LIBERTY — The investigator looking into the actions of Libery Fire Capt. Cathy Macchione in connection with drug use in the township’s fire department wrote he found merit in each of the eight administrative charges filed against her.

A pre-disciplinary hearing was held June 15, in which Macchione and her lawyer were able to address various questions that she knew of drug use in the department. The hearing was conducted in order to determine if she should be demoted from the captain’s rank to firefighter.

She already has been demoted from a fire inspector to captain.

If she is demoted, Macchione will not be able to be considered for the captain’s rank for at least two years. She also can be suspended for 10 days without pay.

The review of eight charges against Macchione was completed Wednesday by Newton Falls fire Chief Douglas A. Theobald, who agreed to review the allegations against her to determine if they have merit.

Theobald was selected as the hearing officer after the fire union objected to the township’s administrator Martha Weirick being the hearing officer. He had until Friday to turn over his report.

Liberty trustees are scheduled to meet at 11 a.m. today for a special teleconference meeting to discuss township matters, but it is unknown if Macchione is among the topics.

Macchione is being investigated as a result of a police case launched April 14 by Liberty police into the April 12 death of firefighter / paramedic John Beard.

According to documents compiled after the police investigation, Fire Lt. Josh Cleland, Lt. Justin Graham and Capt. Chris Olson were found to be in violation of several Liberty Township Fire Department policies and Ohio laws. They were discharged from their positions.

Trustees in May accepted the immediate resignations of the two lieutenants, and a retirement and separation agreement with Olson.

Three of the charges filed against Macchione revolve around her use of prescription drugs that could have affected her safety and the ability of others to perform their duties. Macchione failed to tell her supervisors about the drugs she had been prescribed by her doctor in 2014.

Members of the fire department are supposed to report when fellow members pose a risk to the health and safety of themselves and to others through the use of drugs, according to pre-disciplinary report.

Macchione is charged with failing to report suspected drug activity of fire / EMS personnel.

In addition to not reporting Beard’s suspected drug activity, Macchione stated that she worked with Cleland for three years and wondered how he was so well off.

“I didn’t want to know because the less I know in my position the better,” she stated.

Theobald said this reinforces the notion Macchione was turning a blind eye to suspected unlawful activity within the Liberty Township Fire Department.

“Clearly Capt. Macchione had a duty to act under the oaths of the fire department and under the oath of a paramedic license in the State of Ohio,” Theobald noted.

Macchione is being charged with not reporting actions that could cause themselves or others to be injured while on duty. She also was charged with malfeasance and nonfeasance because she failed to report the suspected drug activities.

rsmith@tribtoday.com