BUCYRUS — A United States District Court has sided with the City of Bucyrus in dismissing a complaint made by one of its employees.
United States District Court Judge James Gwin dismissed a civil complaint filed by Bucyrus Fire Department Chief Jay Keller against the City of Bucyrus, Mayor Jeff Reser and Service Safety Director Jeff Wagner.
According to the opinion written by Gwin, on Sept. 28, Keller filed a complaint saying, “certain disciplinary actions broke an employment contract and were age and disability discrimination.”
The opinion said the disciplinary action occurred after Keller, “took disability leave for major back surgery. Keller’s back surgery did not result from work related injuries. In July 2017, while (Keller) was still on medical leave, (city administrators) gave Keller a disciplinary notice, citing alleged racial slurs and bullying.
Subsequently, (city administrators) placed Plaintiff Keller on unpaid leave. Further, they required Keller to pay for professional development and complete a physical examination.
(Keller) satisfied these physical examination and professional development requirements and returned to work.”
On Oct. 5, all three defendants listed in the complaint filed to dismiss the case.
In the written ruling, Gwin agreed with the City of Bucyrus’ motion to dismiss all counts of the complaint.
Keller’s attorney, Adam Stone, said he is going to speak with Keller about what the next possible action may be.
“The decision is going to be my client’s,” Stone said. “We are disappointed in the ruling. The judge made the ruling and it is what it is. I have a lot of respect for Judge Gwin.”
Bucyrus Law Director Rob Ratliff said city officials are pleased with the ruling.
“We believe it was the right decision,” Ratliff said. “We hope all parties can move forward with the best interests of the City of Bucyrus at heart.”
Mayor Jeff Reser agreed.
“We have continued business as usual since Chief Keller’s return and we plan that it is going to stay that way,” Reser said.
The full copy of the court’s order is below.