Josh Lux was a highly-regarded Fire Captain with Cedar Falls Fire/Rescue. During my fire department ride-alongs, Fire Captain Lux impressed me with his knowledge, dedication, professionalism, and natural leadership. I was shocked to learn, in October 2018, that Lux had been forced to resign (in lieu of termination) as a result of a disciplinary investigation for: Failure to Obey a Direct Order; Falsifying an Offical Report; and Insubordination. Given Fire Captain Lux's excellent reputation in the community as a man of integrity, and his clean disciplinary record, I strongly suspected there was more to the story.
Last November, I obtained a copy of Lux's disciplinary investigation report, and discussed his case with the Mayor, City Administrator, Public Safety Director, a number of Josh Lux’s former colleagues, and Josh Lux himself. Based on what I learned from the investigative report, I believe that the city's actions were improper. While I take issue with other aspects of the investigation, I will narrow my focus here to just the charge of "Failure to Obey a Direct Order".
I've worked to address this issue behind closed doors with the Mayor and city staff. That effort has provided no remedy. The "Failure to Obey a Direct Order" charge is an egregious problem that I'm bringing it to you, the residents of Cedar Falls. I'm grateful that Josh Lux has given me permission to do so. I believe many of you will agree with me that the city acted wrongly and unfairly. Lux's case will not be addressed in court, so it must be addressed at the polls. I ask for you to vote for new city leadership this November, to help address this wrong.
Why was Lux charged with failing to obey a direct order?
Last year, several firefighters had confided to Josh Lux their concerns with the new PSO Model and what they considered to be a toxic work environment. They also related their plans to apply for jobs elsewhere. Lux voluntarily informed the Fire Chief that he was testing for hire at other fire departments. Soon after, the Public Safety Director informally asked Lux to provide the names of any other firefighters also testing at other agencies. Lux respectfully declined to reveal the names. He was then called into Director Olson's office; the Director gave Lux a direct order to reveal the names. Again, he declined to do so. Finally, Fire Chief Bostwick again gave him the same direct order during a recorded disciplinary interview. Each time Lux stated that he didn’t have the firefighters’ permission to reveal this information, and so could not do so. For this reason, Josh Lux was placed on report for "failure to obey a direct order".
A duty to answer truthfully
Public employees are required by law to truthfully answer their employer’s questions -- as long as those questions are "specifically, directly, and narrowly related to the performance of their official duties" (the wording from a Supreme Court case). I’m no attorney, but common sense tells me that a Fire Captain cannot be reasonably expected to know the intent and thinking of firefighters in his or her department, or to track what they're doing in their off time (like testing for hire at other agencies). I agree that supervisors are responsible for their subordinates' workplace actions, but not their thoughts, opinions, career plans, or off-time activities. For that reason, I strongly disagree with the City’s claim that Fire Captain Lux’s knowledge of names of potential departures could reasonably be considered specifically, directly, and narrowly related to the performance of his official duties.
My reaction and the City's response
On January 17, 2019, I met with the Mayor, City Administrator, Public Safety Director to express my grave concerns with the "Failure to Obey a Direct Order" question and other aspects of the Lux investigation. In that one-hour meeting, they defended the coercion of Fire Captain Lux, stating that the city needed to plan for vacancies as far in advance as possible, and that supervisors are expected to forward any information which may impact operations. I countered that, if the city needs greater lead time for staff planning, then the right response is to require departing personnel to provide more advance notice....not to coerce that information from others. Such a heavy-handed approach inevitably erodes trust, teamwork, and morale in an environment where trust and teamwork are paramount.
The Public Safety Director also told me that this was the first time he had ever been forced to order someone to provide names of people considering departure...previously, employees voluntarily provided this information about their co-workers. From my own experience as a military officer and supervisor, I know full well that no interaction between senior and subordinate is ever free of coercion, whether overt or implied. Managers (especially very senior ones) must never assume that their employees are acting voluntarily; such assumptions can easily lead to intentional or unintentional abuse of authority. I should also note, I've asked three current and former Iowa police chiefs and fire chiefs if it's appropriate to ask employees to reveal which of their subordinates were testing for hire at other agencies. None believed question this was appropriate.
Actions I'll take as Mayor of Cedar Falls
The Mayor must be willing to ensure the city's disciplinary practices are ethical and fair to all concerned. And I'm prepared to take on that responsibility. Starting on day one, I'll:
- Work with City Council to require that serious disciplinary investigations be conducted by someone outside the accused person's chain of leadership. Employees shouldn't feel the "deck is stacked against them" even before the investigation begins.
- Work to streamline the disciplinary system in order to expedite the outcomes of investigations. When placed on report, no city employee should have to wait ten weeks or more to learn the outcome of that investigation. Such delays only add needless stress, uncertainty, and anxiety.
- Require that staff refrain from soliciting information regarding their co-workers' plans for employment elsewhere. These questions are never appropriate in a professional workplace.
- Establish the means for employees to report improper or questionable disciplinary practices directly to me, along with protection from retaliation from supervisors.
To be clear, I'm no pushover when it comes to discipline. I understand that breakdown in discipline can destroy an organization. But employees must also believe that the disciplinary system is fair, balanced, and impartial. Also, serious career-ending charges require greater scrutiny and review; in these reviews, I pledge to retain a healthy skepticism and an independent mind...I will intervene without hesitation if I believe the city is acting questionably or unfairly.
The takeaway for you...
City leadership must foster a culture of trust and mutual respect within our city workforce; the reforms noted above are a step in the right direction. The residents of Cedar Falls expect city leaders to ensure all of our city employees are treated fairly, with the dignity and respect they deserve. That's why I'm running for Mayor, and I hope to earn your vote on November 5th.