The city fired Mosby on
Mosby was assigned male at birth and has transitioned and identifies as a female, her attorney said. She came out to fellow employees in late 2017 and informed her supervisors in early 2018 of her transition and gender identity.
"The reasons the city has cited for its termination of
Under Mosby's leadership, the city's
The letter, which was provided to
In its termination of Mosby, the city outlined three reasons for alleged lack of performance, including failing to maintain fire investigator certification required in the city's job description for fire chief. A copy of the job description shows that the fire investigator certification is required.
However, Barton said in a telephone interview that Mosby mistakenly included the fire investigation certification when she drafted the job description herself based on models for other city fire chief positions and that she repeatedly had asked to have the job description revised.
But Chidester said that he's not aware of Mosby having tried to have the job description changed, and that Mosby attended the arson investigation class twice at the city's expense, but failed to followup with outside work that was required to obtain the certification.
Mosby was also terminated because she allegedly failed to release new and renewal business licenses for approval in a timely manner, causing undue delays in customers' requests, according to a letter terminating her employment.
Barton said a change in software coupled with inadequate staffing and missed work by Mosby due to rehabilitation therapy following an accident resulted in the delays.
However, Chidester said that it was his understanding that the fire inspectors entered the required data in a hand-held tablet that was downloaded at the fire station and that Mosby only had to review the information, sign off on it and send it to
Mosby was also fired for allegedly only attending five of 21 classes offered at the
Barton said that was not accurate. Chidester said the city only has record of Mosby attending a handful of classes, and that it was Mosby's responsibility to have each class instructor sign off on her attendance.
Mosby is expected to file a charge of discrimination with the
Mosby would have been entitled to appeal her termination last year, but she and all city department heads lost the right to appeal any disciplinary action, including termination, when council members revised the city's personnel policy in January, Barton said.
Chidester said the city worked with the
Chidester said he's satisfied that the action taken against Mosby was in the city's best interest. But he declined to comment on his position on whether to reinstate Mosby. Chidester said that is an issue that should be first discussed with fellow council members.
"We hope the city makes this right," Barton said. "I think their liability here is clear and going to be proven. But
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