Cincinnati's fire department is being told to rewind one of its biggest personnel decisions of the past year. An arbitrator has ordered Assistant Fire Chief Sherman Smith back to work, less than a year after the Cincinnati Fire Department fired him following an internal investigation. The award gives the city 30 days to return Smith to his position and payroll.
Arbitrator's Ruling
An independent arbitrator concluded that Smith’s termination should be overturned and ordered his reinstatement within 30 days, according to WKRC. The decision followed a union grievance filed under the department’s labor contract and the arbitrator’s review of the evidence and testimony presented during the hearing.
Investigation Findings
Public records and prior reporting show that investigators alleged that Smith forwarded confidential department emails and documents, including the final report on the I-471 bridge fire, to former Fire Chief Michael Washington and to Smith’s wife. Smith told investigators he did not view those emails as confidential and said he was seeking Washington’s advice, according to reporting by WCPO.
How Smith Was Removed
Chief Frank McKinley placed Smith on paid administrative leave in July, and the department terminated his contract in November, local reporting shows. Smith is a 31-year veteran of the department who most recently led the Division of Fire Prevention and Community Risk Reduction, according to WLWT.
Union Reaction And What’s Next
The Cincinnati Fire Fighters Union Local 48 said the ruling "reaffirms the importance of due process and the protections afforded under our collective bargaining agreement," per WKRC. The decision lands against the backdrop of former Fire Chief Michael Washington’s ongoing wrongful-termination lawsuit, which local coverage has noted has kept department leadership under scrutiny, see reporting on the axed fire chief back in court for background.
Legal Implications
Under the City of Cincinnati's 2023–26 labor agreement, arbitration awards that follow the contract’s procedures are described as "final and binding on all parties," a provision in the fire union contract states. That language requires the city and the union to follow the grievance and arbitration steps laid out in the agreement, although the parties may have other procedural options depending on how they proceed and whether additional appeals or enforcement actions are pursued, see the City of Cincinnati labor agreement for details.
What This Means For The Department
If the award is carried out, Smith’s return will test how the department reconciles the arbitrator’s finding with the internal investigative criticisms and could influence leadership stability in the months ahead. Union leaders have framed the ruling as a vindication of due process, while the city now has to weigh its operational and legal next steps under the contract and applicable law.
