Aggrieved Former Fire Fighters Sue
In preparation for a civil jury trial, Attorney Robert H. Bowen, representing four aggrieved former veteran Groton Firefighters - Clarence Jefferson, Stephen Tervo, Benjamin Miele and James Horan - filed a civil suit in Middlesex Superior Court, charging the Town Manager, The Board of Selectmen and three full-time Groton Fire Department employees.
The suit alleges: 1. Denying the former firefighters their due process rights, 2. Illegally terminating their gainful employment and 3. Violating their civil rights by using 'threats, intimidation and coercion' and 4. For inflicting 'emotional distress', among other overlapping charges."
The suit or 'Civil Action' names the following town officials and employees as defendants. "Mark Haddad, individually and as Town Manager for the Town of Groton, Joshua Degen, individually and as Chairman of the Board of Selectmen, Anna Eliot, Stuart M. Shulman, Peter Cunningham and John G. Petropoulos, [former] Groton Chief Joseph Bosselait, Fire Dept. Captain Susan Daly, and Fire Captain Daly's husband Fire Department Lieutenant Anthony Hawgood. The suit names these town officials both in the roles as representatives of the town and as individuals. According to an email received from Attorney Bowen, the civil suit was filed September 2 and the defendants have been officially served.
The suit requests judgment on six 'counts' or alleged violations of state law. Although the counts appear to overlap somewhat, they involve:
1. Civil Rights violations ["threats, intimidation and coercion",
2. Denial of Due Process Violations, [No hearing to explain reason for dismissal as specified under the 'Strong Chief Law'.]
3. 'Depriving plaintiffs of their property, contract and/or other rights under the color of state law.' [presumably cutting off wages and possible pension benefits. And
4. Wrongful Termination under state law.
In addition, Town Manager Haddad, Selectman Degen, Former Fire Chief Bosselait, Fire Captain Susan Daly and her husband Anthony Hawgood are separately named for "intentionally or negligently interfering with the plaintiff's' contractual and/or other relationships with the town." And for "negligently inflicting emotional distress upon the plaintiffs."
The suit alleges many detailed statements of fact revolving around several main incidents. This is a summary of the 'Factual Allegations' section of the Civil Action:
Organizing of Union by some On-call Firefighters
In early 2014, each of the four aggrieved firefighters "signed union cards indicating their support of efforts to unionize the call fire fighters in Groton."
Christmas Day 2013 Incident
One the way to the Christmas day fire, a fire truck - Engine 2 - was driven by Stephen Tervo with firefighter Miele as a passenger. Captain Susan Daly was a passenger in another truck - Engine 1 - traveling to the same fire. On the way to the fire, it is alleged that firefighter Tervo in Engine 2, cut off Captain Daly riding in engine 1. Both Tervo and Miele categorically deny this allegation. Later, Susan Daly's husband, also a firefighter, Lt. Anthony Hawgood, 'inappropriately questioned and intimidated both Tervo and Hawgood regarding the alleged cutting off of his wife, Captain Susan Daly.
Cathy Lincoln Grievance
Call firefighter Cathy Lincoln filed a grievance with the town against members of the department for harassment. This lead to a separate investigation, but the very filing of the grievance later became an issue since Town Manger Haddad questioned whether former Deputy Chief Clarence Jefferson had encouraged Cathy Lincoln to file the grievance. Town Manager Haddad did not believe Jefferson's denial and accused him "or someone in his family" of inciting the grievance. According to the list of factual allegations, "The Town Manager concluded that in his opinion Jefferson was not telling the truth."
'Mandatory' Meeting with Town Manager
The Town Manger called a meeting to air Fire Department issues for June 3, 2014. Due to unforeseen family medical issues, firefighters Miele and Jefferson called and said they would be unable to attend the meeting, unaware that the meeting was considered 'mandatory' by the Town Manager. Firefighters Tervo and Horan attended the meeting. They allege that town manager Haddad 'conceded that he knew there was a problem' with the department and would address it, although he later denied saying this. Town Manager Haddad notified the two men that not withstanding the clear language of the Strong Chief law, he [not Fire Chief Bosselait] would be making decisions on reappointments.
Unionization Meeting
A meeting of Call Fire Fighters was scheduled to discuss unionizing. Although she was a contract employee of the department, James Horan's partner, Susan Hogan, was rudely excluded from the meeting to provoke firefighter Horan, it is alleged. According to the list of Factual Allegations, "she was excluded to provoke Horan into quitting, or into engaging in insubordinate conduct that would provide ground for termination." The list of allegations says "this treatment of Horan and his significant other was the culmination of ongoing harassing conduct by the department directed at Horan, so that in fact, based on this hostile treatment, he did resign."
Non-Reappointment of Tervo and Miele
Tervo and Miele were unceremoniously notified via e-mail that they would not be reappointed, and asked to turn in their equipment.
Clarence Jefferson's Non-Reappointment and Resignation
The Chairman of the Board of Selectmen, Joshua Degen, personally told Jefferson that he, too, would not be reappointed. He made an inappropriate comment about Jefferson's age, telling him he thought it was time for him to retire. Degan, allegedly, insisted that Jefferson write a retirement letter, and give it to the Chief forthwith so that it could be read at the next Board meeting. Jefferson wrote the letter as directed but as far as the plaintiffs are aware, the letter was never read at any selectmen's meeting. In addition, the letter was not provided to Jefferson when he requested a copy of his personnel file. Rather than retired, Jefferson's personnel file lists the reason for his separation as "involuntary termination."
Denial of Rights for Hearing to Understand Cause for Termination
The plaintiffs filed personnel grievances with the Board of Selectmen, complaining among other things that they had been denied their rights to a hearing to explain the cause for their terminations. Despite Selectmen having convened an executive session and having claimed to have investigated allegations of those grievances, no hearings have been granted or discussed.
