ELYRIA — Common Pleas Judge James Miraldi ruled Wednesday in favor of nine Elyria firefighters who argued they were wrongly demoted in October 2009 because the demotions were based on seniority level in the department instead of seniority within the rank.

The case was filed by eight lieutenants and one captain shortly after the Civil Service Commission ruled the city was within its legal rights to go forward with the demotions.

In his decision, Miraldi said the demotions are to be reversed and the Civil Service Commission is to redo them based on seniority of rank instead of overall departmental seniority.

The demotions within the Fire Department were carried out in 2009 as city leaders sought to save money by balancing the number of officers to the reduced ranks of the firefighters.

City Safety Service Director Chris Eichenlaub said the demotions were needed and the ruling does not erase that. However, it could change who in the department ultimately holds officer ranks.

“Clearly, the adjustments were made and were necessary to align the department in a fashion that we could afford within our budget,” he said. “After reviewing the full ruling and deciding if it is something we should appeal, there will be an adjustment in personnel in whatever way the judge deemed appropriate.”

Eichenlaub said city leaders had not read the full opinion as of 4 p.m.

Although the local firefighters union previously had questioned the necessity for the layoffs because firefighters have had to receive acting officer pay nearly every day since, there was nothing they could do to stop them, said union president Dean Marks.

Acting officer pay gives firefighters the equivalent of four hours of overtime on top of their regular pay.

“We couldn’t stop them from demoting or laying off anyone. If they were going to do it, we wanted it done the right way,” he said. “We just wanted them to follow the law. That’s why we filed the lawsuit. It had nothing to do with the demotions themselves.”

Marks said he called each of the demoted officers personally Wednesday to let them know the judge ruled in their favor. It’s too early to know what the ramifications will be or if the officers will be entitled to back pay that would have been earned had they stayed at their higher ranks.

Eichenlaub said he could not estimate how much money may be owed if back pay is warranted.

Contact Lisa Roberson at 329-7121 or lroberson@chroniclet.com.

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