BUCYRUS – The city of Bucyrus has offered its fire chief Jay Keller a “last-chance agreement,” addressing an alleged incident that took place earlier this fall while the longtime firefighter was on disciplinary probation for a July incident.

The letter, which was hand-delivered Friday, Nov. 10, notifies Keller of a 10-day suspension. It’s scheduled to run this month while he is on medical leave.

The letter alleges that on Sept. 13, the fire chief secretly recorded a pre-labor negotiation meeting, “clearly protected by the attorney-client privilege.”  

The agreement allows Keller 10 days to appeal the ruling by written notice to the Bucyrus Civil Service Commission.

“We have decided we are not going to sign the last-chance agreement as drafted,” said Keller’s attorney Adam Stone. “It is asking us to waive our right to appeal to the Civil Service Commission.”

At that time, the attorney said, the parties were “still negotiating.” 

If Keller doesn’t sign the agreement, Stone fears the chief will lose his job. 

“We kind of feel like we have our backs up against the wall,” Stone said. 

Keller and his attorney addressed the September incident in an October press conference. Stone said, nothing was done “maliciously,” and Keller was not aware he was forbidden from recording the meeting. Keller did record it so he could “go back and remember what was said,” the attorney said.

According to the letter from the city, Keller also mentioned these reasons in a pre-disciplinary conference on Oct. 26, which was initially scheduled for Oct. 11 but moved to a later date at Keller’s request.

The letter says the chief’s statements “lack any credibility.”

Keller, who has been with the Bucyrus Fire Department for nearly 30 years, believes this second allegation within a few months is building a case for termination. Prior to July, he had no marks on his record.

“Let’s call this like this is … we know where this is headed,” Stone said in October. “A man goes 29 years without a single disciplinary mark on his record and now we’re sitting here, and we’re looking at his second in three months, maybe.”

In July, Keller voluntarily entered a disciplinary agreement with the city of Bucyrus after he met with city officials to address allegations of inappropriate behavior, including the use of racial slurs.

Keller denies this, but he agreed to a probation, effective through his medical leave and a period of six months after returning to active duty. He also promised to undergo an executive coaching development evaluation and assessment.

Stone says his client took the punishment, notably the training, as an opportunity to be a better chief.

Keller has been on leave since undergoing back surgery. Though temporarily unable to return to his duties as chief, Keller is confident he will make a full recovery and be able to return.