COVENTRY, R.I. — The Coventry Fire District board voted unanimously on Wednesday to terminate suspended fire chief Paul Labbadia, saying his contract was null and void.
Timothy Williamson, the board's legal counsel, told the members that Labbadia's contract, signed in 2009 with the board, was for five years and automatically renewed, while state law, he said, allows only a three-year contract. Therefore, he said, the contract was invalid and could be terminated without notice or cause.
Thomas DeSimone, a lawyer for Labbadia, argued that the contract is valid.
Labbadia was suspended with pay in November following a WPRI-TV report in October with undercover video that allegedly showed Labbadia drinking alcohol and playing golf during the work day, using his fire district vehicle for recreation and smoking marijuana at a party in Providence.
The board in November hired lawyer J. William W. Harsch to review the chief's conduct and contract.
Williamson said that the question of misbehavior was not addressed Wednesday.
On Dec. 16, as Harsch's investigation neared completion, the board voted that Labbadia's suspension would be without pay. He made $72,000 a year.
In executive session on Jan. 13, the board received the report from Harsch's investigation but decided not to act on it immediately. A meeting was scheduled for Jan. 27, but the blizzard interfered.
The meeting was rescheduled to Feb. 10. Fire District Board Chairman Frank Palin said Wednesday that the board expected to meet with Labbadia, but Labbadia didn't appear. Instead, he sent a lawyer, John J. DeSimone, a state representative from Providence who is also House majority leader.
During the Feb. 10 executive session, Palin said, Harsch gave DeSimone a copy of the report, and DeSimone was advised that the board would meet Wednesday to take action on it.
Wednesday's agenda was devoted to discussion and action on the legality, lawfulness and validity of Labbadia's contract dated Jan. 28, 2009; on the disciplinary status of Labaddia and the status of his continued employment with the Coventry Fire District, and on whether to release a summary of Harsch's report.
Labbadia also has problems in North Providence, where he served as a firefighter. Mayor Charles A. Lombardi in January accused Labbadia of serving less than 20 years and then taking town-paid retirement benefits such as health insurance and cost-of-living pension supplements that are only for retirees who log two full decades of service.
Lombardi said then that Labbadia had not responded to North Providence's request to work out a payment plan for about $180,000 in retirement benefits to which he wasn't entitled.
On Wednesday, G. Richard Fossa, the mayor's chief of staff, said the town has retained lawyer Anthony Traini "to conduct pre-litigation analysis to determine Labbadia's liability" and to assess the town's chances of recovering any money. Traini is also investigating the existence of any other potential civil defendants, North Providence Solicitor Anthony Gallone said Wednesday.
