City commissioners will meet Wednesday at 7 a.m. to discuss the appeals of two Helena firefighters, who on Monday asked the commission to reverse their terminations.

City Manager Tim Burton fired Captain Dave Harvey and firefighter Colette Summers after they were allegedly involved in an inappropriate sexual relationship while they were on duty. Two other firefighters have been accused of similar misconduct.

Commissioners met with Summers and Harvey in two meetings Monday that lasted more than two hours. The hearings were the final steps in the disciplinary process and were opportunities for the commissioners to review Burton's decision.

Commissioners plan to release a written decision to the firefighters and the public.

City officials earlier Monday said they would open the meeting to the public for the city staff's presentation of the allegations and then close the meeting for the firefighters' presentation. Attorney Jim Reynolds, who is representing both Harvey and Summers in the city's process, objected and asked for both meetings to be entirely closed to the public. City commissioners concurred, and a reporter left the meeting when asked.

Reynolds also spoke out against the city's release of the firefighters' names and statements of the allegations against them. He argued the firefighters have a right to privacy in the matter, and said state Supreme Court case law supports his position.

A Montana Freedom of Information Hotline has cited other high court cases, in which justices have said police officers don't have the same expectations of privacy rights as other public employees because their jobs involve a great deal of public trust. FOI attorney Mike Meloy has argued firefighters are in the same positions of public trust because of their duties as emergency responders.

While Reynolds argued against any further release of information, City Attorney Dave Nielsen said the commission's decision will be publicly released. He also stood behind his decision to release documentation related to the allegations. A law changed in 2007 only references firefighters' rights to privacy in disciplinary hearings, Nielsen noted.

"It's not a slam-dunk decision either way, but I was more comfortable releasing the information," he said.

He also spoke out against statements Meloy made last week in reference to the hearing's closure. The FOI attorney said commissioners should be allowed to balance the public's right to know against the firefighters' rights to privacy, but Nielsen said officials couldn't determine that balance because they couldn't know what the firefighters would say in their presentation.

"I don't know what sort of private or confidential information they're going to bring up at that hearing," Nielsen said. "What am I supposed to balance?"

Summers and Harvey are accused of having sexual intercourse while on duty and in the city's east-side fire station. Harvey also is accused of giving Summers preferential treatment by allowing her to change her schedule and alter her work duties so they could be together. Summers is also accused of having sex with two other superior officers.

Lt. Mike Maykuth is also accused of having an on-duty sexual relationship with Summers. He meets with Burton this week to discuss the allegations. Lt. Brad Taylor admitted to a sexual relationship with Summers while on duty and has accepted a demotion to firefighter. Officials have said Taylor received lighter discipline because he was honest when initially questioned about the allegations.

Reporter Larry Kline: 447-4075 or larry.kline@helenair.com