firefighters and doesn’t know the difference between serving himself and others. ... ”
Cox said that he believes that firefighters who agreed with the vote of no confidence were “bullied” into the decision. He also asked why the local union has never acknowledge an exact number on the vote.
“I think they were strong-armed and bullied. It is retaliation plain and simple,” Cox said. “How they got their vote [of no confidence]? I was told from some firefighters that they were told that anyone interviewed in the investigation was going to lose their jobs. They were strong-armed.”
***** END FIRST PART HERE ... END FIRST PART HERE *****
Cox said that after reinstating the two firefighters, that he was investigated, but then the investigation began involving other firefighters.
“The next thing you know there was an investigation,” Cox said. “There were allegations against me that were anywhere from 2 to 4 to 6 years ago. That is when I realized that there is retaliation going on, but then through the investigation through the interviews, the investigation turned and 4 to 5 people, not just me were dragged into it. I think they were hoping these allegations would get me fired, but they got dragged into the investigation themselves and that is why the vote of no confidence came.”
The Courier submitted a formal Freedom of Information Act request for files pertaining to Cox’s investigation on March 20, but Starzewski said in a faxed letter to the newspaper that it is her determination, not the attorney general’s, that the files are currently protected from the FOIA request. Several firefighters presented the allegations to the courier during the investigation, but none would go on record or present evidence to support the allegations. Despite this, Cox answered the allegations during a Friday Courier interview.
Those allegations included accusing Cox of forcing his firefighters to repair the roof of his house, unauthorized use of city equipment and improper use of his city issued handgun. More seriously, Cox was alleged to have used a gun on suspects during a traffic stop. During the interview, Cox revealed that he is certified as a fire marshal and part-time police officer.
“I also work as a reserve police officer for the city of Bryant,” Cox said. “I gave the city a copy of my certifications and a letter was sent by the Arkansas Law Enforcement standards telling them I was certified as a law enforcement officer.”
Cox said that several years ago he and fellow firefighters went out on a call during an electrical storm near his home, when his wife called and told him that water was pouring through the electrical outlets. He said that he left the firefighters to begin repairs on his home and later the firefighters stopped to check on his home.
“They stopped by to help me, voluntarily, “ Cox said. “I would have done the same for anyone of them and we would have done the same as any call made to [fire department].”
Cox said when he was asked during the investigation about using a city four-wheeler, it was revealed that former Bryant Mayor Paul Halley had authorized the use of it. He also said that the former mayor reportedly sent a letter to the city claiming that Cox did in fact get permission to use the four wheeler.
It was also alleged that Cox had pulled his handgun out numerous times for various reasons including chasing down a bank robber, going on a manhunt and during a police traffic stop.
“There was a bank robbery at Metropolitan Bank, I heard it over my radio and I happened to be right there,” Cox said. “I saw a lady running out of the bank hysterical, I made a u-turn, jumped the curve in my fire car, pulled into the parking lot, got my firearm out of the locked glove box and went to the lady. I then took off to find the suspect after the lady said which direction he went. Chief Futch was with me, but he said he wasn’t going and he stayed with the tellers. I then got on the police radio and told them I was on scene. I gave description of suspect and said I was trying to purse him. I had other officers join me and was never told to back off. Why would I not do that? We are public safety and I am authorized.”
Cox also said that he was requested by a Bryant police officer several years ago to see if his firefighters would help search for a man that allegedly tried to abduct a young girl. He said he called the firefighters and told them the situation. Cox said that he told the firefighters that if they felt uncomfortable with the situation, they didn’t have to participate, but none objected.
“Nobody said they weren’t comfortable with it and so a firefighter and an officer teamed up in the search,” Cox said. “We then conducted a grid search. If they were concerned I wouldn’t let them do it.”
Cox also acknowledged that he had, at least on one occasion, pulled in front of a vehicle in order to help police make a stop after it had cutoff a fire truck. He said that he did get out with a police officer at the stop. Firefighter Rick Morris said in a letter to the Courier that Cox “belittled me” at the scene of a vehicle accident and threatened his job. Cox said that Morris failed to mention the details of the incident.
“What [Morris] failed to say was that there was major gas leakage from two vehicles going into the storm drains and city sewers,” Cox said. “They pulled up right in the middle of it, parked the fire truck and got out with no turnouts on, no breathing equipment, nothing. So yeah I yelled at him because he could have blew everyone of us up and I told him to back up, get dressed and do his damn job - that was my exact quote. I shouldn’t have used the word damn, but I did. After the call, he came into my office and apologized. That is were I made my mistake. I didn’t write him up because he apologized.”
