Firefighter & Fire Safety Inspector Training Committee Meeting · o Firefighter & Fire Safety Inspector Training Sub-Committee, Doug Orahood Report and Recommendation in the matter

State Board of Emergency Medical, Fire, and Transportation Services Deanna L. Harris, Chair

Thomas Allenstein, Vice-Chair Dr. Carol Cunningham, State Medical Director

www.ems.ohio.gov/ems_board.stm 1970 West Broad Street, PO Box 182073, Columbus, Ohio 43218 (614) 466-9447 / (614) 466-9461 FAX

Firefighter & Fire Safety Inspector Training Committee Meeting State Board of Emergency Medical, Fire, and Transportation Services

13430 Yarmouth Drive, Pickerington, Ohio

~ FINAL MEETING AGENDA ~

Thursday, February 18, 2016

(Immediately following the EMFTS Board meeting)

Roll Call

Welcome and Introduction

Open Forum

• Review and Approval of Consent Agenda, including minutes of December 16, 2015.

Fire Certification & Exemption Requests (Medical and Military), Jean Booze

Committee Report

o Firefighter & Fire Safety Inspector Training Sub-Committee, Doug Orahood

Report and Recommendation in the matter of Fire Case(s): None

Fire Goldman’s in the matter of Fire Case(s):

o Fire Case Number 2014-406-F300, Jason M. Gurley, Fire Certificate Number 131963

o Fire Case Number 2014-525-F300, Joe Sorbello, Fire Certification Number 155645

o Fire Case Number 2014-555-F300, Kenneth Cromes, Fire Certification Number 149501

o Fire Case Number 2014-605-F300, Connor E. Murphy, Fire Certification Number 160842

o Fire Case Number 2015-22-F300, Levi Messmer, Fire Certification Number 147213

o Fire Case Number 2015-105-BF100, Brian E. Peters, Fire Certificate Number 55044

o Fire Case Number 2015-165-F300, Robert D. Hawke, Fire Certification Number 148372

o Fire Case Number 2015-189-F300, Timothy A. Custer, Fire Certification Number 119334

Fire Investigations, Melissa Vermillion and Staff

o Executive Session for the purpose of discussing proposed disciplinary action against

certificate holders pursuant to Ohio Revised Code Section 121.22(G)(1) or pursuant to

121.22 (G)(5) that involve matters required to be kept confidential under Ohio Revised

Code Section 149.43 (A)(2) or 4765.102(B).

Old Business

New Business

Adjournment


Rebecca Baute, Vice-Chair Dr. Carol Cunningham, State Medical Director


Firefighter & Fire Safety Inspector Training Committee Meeting

State Board of Emergency Medical, Fire, and Transportation Services

1970 W. Broad Street, Conference Room 1106

Columbus, Ohio 43223

~ FINAL MEETING AGENDA ~

Wednesday, April 20, 2016


Roll Call


Open Forum

• Review and Approval of Consent Agenda, including minutes of February 18, 2016 meeting.


Committee Report


Report and Recommendation in the matter of Fire Case(s): None

Fire Goldmans in the matter of Fire Case(s): None


o Executive Session for the purpose of discussing proposed disciplinary action against certificate holders

pursuant to Ohio Revised Code Section 121.22(G)(1) or pursuant to 121.22 (G)(5) that involve matters

required to be kept confidential under Ohio Revised Code Section 149.43 (A)(2) or 4765.102(B).

Old Business

New Business

Adjournment








~ FINAL MEETING AGENDA~

~Wednesday, June 15, 2016~


Roll Call


Open Forum

• Review and Approval of Consent Agenda, including the meeting minutes of April 20, 2016.


Committee Report


Report and Recommendation in the matter of Fire Case(s):

o Fire Case Number 2014-382-BF100, James J. Kuruc, Fire Certificate Number 158586

Fire Goldmans in the matter of Fire Case(s):

o Fire Case Number 2014-612-BF100, Isiah E. Rorrer, Fire Certificate Number 124365

o Fire Case Number 2014-624-F100, Jeffery L. Combs, Fire Certificate Number 66945

o Fire Case Number. 2014-650-BF100, Stephen W. Brown, Fire Certificate Number 109366

o Fire Case Number 2015-188-F300, Kenneth W. Henderson, Fire Certificate Number 110232

o Fire Case Number 2015-348-F300, Matthew W. Stein, Fire Certificate Number 14777

o Fire Case Number 2015-431-F300, Ronald M. Smith, Fire Certificate Number 1116


o Executive Session for the purpose of discussing proposed disciplinary action against

certificate holders pursuant to Ohio Revised Code Section 121.22(G)(1) or pursuant to 121.22 (G)(5) that involve matters required to be kept confidential under Ohio Revised Code Section 149.43 (A)(2) or 4765.102(B).

Old Business

New Business

Adjournment



www.ems.ohio.gov/ems_board.stm

1970 West Broad Street, PO Box 182073, Columbus, Ohio 43218 (614) 466-9447 / (614) 466-9461 FAX

FIREFIGHTER AND FIRE SAFETY INSPECTOR TRAINING COMMITTEE

STATE BOARD OF EMERGENCY MEDICAL SERVICES OHIO DEPARTMENT OF PUBLIC SAFETY

MEETING MINUTES June 15, 2016

~FINAL~

Committee Meeting Date and Location: Wednesday, June 15, 2016 at the Ohio Department of

Public Safety, 1970 West Broad Street, Conference Room 1106, Columbus, Ohio.

Committee Members Present: James Davis, Deanna Harris, Mark Resanovich, and

Dudley Wright II

Committee Members Absent: ~none~

EMS Staff Present: Jean Booze, Melvin House, Valerie Koker, and Ellen Owens.

Assistant Attorney General: Walter McNamara

Guest and Public Present: ~none~

Ms. Harris called the meeting to order at 1:03 p.m.

