UTICA, N.Y. -- Normally it would be a celebrated announcement. A man with more than 30 years of experience being named chief of his force. However, retired Captain James Barefoot is taking over during a difficult time.

John Kelly is resigning after reports surfaced that he allegedly sent inappropriate text messages to a deputy fire chief's son.

"Do I think there will be significant, significant liability for the city? Absolutely. I do," said Russell Brooks, who was the department's chief until he was placed on leave from the position last year.

Kelly took on the duty as acting fire chief after Brooks was placed on administrative leave more than a year ago.

Deputy Fire Chief Mark Ambrose recently released copies of text messages in which Kelly allegedly invites Ambrose's adult son to the firehouse to engage in sexually-charged behavior.

He claims those messages started in 2015.

"That 1 percent or 2 percent of people can blemish the entire department, but I can assure you that the overwhelming majority are hardworking dedicated pillars in the community that put their lives on the line," Brooks said.

Ambrose said his attorneys told him the criminal investigation into the matter had been closed.

Oneida County District Attorney Scott McNamara said he had a chance to review the case and he agrees it appears no criminal activity took place.

"It was consensual. Both people are adults so there's nothing criminal about that," McNamara said. "We did not see anything that we have at this point that would indicate there was any undue influence being exerted on anybody for a job. We look at it from all ends."

Ambrose's son was hoping to become a firefighter. However, his attorneys said recent developments will likely keep that from happening in Utica.

Meanwhile, this isn't the only incident the department is facing. Firefighter Richard Forte is facing charges stemming from a sexual harassment claim.

"Although this isn't criminal, we have another case that is criminal, and to us, it looks like access to the fire station and certain things that might be going on in the fire station might be inappropriate," said McNamara.

Now the hope is Utica Fire can begin moving forward as Barefoot takes over on July 2.

Mayor Palmeiri is facing some criticism about how he handled the situation. He was not available for comment on Tuesday.

Spectrum News has also repeatedly tried to reach John Kelly, but so far, he hasn't responded.