The most serious of the accusations that Cox said he was asked during the investigation was that he pointed his handgun at suspects during a traffic stop.
“The allegation where I pulled a gun on some suspects - I was here at the house and I got a call from the police department,” Cox said. “They had pulled a car over and there was a car load of people, but one suspect ran. They called to use the thermal imager (night vision camera). I helped the officer get the people out of the car, we laid them down on the ground and then the officer said he needed to get out in the woods to help his partner. I gave him my thermal imager, grabbed my handcuffs, his handcuffs and I drew my weapon. I was directed to do so and ten minutes later a state trooper showed up and I turned them over to him. I then went out to help the officers in the woods. It is all in the police report. They called and requested my assistance. It is convenient for them because I got the night vision camera and they know I am armed. I’ve been on manhunts, suicide watches, I’ve been with officers when they served warrants - I’ve provided medical for them.”
It was because of allegations such as Cox described and because Cox was on medical leave, that a few firefighters told the courier that they feared for their own safety. Five firefighters also sent letters to the mayor over safety concerns, but Cox asked why the firefighters didn’t get the police involved if they sincerely feared their lives. Mayor Larry Mitchell also questioned the letters.
“I think this is a coordinated effort by five firefighters to further question (Cox’s) abilities as fire chief,” Mitchell said. “The letters all have the same subject matter.”
On April 1, despited the vote of no confidence and a few firefighters writing letters to the mayor expressing fear for their lives, Cox said that he returned to work determined to work things out.
“I didn’t try to come back as a jerk or anything and I came to see if there was anyway to work through this issue, I really did,” Cox said. “I feel that I am a person that that can sit down and talk with anybody and try to work through the issues, but nobody said anything to me. During crew meetings, I told my guys that if they wanted to come talk to me they could and that there are two sides to every story. I did tell them that the personal attacks against me and my family in the newspaper was going to stop because it wasn’t right and wasn’t professional.”
The investigation into Cox and other firefighters continued when the the city council learned they, along with Shayne King and the mayor would serve as custodians of the files. But on April 16, the council completed the investigation and cleared all the firefighters involved in the investigation and Chief Cox of all charges.
“The mayor and the following members of the city council, in conjunction with the Human Resource Director [Shayne King], have finished our investigation and review of the recent allegations brought by three firefighters and statements from other fire department personnel regarding those allegations. At this time, we confirm our two findings: 1. the facts do not support the removal of Chief Cox and 2. the facts do not support disciplinary action against other firefighters.”
Weger told the Courier on April 17 that that many Bryant firefighters disagree with the findings of the mayor and council. He said they will continue to press the issues brought against Cox despite fear of losing their jobs.
“We still stand behind our [March 13] vote of no confidence and we’ll continue to push for a better [fire] department,” Weger said. “I think through the whole investigation the city has been lying to the firefighters, media and the public. I think the members of the local 4606 will keep pressing the issues to let the citizens know what is going on.”
Cox said he still plans to work on reconciliation with the fire department, but is unsure how to make this possible. He said that he fears that unless the council gets involved, the department could lose some “good” firefighters.
“We’ll get through this,” Cox said. “They have got to either let it go or they need to go on. The door swings both ways. So do I have a plan written out? No, not yet. I am working through it. At some point in time, I think the [Bryant city] council is going to have to make a decision on how to put an end to this, but nobody really wants to make that decision. I think that if the city council does not put a stop to this, that we’ll lose some good firefighters. They are tired of dealing with it, but they are hanging in there. I don’t think they are going to stop and it is sad. I can sit down and work with anybody, but I am not going to lie to you, there are five people that I feel have crossed the line, acting immorally. I don’t know if I can [talk with them], but I am willing to try.”
Cox also said, “I have had a lot of fire chiefs calling me and telling me to hold in there. I want to allow the public and the other firefighters and other fire departments around here that there is two sides to every story. My goal is they’ll see it and maybe they’ll talk to the guys and say hey you are crossing the line, let it go and lets move on. It seems every Fire Chief, sometime in their career goes through a power struggle. I guess it is just the nature of the beast. It is shame because there is so much blood, sweat and tears and hard work and family - now you got to try and mend all that and we will. I think this will make me a stronger leader for sure and it also makes you learn a lesson that you can’t necessarily get so close to your guys, like you use to. It will make me ask more questions and look at things differently. There is no doubt that this has made my family stronger and made us draw closer to God. And you find out who your friends are.”
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