ROLL CALL

Mr. James Davis Present Mr. Resanovich Present Ms. Deanna Harris Present Mr. Dudley Wright II Present

WELCOME AND INTRODUCTION

OPEN FORUM ~ None

REVIEW AND APPROVAL OF CONSENT AGENDA

Ms. Harris requested a motion to approve the consent agenda to include the April 20, 2016

Firefighter and Fire Safety Inspector Training Committee meeting minutes.

ACTION: Motion to approve the Consent Agenda items to include the April 20, 2016 Firefighter and Fire Safety Inspector Training Committee meeting minutes. Mr. Davis– First. Mr. Resanovich– Second. None – Abstained. None opposed. Motion approved.

http://www.ems.ohio.gov/ems_board.stm

http://www.ems.ohio.gov/ems_board.stm

Ohio Department of Public Safety

Division of Emergency Medical Services

Firefighter and Fire Safety Inspector Training Committee

Fin

June 15, 2016

Page 2 of 9

FIRE CERTIFICATIONS & EXEMPTON REQUESTS (Military & Medical), Jean Booze

Jean Booze reported there were not any CE exemptions to be considered. There were 2,949 new fire applications for certification received from April 11, 2016 to June 11, 2016. Staff recommends approval and Ms. Booze requested a motion to ratify.

ACTION: Motion to ratify the 2,949 new fire applications for certification received from April 11, 2016 to June 11, 2016. Mr. Davis – First. Mr. Resanovich – Second. None opposed. None abstained. Motion approved.

COMMITTEE REPORTS

Firefighter Committee Report, Doug Orahood

The Pro-Board conducted an on-site visit and expressed that the Ohio EMS Course Administration System is innovative and is unlike anything they have seen nationally. DEMS staff also received high marks on the test validation process.

ED House reported that DEMS staff has been working on the fire rules and were presented to the Firefighter and Firefighter Safety Inspector Training Committee. The fire rules will most likely be filed in July and a stakeholder meeting will be held in August. A couple of significant changes include the live fire certification. The committee also moved to grant 90 day extensions as well as extending the reinstatement period to three years. The fire rules will be written to reflect those new changes.

In the practical skill review it was found that in the volunteer course they were not providing practical skills examinations. It is required that all firefighter certification courses to test both written and practical skills examinations.

REPORT AND RECOMMENDATION IN THE MATTER OF FIRE CASE

Ms. Harris began the deliberation and noted that Executive Director Melvin House was also present. The Committee will be deliberating on one Report and Recommendation (R & R) in the matter of:

Fire Case Number 2014-382-BF100, James J. Kuruc, Fire Certificate Number 158586

Ms. Harris recognized Assistant Attorney General Walter McNamara for the purpose of providing a brief synopsis of the case and a recommendation for disciplinary action.

AAG McNamara presented Fire Case Number 2014-382-BF100, James J. Kuruc, Fire Certificate Number. On September 25, 2015, Mr. Kuruc was convicted of two counts Unlawful Sexual Conduct with a Minor, both fourth-degree felonies. He is required to register as a sex offender and prohibited from any contact with anyone under the age of 18. On October 26, 2015, the EMFTS Board voted to summarily suspend his certificate to practice. A hearing was requested and held on




Fin

June 15, 2016

Page 3 of 9

March 18, 2016. The hearing examiner found that Mr. Kuruc was convicted of the offense and did not provide notification of his offense to the Division as required. It is the recommendation to permanently revoke Mr. Kuruc’s certificate to practice.

Ms. Harris requested a motion to recess the meeting for the purpose of entering into quasi-judicial deliberations on the matter pursuant to Ohio Revised Code Chapter 119 and that are required to be kept confidential under R.C. 4765.102(B). The Committee will reconvene following deliberations.

ACTION: Motion to adjourn to Executive Session for the purpose of entering into quasi-judicial deliberations on these matters pursuant to Ohio Revised Code Chapter 119 and that are required to be kept confidential under R.C. 4765.102(B). Mr. Davis – First. Mr. Resanovich – Second. None opposed. None – abstained. Motion approved.

ROLL CALL


ACTION In the matter of Fire Case Number 2014-382-BF100, James J. Kuruc, Fire Certificate Number 158586, the Committee recommends to the Executive Director to confirm and approve the findings of fact, conclusions of law, and the recommendation issued by the hearing examiner to permanently revoke Mr. Kuruc’s firefighter certificate. On September 25, 2015, Mr. Kuruc was convicted of two (2) counts of Unlawful Sexual Conduct with a Minor, both fourth-degree felonies, in violation of Ohio Revised Code Section 2907.04, in the Court of Common Pleas, General Division, Medina County, Ohio, Case No. 14CR0396. Mr. Kuruc was designated a sex offender by the Court, and is registered as a Tier II Sex Offender. Mr. Kuruc is in violation of Ohio Administrative Code Section 4765-23-02(A)(1)(a). Additionally, Mr. Kuruc failed to report his conviction(s) in violation of Ohio Administrative Code Sections 4765-23-02(A)(4) and 4765-22-01(D)(1). Therefore, the Committee recommends to the Executive director to permanently revoke Mr. Kuruc’s firefighter certificate, at any level. Mr. Davis – First. Mr. Wright– Second. None Opposed. Mr. Resanovich abstained. Motion approved.

GOLDMAN PROCEEDINGS

Ms. Harris, on behalf of the Firefighter and Fire Safety Inspector Training Committee called the proceeding to order at 1:18 p.m. on June 15, 2016 at the Ohio Department of Public Safety, 1970 West Broad Street, Columbus, Ohio 43223. Fire members of the Board present for these proceedings were:

ROLL CALL


There will be six adjudication proceedings today. Also present is Executive Director Mel House. These proceedings were in the matter of:

o Fire Case Number 2014-612-BF100, Isiah E. Rorrer, Fire Certificate Number 124365

o Fire Case Number 2014-624-F100, Jeffery L. Combs, Fire Certificate Number 66945

o Fire Case Number. 2014-650-BF100, Stephen W. Brown, Fire Certificate Number 109366

o Fire Case Number 2015-188-F300, Kenneth W. Henderson, Fire Certificate Number 110232




Fin

June 15, 2016

Page 4 of 9

o Fire Case Number 2015-348-F300, Matthew W. Stein, Fire Certificate Number 14777

o Fire Case Number 2015-431-F300, Ronald M. Smith, Fire Certificate Number 1116

These proceedings were an affidavit-based adjudication relative to a Notice of Opportunity for Hearing mailed to the respondents in the aforementioned cases and believed to have been properly served according to the Administrative Procedures Act (Chapter 119, of the Ohio Revised Code).

