By Lucas Sullivan
The Columbus Dispatch
COLUMBUS, Ohio — Ten of Columbus’ 14 firefighters who carry city-issued guns are not certified by the state to do so. At the same time, public-safety officials are concerned that the Fire Division’s lack of a use-of-force policy is putting the city and taxpayers at risk.
Recently appointed Fire Chief Greg Paxton said yesterday that he was not aware that many of his firefighters who carry guns are not certified through the state attorney general’s Ohio Peace Officer Training Academy.
“I have been concerned about this from a liability standpoint for a long time,” he said. “I want to make sure our firefighters are performing their duties and protecting themselves and the public in the correct way.”
George Speaks, deputy director of public safety, said firefighters don’t have to have state certification. He cited a city ordinance that gives firefighters limited arrest powers in fire-related crimes.
Paxton took guns from two firefighters earlier this month after determining their job duties did not require them to carry weapons. Members of the arson-investigation and bomb-squad units are the only firefighters who carry weapons.
City officials said last week that the guns were taken out of service as the division updates a use-of-force policy. But yesterday, those same officials said the division never has had a written policy approved by the Public Safety Department.
Speaks said the Fire Division has a “verbal agreement” to follow the Police Division’s use-of-force policy.
“That is a policy,” he said.
Speaks said a committee is being formed to develop a policy for firefighters. Paxton said he wants it to mandate that firefighters have the highest level of weapons training available.
The Fire Division’s gun issue had not surfaced publicly until now, in part because a firefighter has never fired a weapon in the line of duty.
And it’s not unusual for firefighters to carry guns. Many departments across the state have arson-investigation units outfitted with guns and arrest powers.
What makes Columbus unusual is that not all of its firefighters with guns are state certified.
Firefighters who carry guns in Cleveland, Dayton and Cincinnati, and the state fire marshal’s 26 arson investigators, all have state certification, which requires a prescribed amount of training and passing a test.
And despite having authority to investigate and arrest only people suspected of fire-related crimes within city limits, many of Columbus’ 14 armed firefighters have worked with the U.S. Marshals Service to serve arrest warrants across the state.
Paxton said yesterday that he has indefinitely suspended that agreement with the marshals service while a policy is developed.
“That is outside the scope of their duties as firefighters and what they are supposed to be doing related to fire in
vestigations,” he said.
Dave Turk, spokesman for the U.S. Marshals Service, said his organization can deputize anyone it sees fit to carry out an operation. He said there are no issues with the firefighters not being state certified.
A spokesman for Attorney General Mike DeWine’s office declined to comment, saying the office does not offer legal opinions to the public.
Of the four Columbus firefighters who are state certified, three received their certification through the Madison County sheriff’s office and the other through the city’s police academy.
Some fire chiefs from across the state share Paxton’s concerns.
“All of our investigators receive their certification through the Montgomery County sheriff’s office and they must follow the sheriff’s use-of-force policy,” said Dayton Fire Chief Herbert Redden.
Jack Reall, president of the International Association of Fire Fighters Local 67, did not return a call for comment.
Columbus Assistant Chief Karry Ellis, who once supervised the arson unit, said fire investigators need guns because they track criminals and investigate crime scenes.
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