Middleburgh Village board members agreed last week to uphold their suspension of Fire Chief Brian Devlin and will meet with him next month about his arrest in July on drunken driving charges.
Board members, in a 3-2 vote, agreed to sustain Mr. Devlin's suspension until December 15 because of an alleged fight at the fire house after the Fall Festival parade on October 8.
"This decision was not based on an anonymous letter, but on investigation and consultation with the village attorney," read a certified letter that was sent to Mr. Devlin last Tuesday.
The letter also asked him to attend a special closed-door meeting on Monday, December 12 to discuss his arrest on July 16 on charges of driving while intoxicated.
Earlier this month village board members voted to suspend Mr. Devlin but the long-time Chief appealed the suspension.
Board members met with Mr. Devlin in executive session last Monday but none of the members changed their vote from earlier in the month.
Trustees Tom Gruning, Matthew Avitabile and Butch Ingraham voted to uphold the suspension and Mayor Bill Ansel-McCabe and Trustee Gerald Bowman voted against it.
"Physical violence is not acceptable," said Dr. Gruning on Monday.
"For an official of the village to be engaged in a fistfight on village property during a village celebration is a liability for the village and unacceptable."
Mr. Ingraham said the suspension was not because of the anonymous letter that detailed the fight and Mr. Devlin's alleged involvement.
"The letter had nothing to do with it," Mr. Ingraham said. "We already knew everything that happened before that."
Village officials had already heard about the fight that was reportedly witnessed by several people, he said.
"It reflects on the leadership of the position," he said.
"He represents the fire department and the leadership."
After reviewing the details of the incident, Mayor Ansel-McCabe had a different take on the fight.
"It appears to me that Brian was antagonized and struck first and defended himself," he said.
When people intervened, the fight may have appeared bigger than it really was, Mayor Ansel-McCabe said.
Mr. Devlin declined comment on the issue on Monday.
Both Mr. Ingraham and Dr. Gruning said the DWI arrest was not taken into account for the suspension.
Mayor Ansel-McCabe said board members heard rumors of the arrest shortly after it happened but were not officially informed until about a month ago.
"We can't react on rumors," he said.
Mayor Ansel-McCabe said Mr. Devlin is innocent until proven guilty and any further action could be limited to the driving of a fire department vehicle.
According to documents from Middleburgh town court and the Schoharie County District Attorney's office, Mr. Devlin, 41, was arrested on DWI charges after being stopped by the State Police.
The documents stated troopers stopped Mr. Devlin when he was driving southbound at 89 miles per hour in a 55 zone in a 2004 Dodge on Route 30 in the Town of Middleburgh at 2:08am on July 16.
A breath test showed that Mr. Devlin blood alcohol content was .16 percent, twice the legal limit, the documents stated.
Mr. Devlin was also charged with speeding.
Board members are slated to meet in executive session on December 12 at 6:30 to discuss Mr. Devlin's "and some other issues," according to the letter sent to Mr. Devlin.