As the respondents did not properly request a hearing in the cases, these proceedings will be held today pursuant to Goldman v. State Medical Board of Ohio. The individuals named do not have the ability to present written or oral testimony today, but may be present to hear the proceedings and outcome.

The Fire Board members were informed that they have already received the sworn affidavits from the EMS Investigators and accompanying exhibits for the Goldman Proceedings. The affidavits contain the evidence and testimony upon which you will deliberate. The Board members had the opportunity to review the affidavits and accompanying exhibits prior to the meeting and were offered the opportunity to review them again.

In lieu of a stenographic record being made, the minutes reflected that the original sworn affidavits and exhibits shall be kept as the official record of the proceedings in the aforementioned matters in the Office of the Division of EMS.

Ms. Harris recognized Assistant Attorney General Walter McNamara, for the purpose of providing a brief synopsis of each case and a recommendation for disciplinary action. Mr. McNamara presented a synopsis of the following cases:

Isiah E. Rorer was convicted of two counts of Theft, felonies of the fifth-degree. Mr. Rorer

did not disclose the conviction to the Division. The recommendation is to revoke Mr. Rorrer’s firefighter certificate.

Jeffery L. Combs was convicted of Misuse of a Credit Card, a first-degree misdemeanor and Receiving Stolen Property, a first-degree misdemeanor. Mr. Combs was involved in the theft of WalMart gift cards. He was found to have misdemeanor convictions involving moral turpitude, therefore, the recommendation is to revoke Mr. Combs’ firefighter certificate.

Stephen W. Brown is also a certified EMT, however, that certification expired on January 26, 2016. Mr. Brown plead guilty to Conspiracy to Commit Murder, a first-degree felony. He solicited an individual to kill the husband of a woman with whom he was having an affair and even bought the gun to be used for the murder. The recommendation is to permanently revoke Mr. Brown’s firefighter certificate.

Kenneth W. Henderson held a volunteer firefighter certificate and applied for renewal. On his 2015 renewal application, he indicated he met the continuing education hours. A random audit was conducted and the Division determined he was deficient in the required hours of continuing education. Mr. Henderson was contacted and asked to submit additional information to prove the continuing education hours. He did not accurately respond to the continuing education question on his application. The recommendation is to revoke Mr. Henderson’s firefighter certificate.




Fin

June 15, 2016

Page 5 of 9

Matthew W. Stein holds a level II firefighter certificate. On his 2015 renewal application he indicated that he had obtained the required hours of continuing education. Mr. Stein was contacted and asked to submit additional information to prove that he completed the amount of hours. He did not accurately respond to the continuing education question on his application. The recommendation is to revoke his firefighter certificate.

Ronal M. Smith is a certified Fire Safety Inspector. On his 2015 renewal application he indicated that he had obtained the required amount of continuing education. Mr. Smith was contacted and asked to submit additional information to prove that he completed the amount of hours. He did not accurately respond to the continuing education question on his application. The recommendation is to revoke his firefighter certificate.

Having heard the synopsis and recommended disciplinary action for each case, Ms. Harris requested a motion to admit the sworn affidavits and the accompanying exhibits in the aforementioned cases into evidence.

ACTION: Motion to admit the sworn affidavit and accompanying exhibits in the aforementioned cases into evidence. Mr. Davis – First. Mr. Wright – Second. No Abstentions. None opposed. Motion approved.

There being no further evidence, these proceedings were closed at 1:25 p.m. The procedural and jurisdictional matters having been satisfied, the proceedings continued by deliberation on the sworn affidavits and exhibits. A written copy of the Executive Director’s decision will be mailed to the respondents.

ACTION: Motion to adjourn to Executive Session for the purpose of entering into quasi-judicial deliberations on these matters pursuant to Ohio Revised Code Chapter 119 and that are required to be kept confidential under R.C. 4765.102(B). Mr. Wright – First. Mr. Davis – Second. None opposed. None – abstained. Motion approved.

ROLL CALL


The Board returned from private session at 1:32 p.m.

ACTION: In the matter of Fire Case Number 2014-612-BF100, Isiah E. Rorrer, Fire Certificate

Number 124365, the Committee finds that Mr. Rorrer was convicted of two counts of Theft, both fifth degree felonies. Additionally, the Committee finds that Mr. Rorrer failed to provide the police records, court records, and a background check, as required. Mr. Rorrer violated Ohio Administrative Code Sections 4765-23-02(A)(4), 4765-22-01(D), and 4765-23-01(A)(1)(a); therefore, the Committee recommends to the Executive Director to revoke Mr. Rorrer’s firefighter certificate. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.




