Central NY deputy fire chief suspended after admitting he had sex on duty is back on payroll

City of Oswego, N.Y. — A city of Oswego deputy fire chief who was suspended after admitting he had sex in his office while on duty is now back on the city payroll while the city tries to fire him, the mayor said.

Joseph Smegelsky was given disciplinary charges from the fire department on April 7, resulting in a suspension pending a possible firing, Oswego Fire Chief Paul Conzone said Monday.

Smegelsky was initially suspended without pay but had to be reinstated to the payroll after 30 days, Conzone said.

During an unrelated investigation, it was discovered that Smegelsky had a woman come to his office -- on fire department property -- to have sex while on duty at least one time, Conzone said.

Smegelsky later admitted to the allegations, said Oswego Mayor Billy Barlow.

Barlow said he fired Smegelsky but the local firefighters union is fighting the termination which led to the suspension while they await arbitration between the city and the union.

Barlow said he is surprised the union is fighting on Smegelsky's behalf because he is connected to an investigation of missing union money that led to the discovery of his other misconduct.

The union approached the city after they found that around $500 they raised was missing, Barlow said. The money came from a sale of fire department hats and t-shirts, Conzone said.

Smegelsky became the center of that investigation after he was the only member of the department who was not cooperating, Barlow said.

Barlow said he finds it ironic that the union would defend someone who is potentially connected to money stolen from the same organization.

Nathaniel Lambright, attorney for the Oswego Firefighters Association Local 126, made a statement on behalf of the union.

"Various disciplinary procedures and required actions are specifically outlined in the union's collective bargaining agreement with the city," Lambright said. "Our legal obligation to each member we represent is to ensure the city comply with these mutually agreed upon practices."

Barlow also noted that Smegelsky previously pleaded guilty to misusing $22,000 allocated to the Minetto Volunteer Fire Company when he was that department's chief. He pleaded guilty to a misdemeanor after being charged with felony third-degree grand larceny following an audit by the state Comptroller's Office.

Conzone and Barlow said they are both hopeful that the arbitrators will side with the city and fire Smegelsky for his actions.

Conzone said that as soon as they found out about the misconduct they sought the strictest possible disciplinary action.

Barlow said that if someone can't be fired for this he is not sure what would constitute a fireable offense.

Until the arbitration is complete, Smegelsky will remain on the city payroll but is not currently working in the department.

Smegelsky was paid $92,103 in 2022, according to online payroll records for public employees.

Staff writer Anne Hayes covers breaking news, crime and public safety. Have a tip, a story idea, a question or a comment? You can reach her at [email protected].

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