Delray fire chief terminated after investigation finds his harassment claims unsubstantiated

DELRAY BEACH — Delray Beach Fire Rescue Chief Keith Tomey is out after his claims of harassment and retaliatory behavior against City Manager Terrence Moore were found to be unsubstantiated by an independent investigation.

Tomey was terminated by the city, which released a statement saying the investigation into these allegations was complete, and that investigators determined the three alleged instances of retaliation and the incident of alleged harassment made by Tomey could not be proven.

Tomey's employment ended May 1, according to a city staff member. Kevin Green will serve as interim Fire Rescue Chief until a permanent replacement is hired. Green is a native Floridian who began his fire service career in 1984 with the West Palm Beach Fire Department. He's been with Delray Beach Fire Rescue since 2012.

Tomey, whose annual salary was $179,587, was terminated because he was "not in good standing" and did not receive a payout, according to the staff member. He had been with the department since Dec. 27, 2016.

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"The investigation included interviews with witnesses and a comprehensive review of pertinent evidence," the city's statement read. "While the investigation found no substantiated claims, it is essential to underscore the city's unwavering commitment to upholding its policies and values."

Delray Beach maintains its strict standards of conduct, the statement also said, and it "does not tolerate actions that compromise these principles," or the safety of its staff.

What were Delray Beach Fire Rescue Chief Keith Tomey's allegations?

Tomey's allegations date to 2022, starting in August of that year, during which Tomey said Moore made unwanted sexual advances toward him in a letter obtained by The Palm Beach Post . The letter was written by Isidro Garcia of West Palm Beach, Tomey's lawyer, calling on the city to investigate the claims.

Garcia did not respond to requests for comment from The Palm Beach Post.

The letter, though, was acted upon on March 20, when city commissioners instructed City Attorney Lynn Gelin to contract a special investigator to review the allegations made by Tomey.

The letter alleges that, in an August 2022 car ride to the Arts Garage, Moore “began to rub the inside of Mr. Tomey’s left thigh up to the groin area.” Tomey “recoiled and asked Moore what he was doing," but Moore did not respond. On their drive leaving from the Arts Garage, Tomey said Moore, again, made unwanted sexual advances, which Tomey rebuffed. Tomey then reported these events to Gelin in a telephone call.

Also in the letter, Tomey claims he was retaliated against for promoting Craig Mahoney to division chief of logistics. In October 2022, according to the letter, Moore demanded that Tomey rescind the promotion because of Mahoney’s work as union president, but Tomey refused, calling Mahomey well-qualified for the role.

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In November 2022, also according to the letter, Moore suspended Tomey for five days for not notifying him about a traffic crash he'd been involved in. Tomey claimed the suspension was because of his refusal to demote Mahoney.

Tomey, too, was investigated, by Gelin, for permitting employees to attend an interdepartmental softball game while on duty , the letter said. Tomey said he believed that investigation was instigated by Moore for retaliatory reasons.

"The City of Delray Beach prioritizes the well-being of its employees and takes all allegations seriously," Mayor Tom Carney said Tuesday. "After a thorough investigation, no wrongdoings were uncovered. We remain committed to a safe and respectful work environment for all employees by holding employees accountable for their actions, irrespective of their position or tenure."

Jasmine Fernández is a journalist covering Delray Beach and Boca Raton for The Palm Beach Post. You can reach her at jfernandez@pbpost.com and follow her on X (formerly Twitter) at @jasminefernandz . Help support our work. Subscribe today .

This article originally appeared on Palm Beach Post: Delray fire chief terminated after investigation finds his harassment claims unsubstantiated