Fin

June 15, 2016

Page 6 of 9

ACTION: In the matter of Fire Case Number 2014-624-F100, Jeffery L. Combs, Fire Certificate

Number 66945, the Committee finds that Mr. Combs was convicted of Misuse of a Credit Card and Receiving Stolen Property, both first-degree misdemeanors. The Committee concludes these misdemeanors involve moral turpitude and are in violation of Ohio Administrative Code Section 4765-23-02(A)(1)(c); therefore, the Committee recommends to the Executive Director to revoke Mr. Combs’ firefighter, fire safety inspector and fire instructor certificates. . Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

ACTION: In the matter of Fire Case Number 2014-650-BF100, Stephen W. Brown, Fire Certificate

Number 109366, the Committee finds that Mr. Brown was convicted of Conspiracy to Commit Murder, a first-degree felony and he failed to report the conviction and supply documentation, as required. Accordingly, Mr. Brown violated Ohio Administrative Code Sections 4765-22-01(D) and 4765-23-02(A)(1)(a); therefore the Committee recommends to the Executive Director to permanently revoke Mr. Brown’s firefighter certificate. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

ACTION: In the matter of Fire Case Number 2015-188-F300, Kenneth W. Henderson, Fire

Certificate Number 110232, the Committee finds that Mr. Henderson failed to complete and accurately document all continuing education requirements after attesting to the fact that he had satisfied the requirements; therefore not meeting the renewal requirements. Accordingly, Mr. Henderson violated Ohio Administrative Code Sections 4765-23-02(A)(2) to wit: 4765-22-01(C) and 4765-20-13(A); therefore the Committee recommends to the Executive Director to revoke Mr. Henderson’s firefighter certificate. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

ACTION: In the matter of Fire Case Number 2015-348-F300, Matthew W. Stein, Fire Certificate

Number 147777, the Committee finds that Mr. Stein failed to complete and accurately document all continuing education requirements after attesting to the fact that he had satisfied the requirements; therefore not meeting the renewal requirements. Accordingly, Mr. Stein violated Ohio Administrative Code Sections 4765-23-02(A)(2) to wit: 4765-22-01(C) and 4765-20-13(B); therefore the Committee recommends to the Executive Director to revoke Mr. Stein’s firefighter certificate. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

ACTION: In the matter of Fire Case Number 2015-431-F300, Ronald M. Smith, Fire Certificate

Number 1116, the Committee finds that Mr. Smith failed to complete and accurately document all continuing education requirements after attesting to the fact that he had satisfied the requirements; therefore not meeting the renewal requirements. Accordingly, Mr. Smith violated Ohio Administrative Code Sections 4765-23-02(A)(2) to wit: 4765-22-01(C), 4765-20-07(B)(3) and 4765-20-16; therefore the Committee recommends to the Executive Director to revoke Mr. Smith’s fire safety inspector certificate. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

FIRE INVESTIGATIONS, STAFF

Ms. Harris requested a motion to adjourn into Executive Session.




Fin

June 15, 2016

Page 7 of 9

ACTION: Motion to adjourn to Executive Session for the purpose of discussing proposed disciplinary action against certificate holders pursuant to Ohio Revised Code Section 121.22(G)(1) or pursuant to 121.22(G)(5) that involve matters required to be kept confidential under Ohio Revised Code Section 149.43(A)(2) or 4765.102(B). Mr. Davis – First. Mr. Wright– Second. None opposed. None – abstained. Motion approved.

Roll Call

Mr. James Davis............. Present Mr. Mark Resanovich .........Present Ms. Deanna Harris.......... Present Mr. Dudley Wright II ...........Present

ACTION: Motion to recommend to the Executive Director to accept the following Consent Agreements. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2015-595-F100 2015-656-F100

2016-38-F300

2016-81-F300

2016-123-F300 2016-135-F300

2016-187-F100

2016-227-F300

2016-228-F300 2016-244-F100

ACTION: Motion to recommend to the Executive Director to accept the following proposed Consent Agreements. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2014-664-F300 *Issue NOH with permission

to negotiate consent

2015-421-F300 *Issue NOH with permission


2016-18-F100 *Issue NOH with permission to

negotiate consent

2016-134-BF100 *Issue NOH with permission


ACTION: Motion to recommend to the Executive Director to close the following cases. . Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2015-242-F300 2015-419-F300

2015-559-F500

2015-637-F100 2015-651-F300

2015-653-F300

2015-658-F300 2016-4-F300

2016-99-F300

2016-121-BF100 2016-177-BF100

2016-249-BF100

ACTION: Motion to recommend to the Executive Director to close cases; re-open if re-applies. The following individuals have convictions, but their certifications have expired. . Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2013-24-F100

2013-135-BF100

2014-28-F100

2015-87-F100

ACTION: Motion to recommend to the Executive Director to close the following cases; applications were deemed incomplete. . Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2016-42-F300 2016-43-F300




Fin

June 15, 2016

Page 8 of 9

ACTION: Motion to recommend to the Executive Director to close the following cases; individuals have met the stipulations of their Consent Agreement. . Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2012-151-BF500 2012-713-BF100

2015-1-F300 2015-510-F100

2015-514-F300 2015-627-F300

ACTION: Motion to recommend to the Executive Director to close the following cases; accept surrendering of their respective certificates. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2015-558-F100 2015-688-F300

2015-692-F300

*Rescind NOH

2015-700-F300

2016-80-F300 2016-132-BF300

2016-159-F300

2016-169-F300

2016-170-F300 2016-192-F300

2016-198-F300

2016-201-F300

2016-224-F300 2016-266-F300

ACTION: Motion to recommend to the Executive Director to Issue Notices of Opportunity for Hearings for the following cases. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2015-57-F500 2015-227-BF100

*Permission to

negotiate consent for

permanent revocation

2015-409-F300

2015-522-F300 2015-597-F300

2015-629-F100

2015-648-F300

2015-660-F300 2016-85-F300

2016-179-F100

2016-182-F100

ACTION: Motion to recommend to the Executive Director to rescind the Notice of Opportunity for Hearing for the following case; and continue with the Consent Agreement. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2015-278-F300

ACTION: Motion to recommend to the Executive Director to close the following cases due to one of the following reasons: inadvertently marked yes to conviction questions, misdemeanor convictions that have previously been deemed “not involving moral turpitude”, local issues, and grandfathering issues of certification/conviction. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2016-174-F300 2016-219-F100

2016-233-F100

2016-237-F100

2016-239-BF100

2016-243-F100 2016-248-F100

2016-249-BF100

2016-252-F100

2016-253-BF100

2016-267-F100 2016-269-F100

2016-273-BF100

2016-278-F100

2016-301-F100

2016-302-F100 2016-303-F100

2016-304-F100

2016-312-BF100




Fin

June 15, 2016

Page 9 of 9

Old Business ~ None

New Business ~ Ms. Harris reminded members of the committee that the December meeting does not follow the 3rd Wednesday of the month. The meeting is scheduled for December 14, 2016.

