Suspended Mad River Twp.-Enon Fire Chief David Leist was reinstated immediately with back pay Monday night by trustees, but his legal counsel warned that possible civil action may be taken against the township.

A scheduled hearing regarding allegations of performance issues, misuse of a township truck and others was cancelled when the board determined a hearing would be improper under state law because it didn’t receive actual charges against him.

“Upon review, the board concludes that the investigation summary submitted to the board … is only a report and is insufficient to constitute charges under Ohio Revised Code,” Board President Joe Catanzaro said, reading from a statement.

Leist’s attorney, Mark Bamberger, said he was pleased trustees reinstated his client and would receive back pay for the time he was suspended, but he asked trustees what could be done for Leist to get his reputation back.

“I would like to ask, as his counsel, what legal action do we have to take to make sure that folks know that these allegations were unfounded, unproven and have been withdrawn?” Bamberger said during the public comments portion of the meeting.

“I would like, for example, the names of those who lodged these unfounded complaints for us to consider potential civil action,” Bamberger said. “If it’s not information that the board is going to give us tonight, then possibly the board might give it to us under interrogatories or deposition if a civil action has to be filed.”

Catanzaro declined to publicly respond to Bamberger’s comments until trustees could meet with the township’s own legal counsel.

In a letter to trustees on Oct. 11, Bamberger wrote that he believed a paid administrative leave from Oct. 16-21 and unpaid suspension from Oct. 22 to Monday before the hearing didn’t conform with state law and the township’s discipline policy.

He alluded in the letter to possible civil action including defamation, defamatory slander, civil conspiracy, violations of the Ohio Revised Code, interference with contract and intentional infliction of emotional distress.

Several of the approximately 70 people who turned out for the meeting spoke in support of Leist.