Flagler Beach City Manager Says Firing of Fire Chief Was Not Disciplinary Or Result of Any Violations

Former Flagler Beach Fire Chief Stephen Cox did not break any laws, did not violate any city or Fire Department policies, and in City Manager Dale Martin’s evaluation was found to exceed expectations in a September evaluation. But a “loss in confidence” among staff led to his firing, Martin said in a press conference from the main hangar of the Fire Department this afternoon. 

Martin reached that conclusion from a letter signed by seven current and former members of the 12-member Fire Department, and after interviewing all department staffers but one in what amounted to an oral inquiry. There was no written inquiry. Martin said he consulted with City Attorney Drew Smith about the letter he issued to Cox, firing him, and considers due process to have been followed.

Put another way, the chief was not fired for cause. 

“There was no disciplinary action,” Martin said. “This was not a disciplinary termination. Chief Cox did nothing that violated our personnel policies or anything like that. So that’s why, in that original letter, he was offered a chance to have a name clearing hearing that was recommended by the city attorney.” Cox has not contacted the manager since his firing.  He was offered the opportunity to resign rather than be terminated, and to have a severance package. “He rejected that,” Martin said. 

Cox was fired Monday morning, barely a year into his tenure as chief and less than two weeks after a report here about five resignations that had roiled the department, including those of Deputy Fire Chief Jennifer Fiveash and Lt. Morgan Rainey, and social media posts that circulated the resignation letters and made various undocumented claims about Cox’s conduct as chief. He had been a member of the department for 16 years. His history there had no documented hints of the sort of complaints that led to the no-confidence letter, suggesting that he had been an excellent employee but had somehow faltered at the top. 

“Sadly, as much as we loved Chief Cox, not everybody is cut out to be a leader,” Flagler Beach Mayor Patti King said. She had stood near Martin but had not participated in the press conference. She said she was there to support the Fire Department. 

Fiveash has agreed to return to be the interim chief as the permanent position is advertised. Rainey has also agreed to return on an interim basis. Rainey happened to be the acting chief today, since Fiveash was absent. It does not appear–at least for the moment–that either is interested in the top jobs. Asked if Fiveash and Rainey were contenders for chief and deputy chief, Martin said: “Both of them have indicated only a short term interest in the transitional role, unless they suggest or offer a change of mind. But what they have directly told me was neither one of them are interested in long term positions returning to the fire department.”

The department’s vacancies are being filled for now through mutual aid arrangements with the Flagler County and Palm Coast fire departments. “We are only able to continue because of the assistance of Flagler County at this point in time, and I appreciate that very much,” Martin said. Flagler County Fire Rescue Chief Michael Tucker confirmed it this afternoon. Palm Coast Fire Chief Kyle Berryhill said the city offered help, “but to this point we haven’t been requested.” But a join agreement is in place enabling the lending of various aid, from personnel to apparatus. 

All along, Fagler County Fire Rescue continues to maintain one of its ambulances in the Flagler Beach Fire Department, providing advanced life support, while Flagler Beach firefighters also provide basic life support on medical runs. Medical runs are the overwhelming majority of calls to all local fire departments. 

Martin said that Fiveash had been planning to resign already, “but her resignation letter was a little bit unexpected with the tone and the issues that she raised,” he said. “That was the first time it hit my desk. So once I got that then, followed by the other resignations and the subsequent interviews it all basically unfolded over the last two or three weeks.”

Employees cited “neglect of duty in key responsibilities,” “lack of transparency and accountability in financial decision-making,” failures of accountability, trust and transparency and “breach of ethical standards.” But the no-confidence letter at no point provided specifics. Nor did Martin do so in the press conference, leaving unanswered any attempt to nail down more precise examples that may have justified the firing. Informally, staffers who spoke to Martin have complained of Cox not leading by example or not being present at the front of the line. 

Cox did not respond to a text on Monday, nor did he respond to a text today. 

“I think Stephen Cox did represent the city well, and it just came down to, again, the crisis and confidence among the entire Fire Department,” Martin said. “And that led to the loss of confidence in my mind.”

The turmoil provoked social media chatter about consolidating the Fire Department with Flagler County–a recurring issue that Flagler Beach officials rejected in 2010, and again in 2013, repeatedly. 

“I will speak solely as a city manager and not on behalf of City Commission, but I do not support consolidation of either the City Police Department or the City Fire Department with Palm Coast or Flagler or Flagler County,” Martin said. “Once you go down that path if we merge with Flagler County, and we get rid of all of our equipment, we are at their mercy for what they decide they want to charge us for future years.” 

Martin will, however, be proposing raises for department personnel, low pay being another issue several firefighters have complained about. There would be at least a 5 percent cost of living raise, “but I believe that that’s all going to be under review, because I think our firefighters, based upon some of the data that we looked at, are underpaid,” Martin said. 

Never at a loss for marketing his city, Martin invited the dozen or so reporters and media crew members who turned up for the news conference to sample the city’s restaurants as long as they were there. “Although I know a lot of you have 4 o’clock deadline,” he said.