By William K. Alcorn

alcorn@vindy.com

YOUNGSTOWN

Attorneys for Cicero Davis, the fired director of environmental control for the city board of health, and Youngstown Law Director Martin Hume reached a resolution of Davis’ appeal of his termination before the Youngstown Civil Service Commission.

The start of the commission meeting, scheduled for 2 p.m. Thursday, was delayed 30 minutes while attorneys worked out the deal.

Neither Hume nor Davis’ attorneys, Michael A. Moses of Columbus and Timothy R. Piatt of North Canton, would comment on the proposed resolution.

During a five-minute session, the commission, headed by Atty. James Messenger, approved a motion that the commission meeting be rescheduled for June 20 at which time the resolution is expected to be put in writing and possibly approved.

No testimony or other evidence was presented to the commission at Thursday’s meeting.

In the appeal of his termination, filed May 2, Davis contended he did not violate his three-year “last-chance” agreement executed with the city April 9, 2013, and that the health department continued to permit him to perform the duties of his position for the past year despite the presumption he had committed acts that were grounds for the suspension of his sanitarian license.

Davis surrendered his license March 26 as part of an agreement reached during a hearing before the Ohio Sanitarian Registration Board in Columbus. As part of the agreement, Davis admitted incompetence, unprofessional conduct and dereliction of duty, but not allegations that he forged inspection reports.

Under the last-chance agreement, Davis’ attorneys said disciplinary allegations, including charges of submission of false inspection reports, were resolved. Under the agreement, Davis waived all appeals of disciplinary action for the purported misconduct.

As a result, the May 2 appeal said the agreement precludes further administration action against Davis.

In addition, Davis’ appeal said he was unlawfully fired by Erin Bishop, acting health commissioner, April 17. The health board is the appointing authority, not the commissioner, and her action should be reversed, the lawyers claim.

At its May 5 meeting, however, the board fired Davis and approved a severance package of unused sick and vacation days for him totaling $24,063.