ADJOURNMENT

ACTION: Motion to adjourn. Mr. Davis – First Mr. Resanovich - Second

The meeting adjourned at 2:12 p.m.









~Wednesday, August 17, 2016~


Roll Call


Open Forum

• Review and Approval of Consent Agenda, including the meeting minutes of June 15, 2016.


Committee Report


Report and Recommendation in the matter of Fire Case(s): o Fire Case Number 2015-383-F100, Brian C. Cox, Fire Certificate Number 158878 o Fire Case Number 2015-442-F100, Patrick M. Anastasia, Reinstatement Applicant Number 67638

Fire Goldmans in the matter of Fire Case(s): o Fire Case Number 2015-136-BF100, Jeffrey T. Young, Fire Certificate Number 22068 o Fire Case Number 2015-538-F300, Nicholas S. Kehres, Fire Certificate Number 138641 o Fire Case Number 2015-553-F100, Michael P. Whitecar, Fire Certificate Number 169332 o Fire Case Number 2015-681-BF100, Shane M. Cochrane, Fire Certificate Number 3936


o Executive Session for the purpose of discussing proposed disciplinary action against certificate holders pursuant to Ohio Revised Code Section 121.22(G)(1) or pursuant to 121.22 (G)(5) that involve matters required to be kept confidential under Ohio Revised Code Section 149.43 (A)(2) or 4765.102(B).

Old Business

New Business

Adjournment




Final

FIREFIGHTER AND FIRE SAFETY INSPECTOR TRAINING COMMITTEE STATE BOARD OF EMERGENCY MEDICAL SERVICES

OHIO DEPARTMENT OF PUBLIC SAFETY

MEETING MINUTES

August 17, 2016

~FINAL~

Committee Meeting Date and Location: Wednesday, August 17, 2016 at the Ohio Department of Public Safety, 1970 West Broad Street, Conference Room 1106, Columbus, Ohio. Committee Members Present: James Davis, George B. Snyder and Dudley Wright II Committee Members Absent: Deanna Harris and Mark Resanovich EMS Staff Present: Jean Booze, Melvin House, Valerie Koker, and Ellen Owens. Assistant Attorney General: Rico Barrera Guest and Public Present: ~none~

Mr. Davis called the meeting to order at 1:39 p.m. ROLL CALL

Mr. James Davis Present Mr. George B. Snyder Present Ms. Deanna Harris Absent Mr. Dudley Wright II Present Mr. Resanovich Absent

WELCOME AND INTRODUCTION OPEN FORUM ~ None REVIEW AND APPROVAL OF CONSENT AGENDA

Mr. Davis requested a motion to approve the consent agenda to include the June 15, 2016 Firefighter and Fire Safety Inspector Training Committee meeting minutes.

ACTION: Motion to approve the Consent Agenda items to include the June 15, 2016 Firefighter and Fire Safety Inspector Training Committee meeting minutes. Mr. Wright– First. Mr. Snyder– Second. None – Abstained. None opposed. Motion approved.

Ohio Department of Public Safety August 17, 2016

Division of Emergency Medical Services Page 2 of 9


FIRE CERTIFICATIONS & EXEMPTON REQUESTS (Military & Medical), Jean Booze

Jean Booze reported there were three dual certified and one fire only; 2016-8-1, 2016-8-2, 2016-8-3, 2016-8-4. Exemption number 2016-8-3 is a voluntary firefighter who was granted an exemption for the previous cycle. He is still deployed; however, this would be a back to back exemption. 2016-8-4 is a career veteran who is eligible for an automatic renewal under House Bill 98, however, he would need continuing education during the current cycle. Staff recommends approval and Ms. Booze requested a motion to ratify.

ACTION: Motion to ratify the exemptions for number 2016-8-1, 2016-8-4, and 2016-8-2. Mr. Wright – First. Mr. Snyder – Second. None opposed. None abstained. Motion approved.

Exemption Number 2016-8-3 is a volunteer firefighter who was granted an exemption for the same certificate from the previous cycle. He is asking for a second exemption due to him still being deployed. A discussion ensued regarding back to back exemptions. DEMS received his orders with him currently being in Afghanistan. Ms. Booze explained that under HB 98 he would automatically be renewed, however, he is required to complete the continuing education he has missed. Members of this committee appreciates his service. Let the minutes reflect that it was suggested to deny the exemption based on the fact that he has already had an exemption and with the understanding that under House Bill 98 he will have an extended period of time to fulfill his continuing education hours.

ACTION: Motion to deny the exemption based on the fact that he has already had an exemption and with the understanding that under House Bill 98 he will have an extended period of time to fulfill his continuing education hours. Mr. Wright – First. Mr. Snyder – Second. None opposed. None abstained. Motion approved.

Jean Booze reported that there are two exemption requests under hardship and medical reasons. Exemption number 2016-8-5 and 2016-8-6. Medical documentation has been received from both and staff recommends approval.

ACTION: Motion to approve the exemption requests of number 2016-8-5 and 2016-8-6. Mr. Snyder – First. Mr. Wright – Second. None opposed. None abstained. Motion approved.

Jean Booze reported that due to the new system there are a few from the June report that were approved at the June EMFTS Board meeting. There were 1,180 new fire applications for certification in June and 998 for July for a total of 2,178. Staff recommends approval and Ms. Booze requested a motion to ratify.

ACTION: Motion to ratify the 2,178 new fire applications for certification received June and July 2016. Mr. Snyder – First. Mr. Wright – Second. None opposed. None abstained. Motion approved.




