MIDDLETOWN, Ohio — Middletown City Council unanimously approved a voluntary separation agreement Tuesday night between police chief David Birk and the city, ending a nearly three-month paid administrative leave of the longtime officer with no reason given as to why.
The agreement and vote was part of the consent agenda lumped together with other issues without discussion.
An approved statement was released by city personnel after the vote.
It stated the agreement is to “amicably end the chief’s employment relationship.”
Because Birk had been on paid administrative leave since December, “it should be noted that the city has not found the chief guilty of any wrongdoing, and he is not being asked or forced to resign from his position,” the statement reads. “Chief Birk’s resignation will be effective at the end of 2024, in order to allow the city to efficiently transition Police Division leadership to a yet to be named successor. Chief Birk has agreed to make himself available for the remainder of the year, to assist the city in this transition.”
The statement continued, “Chief Birk, for his part, is grateful for the opportunity to have served the Middletown community for more than a quarter of a century. He voluntarily leaves the city’s service with many cherished memories and relationships that he will carry with him in the years to come.”
The five-page agreement was included in the council’s workbook for the meeting and shed new details on the deal, first reported by the Journal-News on Monday.
Birk’s attorney Steve Imm was critical of the initial allegations against Birk, who spent 26 years with the department, and Imm called them unsubstantiated and misguided.
“As is widely known, Chief David Birk was placed on leave in December. This was the result of unsubstantiated and misguided allegations, of which the chief was not in any way guilty or responsible,” Imm said. “There was no allegation, or even hint of an allegation of any kind of financial or sexual impropriety,” Imm said. “The chief voluntarily leaves the service of the city of Middletown with his head held high, and with his record completely clean.”
Birk signed the agreement Feb. 22.
Middletown resident Joyce Kendrick said she doesn't understand why the city isn't being transparent about what happened.
"They’re saying it’s not criminal, and it’s not disciplinary. Why else do you suspend the chief of police?" she said. "We deserve these answers and we just don’t have any. We’re in the dark."
Joe Garchow has lived in the Middletown area for 17 years. He said a lot of people are upset the city isn't being transparent.
"You’re taking our city taxpayer money to pay for this salary and we have no idea what’s going on," he said. "It blows me away that there hasn’t been some sort of indication as to why this is going on."
On Dec. 20, Birk was placed on paid administrative leave “until further notice” by City Manager Paul Lolli.
"Birk and council, along with its employees and agents, specifically and unequivocally deny any wrongdoing, and the parties further state that there has been no determination of wrongdoing made by any of the parties," the separation agreement says.
The separation agreement does not explain why Birk was placed on leave, and city officials have refused to talk about it.
Instead, the deal sets rules to prevent either side from saying anything disparaging about the other.
Birk will receive his regular salary and benefits through Dec. 31, 2024, when his resignation for retirement purposes will take effect.
Until then, Birk will be considered a consultant.
“He shall be reasonably available for assignment for Police Division projects and consultation of the city manager,” the agreement says.
If Birk obtains full-time employment elsewhere prior to Dec. 31, the city will pay him a lump sum equal to his regular salary through the end of the year.
The city also will pay out accrued holiday, sick time and paid time off, plus 50 additional hours of accrued sick leave.
"Now, the city is going to be paying him to the end of the year, full benefits, full pay until the end of the year, and we still have to hire somebody else," Garchow said.
The payments, the agreement says, “are in lieu of any other payments or amounts he may claim are owed to him ... "
“The spirit and intent of this agreement is to terminate with finality any and all issues existing between the parties, and to end their employment relationship in an amicable manner,” the agreement says.
Lolli previously said an investigation was being conducted internally and declined to comment on personnel issues.
“You’re a public servant and you’re serving us, and we’re paying you to do that, and we expect you to be upright and open and transparent with us with what’s going on and there’s been no transparency," Kendrick said.
Some residents have approached the council and administration asking for details or defending Birk.
Garchow and Kendrick both said they community deserves to know what happened.
