Bismarck Civil Service Commission affirms termination of firefighter Samantha Grama

The Bismarck Civil Service Commission voted unanimously on Friday to affirm the city’s decision to terminate firefighter Samantha Grama, ending Grama’s appeal of a dismissal that followed an off‑duty vehicle crash and a dispute over a required fit‑for‑duty medical review.

The commission heard competing accounts during a multi‑hour hearing. City witnesses said Grama did not complete the Human Performance Center (HPC) fit‑for‑duty process required after her Nov. 24 crash, and that the department repeatedly requested medical documentation. Deputy Chief Ed Gee testified the crash and statements that suggested prior similar episodes “rose to the level of requiring a fit for duty or return for duty process.”

Grama’s attorney, Justin Vinge, told the commission his client had more than a decade of service and obtained a medical clearance from her primary care physician. Vinge said the city’s requirement that the contracted provider review Grama’s medical records led to confusion and that the termination was disproportionate. “Termination of employment due to that situation…was not appropriate,” Vinge told the commission during his opening statement.

In testimony, Battalion Chief Luke Teagle described safety‑sensitive duties such as driving a 100‑foot aerial apparatus and explained that SOGs (Standard Operating Guidelines) and national standards under NFPA 1582 guide return‑to‑duty decisions. Teagle said Grama was placed on paid administrative leave and repeatedly notified to attend HPC appointments. He described communicating by text and phone to set appointments and relay the department’s instructions.

Grama testified she lost consciousness before the crash and later learned she had low iron; she said her doctor provided a return‑to‑work note and that she planned to deliver records to HPC but received a termination letter before doing so. “I was called into the chief office and got fired at 08:30,” Grama said when recounting the day she was dismissed. She told commissioners she believed she had not been given adequate time to comply and said she suspected retaliation related to earlier grievances she filed against a supervisor.

The city introduced a letter and emails from Nelia Diak, a nurse practitioner at the contracted medical provider, requesting a medical diagnosis and documentation of treatment to complete the fit‑for‑duty review. HR Director Leanne Schmidt said HR maintains medical records separately and explained that the department requires enough medical information to determine whether an employee can safely perform essential duties. “She was a little frustrated because she just didn’t understand the process,” Schmidt said of Grama’s reaction when told what HPC required.

Commissioners discussed whether the department’s process had been followed and whether Grama had sufficient opportunity to provide records. The panel ultimately framed the central issue as whether the employee completed the steps the department required; one commissioner said the record showed the department had given clear instructions to complete the HPC process and that Grama had not fulfilled those requirements. A motion to affirm the termination carried on a unanimous voice vote.

The commission did not make findings about alleged retaliation or other personnel complaints beyond the scope of the appeal; commissioners noted those matters could be addressed through separate grievance or investigative channels. The commission’s action leaves the city’s termination decision in place; the order to affirm was read into the record at the hearing’s conclusion.