Rochester, MN (KROC AM News) - A fired Rochester firefighter is fighting back.

City Human Resources Director Linda Hillenbrand says Brennan Kelly ” has filed a request for a hearing in front of an arbitrator so we are currently working on setting up that process.” She says an arbitrator has been selected and the two sides are now trying to schedule a hearing date.

Kelly was fired by the city Fire Civil Service Commission last month based on a recommendation from Chief Eric Kerska.

The decision came after the commission read and heard Kerska’s reasons to terminate Kelly, who had been with the department for 26 years and a captain for more than 10 years.

The commission’s hearing centered on an emergency medical call last October involving an 11-year-old girl who was in urgent need of critical care. Kelly was accused of confronting a Gold Cross medic twice at the scene. The commission was told an investigation found Kelly’s inappropriate comments and unprofessional behavior amounted to an interference with the girl’s treatment.

Kerska also told the commission Kelly had a history of misconduct that resulted in reprimands and an unpaid suspension.

News Update: The man who died during a confrontation with Rochester police has been released.