By James Massara

An option to move forward with disciplinary proceedings and employment was presented to Bucyrus Fire Chief Jay Keller from the City of Bucyrus on Thursday, Nov. 10.

An option Keller is not going to take.

Two documents from the Office of Bucyrus Mayor Jeff Reser were given to Keller and attorney Adam Stone. An order of 10-day suspension and a last chance agreement presented to city’s findings from its internal investigation and laying out the conditions the city wishes Keller to agree to for the suspension to be enacted and Keller to remain employed.

One document was signed and the other remains blank.

According to Stone, one line is the main cause for the lack of Keller’s signature.

The document states, “The Civil Commission, or any other reviewing entity, shall have no authority to modify the discipline,” meaning in the event of any further discipline, including termination, Keller would have waived his right to appeal to an outside source to investigate the firing.

The appeal is something Keller and Stone plan to pursue should termination take place, which Stone said he and his client believe could be at anytime.

“We feel that every time we walk into city hall, it could be the time (Keller) gets fired,” Stone said. “And we aren’t going to waive a right that gives the city the power to be the judge, jury and executioner.

“Those checks are there for a reason, to keep governments in check.”

Reser and Bucyrus Service-Safety Director Jeff Wagner signed the 10-day suspension on behalf of the city and Keller signed the form with a note that he acknowledged the receipt of the document but does not agree with its content.

The suspension form states everything the city found wrong with Keller’s conduct, including the recording of a “pre-negotiation meeting for police and fire department collective bargaining agreements.”

Keller admitted to recording the meeting, but claimed he did it to assist in short-term memory loss caused by medication being taken as part of the aftermath of a back surgery, which had put Keller on paid medical leave. He also said he had no idea he was not allowed to record the meeting.

The document says Keller admitted to breaching lawyer-client privilege, a concept Keller said he has no knowledge of.

Stone confirmed Keller does not know when attorney-client applies, or when it does, what it entails.

“I’ve even tried to explain it since and (Keller) still doesn’t fully understand,” Stone said. “He’s never been trained on it, and I shouldn’t be the one doing the training. If the city wants its employees to know how to handle policies, then it needs to provide the training.”

The document also says Keller has been unable to provide medical documentation for the alleged memory loss or provide an explanation as to why he did not inform the other meeting attendees of the recording. However, the document also states security camera footage shows Keller showing a device to another meeting attendee, which the attendee later identified as a recorder.

Keller said, with his wife and daughters present, that living through the discipline proceedings has continued to be tough on his family.

“We can’t just say hi anymore,” Keller said. “Every day someone comes in and talks about it. It’s never going to be the same.”

Keller said he and his wife have even put their house up for sale.

Stone said he believes it’s “Obvious the city wants to terminate Jay and are starting to create a history of discipline to give cause,” and putting Keller’s insurance, income and retirement at risk.

“But the biggest slap in the face is one line,” Stone said. “The suspension document says ‘(Keller’s) statements lack credibility.’” How do tell a fire veteran of 29 years with a clean sheet until the recent allegations that he lacks credibility?”

Stone said Keller was personally hurt by that statement, and as a result, will not sign off on his rights to a city, which he feels is now determined to find a way to terminate him.

Keller and Stone will meet with the city Monday, Nov. 13.