Lexington council votes down suspension of Lexington firefighter charged with DUI
In a rare move, the Lexington council voted 11-4 against approving a 48-hour suspension of a Lexington firefighter who pleaded guilty earlier this year to driving under the influence.
In May, Lexington Firefighter Justin May pleaded guilty to DUI and endangering the welfare of a minor in Garrard County. According to a police citation, May was stopped for speeding at around 9:12 p.m. on May 2 in Lancaster. The officer noticed the smell of alcohol on May’s breath. May had bloodshot eyes and could not count backwards or say the alphabet from D to Q, according to court records.
May also had a minor child with him at the time of the arrest.
May told officers that he knew he had made a mistake and should not have been driving, according to court records. May was initially charged with driving under the influence, wanton endangerment, speeding and failure to produce an insurance card. His blood alcohol level was .179, twice the legal limit of .08.
He pleaded guilty to the DUI and endangering the welfare of a child. The remaining charges were dismissed. His driver’s license was suspended for 30 days and he had to pay fines and court costs, according to court records.
Lexington Fire Chief Kristin Chilton told the Lexington-Fayette Urban County Council during Thursday’s council meeting May had agreed to a 48-hour suspension after pleading guilty in May.
But the majority of the 15-member council balked at the two, 24-hour shift suspension without pay.
Vice Mayor Kay was one of the eleven council members who voted against the 48-hour suspension. Kay said he can’t talk about why he voted against the suspension.
“We have been advised that we cannot comment on this because it is still pending before the council,” Kay said.
Mayor Linda Gorton said during Thursday’s meeting the disciplinary matter now goes back to Chilton and the fire department.
Chilton will have 45 days to decide on a new level of discipline and meet with May, said Susan Straub, a spokeswoman for the city.
“If the employee accepts that new discipline, it would go to council for approval. If the employee does not accept the discipline, then the union has the option to file a grievance. If the union elects not to file a grievance, then the case will go back to the council for a hearing,” Straub said.
Lexington Firefighters Union IAFF Local 526 President Kevin Pletzke said the union is consulting with its lawyer to determine what happens next. Pletzke said since the collective bargaining agreement was approved in 2005, this is one of the first times a disciplinary action has been turned down by the council, he said.
“It’s doesn’t lay it out in the law on what happens now,” Pletzke said.
The union represents firefighters during the disciplinary process. Part of that process includes making sure that punishments are fair and just. That means one firefighter can not be punished more severely for the same violation as another firefighter.
All firefighter disciplinary actions must be approved by the council.
Those who voted in favor of the 48-hour suspension: Angela Evans, Preston Worley, Josh McCurn and Chuck Ellinger Jr. Those who voted against: Kay, Jack Gibbs, Jennifer Reynolds, Susan Lamb, Amanda Bledsoe, James Brown, Kathy Plomin, Jennifer Mossotti, Bill Farmer Jr., Fred Brown, Richard Moloney.
This story was originally published October 25, 2019 at 2:08 PM.
