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Iowa firefighters fired over sexual misconduct, HIPAA violations

Public documents from the investigation of Ottumwa firefighters and a captain show policy violations, leadership failures

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By Chad Drury
Ottumwa Courier

OTTUMWA, Iowa — A recently completed investigation into three members of the Ottumwa Fire Department revealed multiple violations of department rules, but most notably, sexual misconduct and HIPAA violations spelled out in newly released public documents.

On Monday, the City of Ottumwa announced it had parted ways with firefighters Derek Fye, Dillon McPherson and captain Bill Keith following a two-month investigation. Fye and Keith were terminated, effective immediately, and McPherson resigned in lieu of termination.

The two firefighters had been placed on paid administrative leave while the investigation took place.

The Courier filed a public records request with the city for the reasons and rationale for its dismissal of the three department employees, outside of the city’s press release making the announcement. On Thursday, the city provided the requested records.

According to the letters obtained by The Courier, the city’s investigation determined that Fye and McPherson both engaged in sexual activity while on duty, a violation of Article 8 of the department’s standard operating guidelines.

They also violated a section of the “communications with the public” part of the standard operating guidelines, which states: “Members shall not divulge to any member of the public, to include friends and family members, any information in regards to patient illnesses or injuries, patient condition medical history — past or present — or any other circumstances surrounding emergency responses to medical emergencies.”

The review determined that firefighters also violated rules for allowing unauthorized persons to ride in fire vehicles that aren’t for departmental business, fighting and horseplay disruptive to other employees, and not reporting unprofessional conduct by another employee to an immediate supervisor without delay.

Keith was fired for “failing to adequately lead those under your command and further displaying an attitude of indifference toward holding employees accountable to the values and standards of the department and the City of Ottumwa,” which was mentioned in the city’s initial press release on Monday.

However, the termination letter went further, stating Keith allowed unauthorized persons to ride in fire vehicles, violated patient privacy and didn’t report information of unprofessional conduct by another employee to an immediate supervisor without delay.

Because Fye and Keith were fired, under Iowa law they may request a hearing before the civil service commission to review the city’s decision. They will receive their last paycheck Aug. 18.

There were not settlement or separation agreements for the three, according to city officials.

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