REPORT AND RECOMMENDATION IN THE MATTER OF FIRE CASE Mr. Davis began the deliberation and noted that Executive Director Melvin House was also present. The Committee deliberated on two Report and Recommendations (R & R) in the matter of:

Fire Case Number 2015-383-F100, Brian C. Cox, Fire Certificate Number 158878; and

Fire Case Number 2015-442-F100, Patrick M. Anastasia, Reinstatement Applicant Number 67638

Mr. Davis recognized Assistant Attorney General Rico Barerra for the purpose of providing a brief synopsis of the case and a recommendation for disciplinary action. Fire Case Number 2015-383-F100, Brian C. Cox, Fire Certificate Number 158878. Mr. Cox holds a Firefighter I certification. AAG Barerra presented that in July of 2015, Mr. Cox was convicted of Abduction, a third-degree felony and Intimidation of a Witness, a third-degree felony. The hearing was held on June 3, 2016, where both sides were given an opportunity to present evidence. The hearing examiner found that Mr. Cox was in fact convicted of these felony offenses and that he did not report those to the Division of EMS as required. The incident was a fight between Mr. Cox and his girlfriend. Mr. Cox testified that he became angry with his girlfriend and a physical altercation ensued between them. When she tried to leave the house he would not let her leave which explains the intimidation of a witness. The hearing examiner recommended revocation, however, he wanted to stress that he does not recommend permanent revocation. Mr. Cox is a veteran and he was medically discharged from the Navy for mental issues related to PTSD after a tour in Afghanistan. Fire Case Number 2015-442-F100, Patrick M. Anastasia, Reinstatement Applicant Number 67638. Mr. Barerra reported that Mr. Anastasia held a certificate to practice from 1995 untill 2009 when it expired. In 1993 Mr. Anastatsia was convicted of Aggravated Arson, a first-degree felony as well as three counts of Arson, a third-degree felony. The rules written at that time the school he attended did not screen this and could not take action. Mr. Anastsia was very forthright about his convictions, and noted that he was 20 years old at the time and made bad decisions. He has not had any other offenses and has been active in his community. The Hearing Examiner felt very strongly that Mr. Anastasia should receive his fire certificate as long as he completes a new fire training course. The hearing examiner’s recommendation was to deny his application because he has not completed the fire course and he has these felony convictions. Mr. Davis asked if Mr. Cox or his attorney or Mr. Anastasia and his attorney were present. Mr. Barrera advised that he did not find anyone in the lobby. They were not present. Ms. Davis requested a motion to recess the meeting for the purpose of entering into quasi-judicial deliberations on the matter pursuant to Ohio Revised Code Chapter 119 and that are required to be kept confidential under R.C. 4765.102(B). The Committee will reconvene following deliberations.

ACTION: Motion to adjourn to Executive Session for the purpose of entering into quasi-judicial deliberations on these matters pursuant to Ohio Revised Code Chapter 119 and that are required to be kept confidential under R.C. 4765.102(B). Mr. Wright – First. Mr. Snyder– Second. None opposed. None – abstained. Motion approved.




ROLL CALL


ACTION In the matter of Fire Case Number 2015-442-F100, Patrick M. Anastasia, Reinstatement Applicant Number 67638, the Committee recommends to the Executive Director to confirm and approve the findings of fact and conclusions of law. However, the Committee recommends to reject the recommendation issued by the hearing examiner to issue Mr. Anastasia a fire certificate. The Committee finds that Mr. Anastasia was convicted of a felony of the first degree, Aggravated Arson; and three (3) felonies of the third degree, Arson. Additionally, the Committee finds that Mr. Anastasia failed to meet the requirements for reinstatement of a fire certificate. Mr. Anastasia violated Ohio Administrative Code Sections 4765-23-02(A)(4), 4765-20-08(F), and 4765-23-02(A)(1)(a). Therefore, the Committee recommends to the Executive Director to deny Mr. Anastasia’s reinstatement application for a fire certificate based on the egregious nature of the convictions. Mr. Snyder – First. Mr. Wright– Second. None Opposed. Motion approved.

ACTION In the matter of Fire Case Number 2015-383-F100, Brian C. Cox, Fire Certificate Number 158878, the Committee recommends to the Executive Director to table the case deliberation until the October 2016 meeting. Mr. Snyder – First. Mr. Wright– Second. None Opposed. Motion approved.

GOLDMAN PROCEEDINGS Mr. Davis, on behalf of the Firefighter and Fire Safety Inspector Training Committee called the proceeding to order at 2:33 p.m. on August 17, 2016 at the Ohio Department of Public Safety, 1970 West Broad Street, Columbus, Ohio 43223. Fire members of the Board present for these proceedings were: ROLL CALL


There were six adjudication proceedings. Executive Director Mel House is present. These proceedings were in the matter of:

Fire Case Number 2015-136-BF100, Jeffrey T. Young, Fire Certificate Number 22068

Fire Case Number 2015-538-F300, Nicholas S. Kehres, Fire Certificate Number 138641

Fire Case Number 2015-553-F100, Michael P. Whitecar, Fire Certificate Number 169332

Fire Case Number 2015-681-BF100, Shane M. Cochrane, Fire Certificate Number 3936

These proceedings were an affidavit-based adjudication relative to a Notice of Opportunity for Hearing mailed to the respondents in the aforementioned cases and believed to have been properly served according to the Administrative Procedures Act (Chapter 119, of the Ohio Revised Code).




As the respondents did not properly request a hearing in the cases, these proceedings will be held today pursuant to Goldman v. State Medical Board of Ohio. The individuals named do not have the ability to present written or oral testimony today, but may be present to hear the proceedings and outcome.

The Fire Board members were informed that they have already received the sworn affidavits from the EMS Investigators and accompanying exhibits for the Goldman Proceedings. The affidavits contain the evidence and testimony upon which you will deliberate. The Board members had the opportunity to review the affidavits and accompanying exhibits prior to the meeting and were offered the opportunity to review them again.

In lieu of a stenographic record being made, the minutes reflected that the original sworn affidavits and exhibits shall be kept as the official record of the proceedings in the aforementioned matters in the Office of the Division of EMS.

