MEGAN MATTEUCCI
The Atlanta Journal-Constitution

A former DeKalb County fire chief said he was forced to resign two weeks after filing a discrimination claim.

David Foster resigned Feb. 1 after CEO Burrell Ellis threatened to terminate him, Foster's lawyer, A. Lee Parks, told The Atlanta Journal-Constituion on Tuesday. Parks said it was retaliation.

"No reason was given," Parks said. "It was not voluntary."

But according to Ellis, Foster offered to resign during a meeting about concerns in the fire department.

"We came to a mutual decision to part ways. He offered to tender his resignation and I accepted," Ellis told the AJC. "His resignation was not forced."

Foster has since asked to rescind his resignation and renegotiate a severance package. He was offered seven months of pay when he resigned, according to documents obtained by the AJC.

"The severance agreement was revoked and we are not currently negotiating. He has nothing in terms of his severance," Ellis said. "Our response was that his resignation was voluntarily."

Foster's lawyer says that under state law, Ellis has 21 days to reconsider his resignation.

According to Ellis, the chief and county administrators have been talking for several months about a number of problems in the fire department. Ellis declined to identify those issues, saying they are the subject of an investigation by the county's human resources office.

However, the CEO did confirm that a Dunwoody fire that killed 74-year-old Ann Bartlett was one of the issues. Five firefighters were fired after an investigation found they neglected their duties when they responded to the fire.

"I had some concerns about his handling of things and the aftermath," Ellis said. "It wasn't the sole factor."

A letter from the county attorney said the CEO referenced several concerns with the chief, including conflicts with personnel and "his judgment in handling certain sensitive situations," including the Dunwoody fire.

Foster submitted his one-sentence letter of resignation several days after the internal investigation found the firefighters were at fault for the Dunwoody fire.

As part of his resignation, Ellis negotiated a severance with the chief, who worked for the county six years, according to the CEO. His pension was not revoked.

"He serves at the pleasure of the CEO and can be dismissed without cause," Ellis said.

Foster has threatened to file a lawsuit if the county does not agree to renegotiate his severance, Parks said.

A woman who answered the phone at Foster's home referred calls to the ex-chief's lawyer.

County commissioners have praised Foster, saying he increased response times, opened fire stations and reduced administrative overhead during his tenure.

Ellis appointed deputy chief Eddie O'Brien, a 24-year veteran and brother of the acting police chief, to serve as interim chief. The CEO said he wants to complete the internal investigation before moving forward with hiring a permanent chief.

Copyright 2010 The Atlanta Journal-Constitution
February 17, 2010