Sex Scandal At Columbus Division Of Fire Expands

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UPDATED: Tuesday January 28, 2014 3:49 PM

The fallout from a sex scandal at the Columbus Division of Fire is expanding.

For months, 10TV has reported on the investigation of firefighter Marc Cain and his on-the-job sexual relationship with a young woman.     

Last week, we reported Cain was found guilty of numerous violations of division policy.            

Now the supervisor who knew of the relationship, but did nothing about it, is also facing discipline.
     
Cain's extramarital affair might have remained a family matter had he not conducted it within the walls of Station 17 and while on the job.

An internal Fire Division investigation found over the course of 18 months, Cain and the woman, just 18 when it started, had sex multiple times there.

It also found that Cain gave the woman the building's security code. The investigation found that she frequently stayed overnight in his quarters and that she had free reign to ride emergency vehicles as they responded to calls.

Who was supervising Cain while this was happening? Battalion Chief Gerald Birkhimer.

Birkhimer told division investigators that he'd witnessed Cain's mistress in Cain's bedroom and riding along on Division vehicles.
     
Last February, Cain's mistress told Birkhimer about her affair with Cain.     

By the time of the confession, Birkhimer had been transferred out of Station 17, but the conduct in question happened on his watch.

What did he do with this information? He admits: nothing.

"I didn't do anything," he told investigators. "This was February. I was removed...in October."         

He admits to sharing the information, but not with anyone in a position to do anything about it.

"So you kept this to yourself since?" asked investigators.

"I told other people in the fire department," answered Birkhimer.
 
"Anyone in authority?" they asked.

"Nobody in authority," he replied.

Birkhimer's failure to act has now resulted in administrative charges against him.

Documents obtained by 10TV reveal the investigation found he failed to enforce multiple Division policies.

He's accused of:
-Allowing his own daughter and Cain's mistress to ride emergency vehicles
            -Allowing his daughter and Cain's mistress to spend the night at Station 17
            -Observing Cain's mistress in Cain's room
            -Failing to report Cain's own violations of policy     

He is charged with dishonesty, insubordination, neglect of duty, and failure of good behavior.

Birkhimer will have a disciplinary hearing next week with Columbus Fire Chief Greg Paxton.

Paxton will determine whether or not he is guilty of these charges, and what if any discipline he will receive.

Birkhimer told 10TV he was not able to comment.

Chief Paxton recommended Marc Cain be fired for his actions.

The Columbus Safety Director will have the final say on that.

Cain's hearing with the Safety Director will happen next month.

Stay with 10TV on the air and online at 10TV.com for updates.

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