Mr. Davis recognized Assistant Attorney General Rico Barerra, for the purpose of providing a brief synopsis of each case and a recommendation for disciplinary action. Mr. Barrera presented a synopsis of the following cases:

Jeffrey T. Young was convicted of two counts of felony Robbery, both second-degree felonies. Mr. Young displayed a handgun along with a note demanding Xanax® and oxycodone. The recommendation is to permanently revoke Mr. Young’s certificate to practice.

Nicholas S. Kehres submitted a renewal application in June 2015 stating he had met all CE requirements. A random audit was conducted by the Division of EMS. Despite multiple attempts to contact Mr. Kehres the Division did not receive a response. The recommendation is to revoke his certification.

Michael P. Whitecar plead guilty on December 18, 2015 to one count of Unlawful Sexual Conduct with a Minor. The victim was 14 years old and Mr. Whitecar was 22 years old. During the investigation it was also discovered that Mr. Whitecar was convicted of Public indecency. None of these convictions were reported to the Division of EMS. The recommendation is permanent revocation.

Shane M. Cochrane was convicted in October 2015 of a Petty Theft, a first-degree misdemeanor. According to police reports, Mr. Cochrane was employed as the Treasurer of the Ohio Association of Emergency Medical Services, and while employed, stole $4,750.91. This conviction was not disclosed to the Division of EMS. The recommendation is to revoke his certification.

Having heard the synopsis and recommended disciplinary action for each case, Mr. Davis requested a motion to admit the sworn affidavits and the accompanying exhibits in the aforementioned cases into evidence.

ACTION: Motion to admit the sworn affidavit and accompanying exhibits in the aforementioned cases into evidence. Mr. Wright – First. Mr. Snyder – Second. No Abstentions. None opposed. Motion approved.

There being no further evidence, these proceedings were closed at 2:38 p.m. The procedural and jurisdictional matters having been satisfied, the proceedings continued by deliberation on the sworn affidavits and exhibits. A written copy of the executive director’s decision will be mailed to the respondents.




ACTION: Motion to adjourn to Executive Session for the purpose of entering into quasi-judicial deliberations on these matters pursuant to Ohio Revised Code Chapter 119 and that are required to be kept confidential under R.C. 4765.102(B). Mr. Wright – First. Mr. Snyder – Second. None opposed. None – abstained. Motion approved.

ROLL CALL


ACTION: In the matter of Fire Case Number 2015-136-BF100, Jeffrey T. Young, Fire Certificate

Number 22068, the Committee finds that Mr. Young was convicted of three (3) felonies of the second degree, Robbery, with specification, Robbery, without specification, and Robbery. Additionally, the Committee finds that Mr. Young failed to report his conviction(s) and supply documentation, as required. Mr. Young violated Ohio Administrative Code Sections 4765-23-02(A)(4), 4765-22-01(D), and 4765-23-02(A)(1)(a). Therefore, the Committee recommends to the Executive Director to permanently revoke Mr. Young’s fire certificates. Mr. Wright – First. Mr. Snyder – Second. None opposed. Motion approved.

ACTION: In the matter of Fire Case Number 2015-538-F300, Nicholas S. Kehres, Fire Certificate

Number 138641, the Committee finds that Mr. Kehres failed to complete and accurately document all continuing education requirements after attesting to the fact that he had satisfied the requirements; therefore not meeting the renewal requirements. Accordingly, Mr. Kehres violated Ohio Administrative Code Sections 4765-23-02(A)(2), 4765-22-01(C), 4765-20-07(A)(3), and 4765-20-13(A). Therefore the Committee recommends to the Executive Director to revoke Mr. Kehres’ firefighter certificate. Mr. Wright – First. Mr. Snyder – Second. None opposed. Motion approved.

ACTION: In the matter of Fire Case Number 2015-553-F100, Michael P. Whitecar, Fire Certificate

Number 169332, the Committee finds that Mr. Whitecar was convicted of a felony of the fourth degree, Unlawful Sexual Conduct with a Minor; and a fourth degree misdemeanor, Public Indecency/Exposure. The Committee concludes that this misdemeanor involves moral turpitude. Additionally, the Committee finds that Mr. Whitecar failed to report his conviction(s) and supply documentation, as required. Accordingly, Mr. Whitecar violated Ohio Administrative Code Sections 4765-23-02(A)(4), 4765-22-01(D), 4765-23-02(A)(1)(a), and 4765-23-02(A)(1)(c). Therefore the Committee recommends to the Executive Director to permanently revoke Mr. Whitecar’s firefighter certificate. Mr. Snyder – First. Mr. Wright – Second. None opposed. Motion approved.

ACTION: In the matter of Fire Case Number 2015-681-BF100, Shane M. Cochrane, Fire Certificate

Number 3936, the Committee finds that Mr. Cochrane was convicted of a first degree misdemeanor, Petty Theft. The Committee concludes that this misdemeanor involves moral turpitude. Additionally, the Committee finds that Mr. Cochrane failed to report his conviction(s) and supply documentation, as required. Accordingly, Mr. Cochrane violated Ohio Administrative Code Sections 4765-23-02(A)(4), 4765-22-01(D), and 4765-23-02(A)(1)(c). Therefore the Committee recommends to the Executive Director to revoke Mr. Cochrane’s firefighter certificate. Mr. Snyder – First. Mr. Wright – Second. None opposed. Motion approved.




AAG Barrera confirmed that the Report and Recommendation for Mr. Anastasia was read into the record correctly. Mr. Davis read the motion to confirm.

