Ex-Kalamazoo Township, MI, Fire Chief Loses Termination Appeal

KALAMAZOO TOWNSHIP, MI — Kalamazoo Township Fire Chief David Obreiter was fired in 2022.

He sued the township and several officials, alleging their presumptions and undue influence lead to his termination.

U.S. District Court Judge Robert Jonker ruled against Obreiter on April 2, closing the case.

Rather than suing for monetary relief, Obreiter wanted the court to deny the township’s request to decide the case without a full trial.

“His termination was a grave injustice based on completely false and reputationally damaging reasons,” Obreiter’s lawyer David Kotwicki said in a statement.

In the 2023 suit, Obreiter claimed he was “subjected to a hostile and abusive interrogation and deprived of crucial evidence required to defend himself.

“We respectfully disagree with the court’s ruling and are reviewing options for appeal,” Kotwicki said.

Obreiter and Battalion Chief Matt Mulac were terminated for violating the township’s harassment policy following allegations brought forward by a female employee.

The Hispanic female township firefighter accused a male firefighter of sexual and racial harassment between 2019 and 2021.

The allegations included physical assault by a male employee, now terminated, who was said to have slapped her in the face with his gloves, according to a statement made by the victim in the case.

He also demanded she stop speaking Spanish with another township employee, per court documents.

Township officials alleged Obreiter knew about and failed to investigate a 2019 workplace harassment complaint filed by the then-18-year-old victim.

Obreiter claims he and Mulac spent 20 hours investigating that incident, court documents state. But there are no witness statements, notes or interviews from the 2019 investigation.

A one-page memo of response to the victim claimed that “at no time during the investigation were any instances of discrimination against an employee because of anyone’s race, color, religion, sex, national origin, age, disability or genetic information discovered,” per court documents.

The offending firefighter received a notice, added to his personnel file, as discipline, the township alleges.

Obreiter was not aware of several subsequent allegations detailed in a 12-page complaint later referenced by an investigator, per his suit.

Then-Township Manager Dexter Mitchell and an investigator retained by the township didn’t allow Obreiter to see that document despite his repeated requests, he alleged.

It was provided at the request of his attorney in July 2022, three months before he was fired, per the township.

Mitchell, along with a township attorney, were intrinsically involved in the investigation, per the suit. Obreiter alleges Mitchell lead the investigation with the intent of firing him.

Mitchell allegedly exerted influence over the process by selecting the investigator and conducting examinations.

Mitchell carried out the investigation that Obreiter didn’t, court documents state. An investigator was brought on and every witness identified by the victim was interviewed.

The investigation resulted in a 57-page report.

Mitchell has since been fired for recording a closed session meeting between the township board and attorney in March 2023.

Obreiter’s suit alleges Mitchell engaged in that criminal conduct fearing his decision to fire the chief may be challenged.

Mitchell’s lawyer could not be reached for comment.

The suit also took aim at the Board of Trustees and Trustee Ashley Glass.

Feeling that fire department officials had not done enough to protect her, the female firefighter turned to the board, MLive reported previously.

Glass began interacting with the victim in 2022, per court documents, initially meeting with her and Mitchell to discuss the issue at a coffee shop.

The day of the public hearing, Glass encouraged members of the public to attend in a Facebook post, stating she was “disappointed in the poor choices by the two chiefs.”

Other township board members were kept unaware of the situation, per testimony from former Trustee Steve Leuty.

Obreiter also claims he was denied due process in the form of a hearing prior to his termination, his suit alleged.

He was granted a pre-determination hearing on Aug. 11, 2022, per court documents, where he and his attorney responded to the allegations in detail.

Mitchell ultimately decided to terminate Obreiter about a month later, per court documents. Only the board has the power to make that decision, the suit alleges.

Obreiter was also granted a three-hour public hearing in December 2022, in which he argued for reinstatement in front of the township board and members of the public.

Regardless, the township argued that Obreiter had no right to due process before his termination as an at-will employee.

The township is pleased with the court’s decision, Superintendent Tracie Moored said in a statement.

“The township’s new leadership is focused on moving forward and remains committed to fostering a positive, collaborative, and accountable environment, one that fully supports our employees, strengthens public trust and ensures exceptional service for our residents,” Moored said. “We look forward to continuing the important work ahead.”

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