Sept. 17--The village of Ruidoso reached a six-figure settlement with former Ruidoso fire chief Tom Gavin over his firing in 2011.
"His termination is expunged and he will be resigning," Gavin's attorney J. Robert Beauvais said Monday. The village admits no liability for the action. Gavin has since moved on and was hired in June 2012 as a police officer by the city of Ruidoso Downs.
"He feels vindicated," Beauvais said. "He was doing his job." Gavin only complained when his enforcement of the village fire code was usurped by the action of the village manager and officials, which he felt put residents and visitors at risk of life and property, Beauvais said.
"His termination was driven by his whistle blowing and he was confident they would have to give him his job back," the attorney said. "He recognizes it was not in the best interests of the town for him to be forced on the village in a position as important as fire chief."
Gavin hopes citizens will be vigilant and insist the village recruit a competent and qualified fire chief, "instead of slipping the acting chief in without even advertising," Beauvais said.
In May 2012, all federal claims against the village asserted by Gavin were dismissed, but state issues were referred back to the district court. At the time, Beauvais pointed out that he originally filed in district court, but the village removed the lawsuit federal court. The basic issue presented to the district court was whether the village had just cause for firing or if retaliation occurred under New Mexico's Whistle Blowers Protection Act, which was only two years old in 2012, with "virtually no case law developed on it," Beauvais said. "We're plowing new ground. It picks up the hole created when the Supreme Court eviscerated public employees' free speech and took away equal protection."
Beauvais contended in the Gavin lawsuit that the former fire chief had a property right in his employment, not in the specific job title. After registering a good faith complaint about a fire inspection compliance issue at a local business, the fire chief was willing to resign from his position and accept a village offer of a lateral transfer to an emergency management director position.
Village officials contended he later repudiated that agreement in a letter from his attorney and he was fired, a position contested by Gavin.
Gavin served as fire chief for Ruidoso from February 2009 to Jan. 5, 2011.
Village officials were not available for comment regarding the settlement.
Copyright 2013 - Ruidoso News, N.M.
