SIDNEY — A Civil Service Commission hearing set to appeal the termination of former Sidney Code Enforcement Officer Kirby King, scheduled for Wednesday morning, was called off by King.
“The city considers the case closed,” Mark Cundiff, city manager, said in an email responding to questions from the Sidney Daily News about the matter on Wednesday morning.
King was fired for using his personal cellphone during working hours and for sending inappropriate text messages to a resident during working hours. The city found his actions to be a “serious failure of good behavior and a violation of city policies.” His termination was effective Wednesday, March 14.
The city of Sidney conducted an investigation of all allegations contained within the formal complaint filed with the city in February, during which time King was on paid administrative leave, starting the week of Feb. 12. According to the termination letter, not all allegations were able to be substantiated.
King had up to 10 days to appeal to the Civil Service Commission, Cundiff said in March.
After King appealed, a hearing was set, and the commission then would have made a recommendation to the city manager. Cundiff, however, would not have been required to follow the the commission’s recommendation. If King would have been unhappy with the final decision rendered by the city manager, Cundiff said he would have had the right to appeal to the Common Pleas Court.
The city manager’s office confirmed Wednesday that King dropped the appeal through a letter of withdrawal that the city received from his lawyer.