dissenting.
I respectfully dissent.
I agree with my colleagues that Captain Kern's statements were not made pursuant to his official duties and touched upon matters of public concern. I also agree that they have clearly set forth the applicable law. I part ways with them, however, in the application of that law, in the balancing of the competing interests and consequences in this proceeding, and in regard to their conclusion that the restrictions on Captain Kern's speech were necessary for the efficient and effective operation of the Kokomo Fire Department. I believe Captain Kern's comments were protected speech under the First Amendment, and I would affirm the trial court in all respects.
Exposing governmental misconduct and inefficiency is a matter of significant societal importance. Oftentimes, a public employee is the only one having the firsthand knowledge and experience to do so. Restrictions on speech by public employees and reprisals for such speech have a chilling effect on its legitimate exercise. Restrictions on the ability of a public employee to speak as a private citizen on matters of public importance also restrict the pub-lie's right of access to meaningful information about its government. Accordingly, such restrictions should be viewed with skepticism.
Deferring to the Board's factual findings, my colleagues hold that Kern's dissemination of untruthful statements had the potential to affect the efficient and effective operation of the Kokomo Fire Department and, thus, are beyond First Amendment protection. Because I do not *631believe that the Board's conclusions are supported by evidence of probative value, I do not believe deference should be given to its findings.
It is undisputed that Fire Chief David Duncan interjected the specter of political considerations into the fire works permit approval process. Before Kern ever submitted the permit application, Chief Duncan told Indiana State Representative Ron Herrell, a retired Kokomo Fire Department Inspector, who called to support the issuance of an expedited permit, that he "didn't owe Kern any favors" because Kern had opposed Pat Donohue in the primary election for mayor. Appellant's App. at 106. Thus, Captain Kern's complaints that he believed the permit denial was politically motivated have evidentiary support.5
Furthermore, the only evidence that Captain Kern's comments brought the Fire Department into disrepute was the testimony of Chief Duncan that "firefight, ers were not greeted with smiling happy faces" and that unidentified people had approached unidentified Department members with comments such as "why don't we just grow up and do our job and worry about important things." Appellant's App. at 78-79. There was no showing that either the lack of "smiling happy faces" or the comments were in any way related to Captain Kern's comments. More importantly, there is no showing that either impaired the operation or the efficiency of the Department in any way. There was no evidence that the response times or outcomes were affected; there was no evidence the safety of firefighters or the pub-lie was in any way compromised; and there was no evidence that any firefighter failed to perform his or her duties at any time.
I would affirm the judgment of the trial court in all respects.
. Because the evidence that Chief Duncan interjected political considerations into the permitting process is undisputed, I do not believe the disputed issue of the completeness of the application is material. Moreover, because the Record does not contain evidence of any other application, granted or denied, we are unable to determine the materiality of the information relating to insurance coverage, fireworks listing and name of fireworks shooter.