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Council extends leave, orders second independent fit-for-duty evaluation for firefighter
Summary
After a public session at the employee'9s request, Dayton council extended firefighter Scott Shelby'9s leave for 90 days and directed a second independent fit-for-duty exam by a comparable provider, citing limits on what HR could disclose from medical records and concerns about process clarity.
The Dayton City Council voted to extend the paid-on-call firefighter Scott Shelby'9s leave for 90 days and to direct a second independent fit-for-duty evaluation after Shelby requested the earlier closed session be opened for public discussion.
Brenna (S20), the council'9s HR partner, told the meeting she had reviewed confidential medical documentation and concluded that the submitted fit-for-duty materials indicated limitations in Shelby'9s ability to work irregular, unscheduled shifts and to "work safely under stressful and emotionally charged situations," which are listed as essential functions for emergency responders. Because much of the underlying material is protected by HIPAA and state data-practices law, HR said it could not disclose details publicly.
Shelby (S19) addressed the council and said he had sought help and followed referrals to firefighter-support services. He said a first outside assessment required broader medical-record releases, which he found intrusive. "I did not have a choice," Shelby said about a request he said the examiner made to review past medical records; he added that he had provided some documentation but objected to an open-ended release.
Councillors expressed a mix of concern for safety and frustration at gaps in process documentation and timeliness. Several members, including Councilmember S10, urged that the city'9s response protect employees and follow an iterative ADA accommodation process. "These are a snapshot in time," S10 said of fit-for-duty reports and urged due process and a follow-up assessment.
After discussion, the council directed staff to arrange a second independent fit-for-duty exam using a provider the city has previously used for police fitness assessments (to ensure comparability) and to start that procurement immediately. The leave extension is intended to give Shelby time to complete the second review; the council said that a subsequent termination would only follow after the second independent report and appropriate opportunity for accommodations and administrative review.
Staff also committed to improving documentation and HR procedures around work-injury reporting and the accommodation process to reduce future confusion about referrals and medical confidentiality.
