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Current Acting Chief Eric Crank will retire in April, and the leadership of the department remains uncertain with the chief on paid leave for reasons city officials have not shared after two months.
A federal court has denied a motion filed by the city of Cincinnati to dismiss a lawsuit brought against the city's former fire chief after his firing last year.
On Dec. 20, Birk was placed on paid administrative leave and left the city building after turning over his gun and badge.
A letter presented to Birk on Dec. 20 says Birk is to remain on leave 'pending further review of matters relating to your employment.'
An attorney representing Middletown Police Chief David Birk, who was placed on administrative leave on Dec. 20, said action against the longtime police officer is not warranted.