COMMITTEE REPORTS

Firefighter Committee Report, Doug Orahood The Pro-Board accreditation was approved. The Pro Board expressed that the Ohio EMS Course Administration System is innovative and is unlike anything they have seen nationally. DEMS staff also received high marks on the test validation process. Mr. Orahood reported that test validation continues to be held weekly and appreciates everyone who participates. The Ohio Fire Awards will be held on September 21, 2016 at 1:30 pm at the Ohio Fire Academy. EMS will present six awards. The Program Director Conference will be October 27, 2016 to be held at the ODOT Auditorium. A few of the sessions will be live fire training, NFPA 1403 and will have break-out sessions regarding test security and compromises and deception during testing. ED House reported that DEMS staff has been working on the fire rules and have been written to reflect the new changes. The fire rules will then be ready to be sent to JCARR.

FIRE INVESTIGATIONS, STAFF

Mr. Davis requested a motion to adjourn into Executive Session.

ACTION: Motion to adjourn to Executive Session for the purpose of discussing proposed disciplinary action against certificate holders pursuant to Ohio Revised Code Section 121.22(G)(1) or pursuant to 121.22(G)(5) that involve matters required to be kept confidential under Ohio Revised Code Section 149.43(A)(2) or 4765.102(B). Mr. Snyder – First. Mr. Wright– Second. None opposed. None – abstained. Motion approved.

Roll Call


ACTION: Motion to recommend to the Executive Director to accept the following Consent Agreements. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2016-20-BF100

2016-94-BF100

2016-143-F100

2016-146-BF100

2016-250-F100

2016-279-F100

2016-292-F300

2016-309-F100

2016-344-BF100

2016-390-F100




ACTION: Motion to recommend to the Executive Director to close the following cases; no jurisdiction. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2016-247-F100 2016-305-F500 2016-307-BF100

ACTION: Motion to recommend to the Executive Director to close the following cases; applications were deemed incomplete; re-open if re-apply. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2016-118-F100 2016-235-F100

ACTION: Motion to recommend to the Executive Director to close the following cases; accept surrendering of their respective certificates. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2016-281-F300

2016-284-F300

2016-285-F300

2016-321-F300

2016-322-F300

2016-323-F300

2016-325-F300

2016-334-F300

2016-347-F300

2016-348-F300

2016-373-F300

2016-375-F300

2016-376-F300

2016-383-F300

2016-388-F300

ACTION: Motion to recommend to the Executive Director to close the following cases; individuals have met the stipulations of their Consent Agreement. . Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2013-226-BF100

ACTION: Motion to recommend to the Executive Director to Issue Notices of Opportunity for Hearings for the following cases. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2013-243-F100

2015-331-BF100

2015-634-F100

2015-665-F100

2015-679-BF300

2016-10-F300

2016-86-F300

2016-91-BF100

2016-126-F300

2016-161-F300

2016-183-F100

2016-194-F300

2016-242-F100

2016-251-F300

2016-313-F300

ACTION: Motion to recommend to the Executive Director to close the following cases due to one of the following reasons: inadvertently marked yes to conviction questions, misdemeanor convictions that have previously been deemed “not involving moral turpitude”, local issues, and grandfathering issues of certification/conviction. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2015-36-F500

2015-97-F500

2015-303-F500

2016-26-F100

2016-138-BF100

2016-256-F100

2016-276-BF100

2016-328-BF100

2016-331-BF100

2016-343-BF100

2016-345-BF100

2016-349-BF100

2016-370-BF100

2016-397-BF100

2016-398-F100

2016-415-BF100

2015-36-F500

2015-97-F500

2015-303-F500

2016-26-F100

2016-138-BF100

2016-256-F100

2016-276-BF100

2016-328-BF100

2016-331-BF100

2016-343-BF100

2016-345-BF100

2016-349-BF100

2016-370-BF100

2016-397-BF100

2016-398-F100

2016-415-BF100

2015-36-F500

2015-97-F500

2015-303-F500

2016-26-F100

2016-138-BF100

2016-256-F100

2016-276-BF100

2016-328-BF100

2016-331-BF100

2016-343-BF100

2016-345-BF100

2016-349-BF100

2016-370-BF100

2016-397-BF100

2016-398-F100

2016-415-BF100

2015-36-F500

2015-97-F500

2015-303-F500

2016-26-F100

2016-138-BF100

2016-256-F100

2016-276-BF100

2016-328-BF100

2016-331-BF100

2016-343-BF100

2016-345-BF100

2016-349-BF100

2016-370-BF100

2016-397-BF100

2016-398-F100

2016-415-BF100




ACTION: Motion to recommend to the Executive Director to accept the following proposed Consent Agreements. Mr. Davis – First. Mr. Wright – Second. None opposed. Mr. Resanovich - abstained. Motion approved.

2012-404-F300

Old Business ~ None

New Business ~ None ADJOURNMENT

ACTION: Motion to adjourn. Mr. Snyder – First Mr. Wright - Second

The meeting adjourned at 3:04 p.m.









~Wednesday, October 19, 2016~


Roll Call


Open Forum

• Review and Approval of Consent Agenda, including the meeting minutes of August 17, 2016.


Committee Report


Report and Recommendation in the matter of Fire Case(s): o Fire Case Number 2015-383-F100, Brian C. Cox, Fire Certificate Number 158878 o Fire Case Number 2015-121-BF100, Alexzander K. Rosebrook, Fire Certificate Number 144921 o Fire Case Number 2015-192-BF100, Adam L. Siddle, Fire Certificate Number 132305

Fire Goldmans in the matter of Fire Case(s):

o Fire Case Number 2015-521-F500, Emergency Training Academy of Southern Ohio,

Fire Charter Number 414

o Fire Case Number 2015-398-F300, Michael J. Heekin, Fire Certificate Number 117055


o Executive Session for the purpose of discussing proposed disciplinary action against certificate

holders pursuant to Ohio Revised Code Section 121.22(G)(1) or pursuant to 121.22 (G)(5) that involve matters required to be kept confidential under Ohio Revised Code Section 149.43 (A)(2) or 4765.102(B).

Old Business

New Business

Adjournment

Documents

Firefighter & Fire Safety Inspector Training Committee Meeting · o Firefighter & Fire Safety Inspector Training Sub-Committee, Doug Orahood Report and Recommendation in the matter