Closure for city and fireman

After the Winter Park Civil Service Board upheld the fire department's firing of Randall Mells, a 16-year veteran with the fire department, Mells shook the hand of Jim White, his former boss.

Mells said he appreciated the opportunity to work for the Winter Park Fire Department and that he was moving on. It was, as White described it, a moment of closure.

"We ended the hearing with a handshake," White, Winter Park's fire chief, recalled the interaction a few days later. "He shook my hand and told me he appreciated the opportunity to work for us and that he was moving on. I got a sense of closure from him at the hearing."

The Civil Service Board voted 6-1 Tuesday to uphold the fire department's firing. Mells did not return calls seeking comment before press deadline.

On Oct. 15, 2009, Winter Park Fire Marshall Randall Mells was at home sick with the flu when he got a page about a fire on South Orlando Avenue. Mells went to his truck, grabbed his radio, and put it on his bedside table, listening to the discourse.

Mells heard the on-scene incident commander decide the fire was suspicious, calling for the State Fire Marshall's Office to come and investigate. That decision would usually be made by someone in Mells' department.

So Mells called off the state fire inspectors, an action the fire department decided was a subversive attempt to countermand the decision of an on-scene commander. Mells was fired for "malfeasance" and "conduct to the prejudice of good order and discipline."

"I just thought that was something I couldn't allow to be tolerated," White said. "I have to respect the decision of the on-scene incident commander. I can't allow people to make decisions like that that aren't even on scene."

The city's fire union sided with Mells, helping him appeal the firing at the hearing. Dave Devreaux, the union's president, said he didn't want to comment on the hearing because it was a done deal.

"No comment," Devreaux said. "The union is still pursuing its side. That's all I can say about that."

Ron Ryan, the fire department's representative on the Civil Service Board, was the only vote to reinstate Mells to his old position. Ryan said there were some creative attempts to resolve the situation discussed at the hearing, including reinstating Mells if he would immediately resign.

Ryan said they also discussed having Mells suspended and demoted as opposed to fired. But the attorneys said the only options were to agree with the department or to disagree.

"I thought it was unfortunate he lost his job," Ryan said. "He made a mistake, and I hate to see him get fired. He was a 16-year employee and a good employee, and it seemed like he only made one bad mistake. I'm only one vote."

Mells was able to keep his pension, and he was paid out for his accrued vacation and sick time when he was fired. The hearing was the end of the appeal's process with the city, but Mells could decide to take his case to court.

The November firing was the culmination of years of rocky relationships with the department, White said.

"I would say it was strained," White said about Mells' relationship with the upper echelons of the fire department. "There were some people that night that weren't surprised at his action, and there were some that were surprised."