Council refuses firefighter's resignation, grants 90‑day medical leave after privacy and process concerns

The Dayton City Council voted 5‑0 on Nov. 13 not to accept a firefighter’s brief resignation and to grant a 90‑day extension of medical leave while the city pursues additional review.

Council member Scott Salonic moved the action; the motion was seconded and carried unanimously. Council members said they were uneasy deciding on a resignation without fuller information and raised legal and process questions about whether the city followed personnel policy and disability‑law safeguards.

Council member Stephanie Henderson said the packet contained “virtually nothing” and that the council owes the employee a careful review before accepting any involuntary resignation. “When a firefighter seeks help, is cleared by a treating physician and we impose a resignation or termination, we should investigate whether the process was handled correctly,” Henderson said.

City staff told the council the employee had been on paid leave since July 2025. In an email summarized for council, staff said the fire department allows up to 90 days of unpaid medical leave; the city earlier extended leave to allow a fitness‑for‑duty assessment. Staff said the city had offered the employee the choice to resign or face termination if the employee could not return to active duty after the assessment.

Council members repeatedly raised HIPAA and privacy limits on what information the city can disclose in open session; several members said the limits left them uncomfortable making a final determination without HR‑led review. Council member Scott Salonic and others asked for an independent HR investigation or for the city’s outside HR firm (Abdo) to lead the next steps to determine whether the process, fitness‑for‑duty testing and disability accommodations were handled in line with law and policy.

Staff said that if the council authorized the 90‑day extension, HR and Abdo would spearhead follow‑up, including clarifying the employee’s status, any additional testing, and potential next steps at the end of the extension. City Administrator Zach Dow told the council he would follow up with HR and Abdo immediately and return with direction.

Outcome and next steps: The motion to decline the resignation and grant a 90‑day medical‑leave extension passed 5‑0. Staff will work with Abdo and HR to review the process and report back; the council reserved the right to revisit outcomes after the extension.