April 16, 2010

Richard Tapp was fired as chief of the Reidland-Farley Fire Protection District on Thursday after trustees found him guilty of inefficiency and violating the terms of his employment contract.

Tapp did not attend the administrative hearing that was held in a closed session. He’ll be notified of the action in a certified letter.

It took 46 minutes for David Kelly, the trustees’ attorney, to present evidence showing inefficiency because Tapp is unable or unwilling to perform his duties and because he is not working, he is violating the terms of his contract.

Trustees then deliberated for 12 minutes before returning to open session and finding him guilty of the charges and voting to fire him. The votes were unanimous. The hearing was closed because it involved a personnel matter.

Trustees declined to comment and referred questions to Kelly.

Tapp was hired in August 2002 as the only paid chief of a volunteer fire department in McCracken County. His salary was about $60,000.

Tapp has 30 days to appeal the decision to McCracken Circuit Court. However, Kelly said that’s unlikely because the appeal must be based on the record of the administrative hearing that includes only evidence backing up the charges.

“There’s been no evidence ever presented from Mr. Tapp that he could return to work, wanted to return to work or is medically able to come back to work,” Kelly said.

Tapp hasn’t worked or contacted trustees to report his status since Thanksgiving. In December, he was suspended without pay. The administrative charges were filed March 30, after an unpaid 90-day medical leave expired.

Trustees would not disclose his medical condition, but he told the Sun in an interview in November he was suffering from stress.

At the time of his suspension, questions also were being raised about his management of the department and about fire department finances, which are now being investigated by the Kentucky State Police. Allegations include that Tapp and another employee were paid twice for the same pay period and that Tapp and others were reimbursed for undocumented expenses.

After being suspended, Tapp moved to Tennessee and put his house in Reidland for sale.

Kelly said he received an email letter earlier in the day Thursday from Tapp’s wife, Becky. He said the letter didn’t ask that he be retained as chief, but outlined actions she claims took place in December to notify the trustees that he was suffering from an undisclosed illness and couldn’t work.

Since his suspension, Rick Archer, a volunteer, has been the acting chief.

David Humphrey, trustee chairman, said in an earlier interview that he didn’t believe the department needed a paid, full-time chief. He said the duties could be handled by a volunteer, as with most other volunteer departments. Humphrey also said that Archer had performed well as the acting unpaid chief and had implemented programs and training procedures that helped to unify and improve the department.

Trustees will meet in three weeks, when they are expected to appoint a new chief.