Civil Service Commission Upholds WV Chief’s Termination Despite Apparent FLSA Retaliation

Posted by: Curt Varone November 5, 2024 0

The termination of a West Virginia fire chief earlier this year, has been upheld the city’s civil service commission. Clarksburg Fire Chief Stephen McIntire was fired by City Manager Tiffany last June.

The stated reason for Chief McIntire’s termination was “the painting of a mural in the fire chief’s office at the main fire station.” However, Chief McIntire claims he is being retaliated against for having been involved in two overtime lawsuits. The termination decision was made two weeks after the suits were filed. For that reason he demanded a hearing before the Clarksburg Fire Civil Service Commission. He has been suspended with pay pending the outcome of the hearing.

The two lawsuits allege overtime violations, one under the FLSA and one under West Virginia state law. The FLSA has strong anti-retaliation provisions. Nonetheless, the commission voted 2 to 1 to uphold the chief’s termination. Here is our earlier coverage on the suits and Chief McIntire’s termination.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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