His attorney wrote the standard for the “walk-up” exercise is a maximum three floors, but there were four floors where he had to take his test at the Butler Tech Public Safety Complex, and there was a 35-foot ladder instead of the required 28 feet.
“The ability test administered by the defendant caused a significant adverse effect on individuals over the age of 40,” his attorney wrote, adding her client suffered a shoulder separation during the test that has led to a disability.
The new battalion chiefs, Chad Canupp, Jason Knollman and Rob Morton, each earn $91,639.
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“Individuals who were substantially younger than plaintiff and who did not have a record of disability or were not perceived as disabled and/or were not suffering from a qualified disability were appointed to the open positions of battalion chief,” Erin Probst wrote.
Mason sought compensatory and punitive damages for “emotional and physical distress, suffering, inconvenience, mental anguish, loss of enjoyment of life, lost wages and income and other benefits.”
Liberty Twp. Trustee Tom Farrell said he cannot discuss personnel matters but said the lawsuit was completely merit-less.
“The lawsuit had absolutely no basis or credibility,” Farrell said. “The insurance company and the lawyers recommended that we settle because it would be a lot cheaper than going to court and fighting it, because we know that we had absolutely no liability and the lawsuit had no credibility.”
Probst could not be reached for comment. The settlement agreement prohibits Mason from “disparaging” the township.
When Fire Chief Ethan Klussman took over the department in 2017, he moved to increase his command staff in the growing community. He added a battalion chief position for each shift and hired Assistant Fire Chief Dave Greve in June.
“Right now our officers that run the fire apparatus, they are that command structure but they are working command,” he said. “So they could be in the house fighting the fire and trying to organize what everybody outside is doing, even though they don’t get to see that. This battalion chief stays outside, they run the operation and direct people where to go, kind of like an orchestra director.”
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