Good

afternoon, everyone.

I'd like to call this special meeting of the Evansville Fire Merit Commission for the discipline hearing for EMS Supervisor Douglas Randall to order.

I'm gonna go ahead and begin by calling the role.

Absent.

Secretary Fetcher present.

Uh

Commissioner Vick?

Here.

Commissioner Ferguson?

Here.

Commissioner Lehman.

I'm glad to report that we have a quorum and we may begin with business.

Council Havill, I understand that we have a pre-trial uh pre-hearing conference.

Yes, a report.

A copy of the pre-hearing conference report

that both councils have

signed off on it, which just kind of governs the

manner

in the process of hearing.

We are, thank

you.

Beginning as an EMS educator for the St.

Louis Fire Department to Chief of EMS for the Plainfield Fire Department.

His resume stood out as one of the stronger applicants for to fill the position of EMS supervisor, and we were glad to embrace him as one of ours.

One, the unwelcome conduct must be tied to race, color, religion, or sex.

Two, the employee must subjectively perceive the conduct as unwanted, offensive, or abusive.

Three, the behavior must be severe or pervasive, with severe being defined as extreme and pervasive being described as repeated frequently.

And four, a reasonable per reasonable person in the employee's position must also find the environment to be intimidating, hostile, or abusive.

Furthermore, Title VII states that once employers know or should have known about unlawful harassment, they must take immediate and appropriate corrective actions or be held liable for the consequences themselves.

The

Indiana Civil Rights Commission states that harassment is any unwelcome verbal, written, or physical conduct that shows hostility or aversion towards a person based on race, color, religion, or sex.

The

City of Evansville Policy Manual was issued as required reading to Mr.

Randall during his onboarding process.

He failed to acknowledge this assignment.

The

City of Evansville Policy Manual reads, it has a strict policy against all types of workplace harassment, including sexual harassment and other forms of workplace harassment based on an individual's age, race, color, origin, ancestry, religion, sex, sexual orientation, pregnancy, physical or mental disability, genetic information, veteran status, uninformed service member status, or any other status protected by federal, state, or local laws.

It goes on to read any form of unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature will be considered harassment and will result in disciplinary action up to and including termination of employment.

The

Evansville Fire Department policies were issued to Mr.

Randall on December 12th, 2025, and he acknowledged his receipt and understanding of those on February 24th of 2026.

Evansville Fire Department Policy 103, authority to dis to discipline states that harassment, discrimination, or sexual harassment will not be tolerated.

Policy 217, the sexual harassment policy states the department prohibits all forms of discrimination or discriminatory harassment, including sexual harassment.

Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature when such conduct has the purpose or effect of substantially interfering with the member's work performance or creating an intimidating, hostile, or offensive work environment.

These distinctions are very important, and case law also supports this stance.

In Mince versus High, the Maryland Court of Appeals in 2020, a sheriff's captain made a call to an on-duty subordinate.

He used sexually explicit language and called her sexy.

His firing was affirmed, and the court went on to further say that this is not necessarily a Title VII controlled.

It is tit or Title VII precedent.

This is an internal disciplinary matter.

In Priestor versus the Board of Appeals of Baltimore County, the Maryland Appellate Courts in 2017 found that fire captain that harassed a female subordinate with comments, gestures, and touching.

His firing was also affirmed, and the court said that he abused his status as a supervisor.

In Garrison versus the City of Columbus, the Ohio 10th District Court in 2026, a firefighter made comments about a female coworker's appearance and personal life, plus a separate offensive remark.

His firing was also affirmed, partly because of a prior disciplinary matter.

Federal law, state law, city policy, and department policy.

These are four levels of rule intended to protect employees.

And my job as fire chief is very simple, and that is to protect and support all of our employees, to provide them with meaningful work free from bigotry, harassment, and favoritism.

To allow these incidents to go unpunished is to show favoritism towards one while turning a cheek to the others.

Even worse, this commentary, innuendo, and level of discomfort came from one of the few our employees are supposed to be able to confide in for guidance, help, and leadership.