RANDOLPH - Fire Chief Charles Foley says in a federal court lawsuit that selectmen violated his rights under the state and federal constitutions when they suspended him for three weeks for statements he made at a fire that killed two boys.
In the suit, Foley is seeking at $6,100 in pay he lost because of the suspension, legal fees and costs, compensatory damages for "emotional and physical pain and suffering," compensation for loss of reputation and earning potential, interest and punitive damages.
Filed on Friday in U.S. District Court in Boston, the suit has been assigned to Judge Patti B. Saris.
Named as defendants in the suit are the town and all five selectmen in their official capacity. Selectmen James Burgess and Maureen Kenney are also being sued as individuals.
Selectman Chairman Paul Connors told a reporter today he had not known the suit was filed and did not want to comment on it.
"But we anticipated it was coming. We have read that Chief Foley would be suing the town," Connors said.
On Sept. 10, selectmen voted to suspend Foley for "inappropriate" comments about fire department staffing to the news media at the fire scene. He was also disciplined for shoving a copy of a newspaper story at Burgess when the selectman came to the fire scene.
Half-brothers Emmanuel Labranche, 17, and Valensky Duguaran, 10, died while trapped in their second-floor bedroom as a fast-moving fire swept through the Cape-style house on Union Street early in the morning of May 17. The state arson task force is offering a reward of up to $5,000 for information on how the fire started.
In the 14-page complaint, Foley said he has a legal obligation to "report to the town the condition of the department with his recommendations." Foley said the same things that day that he had in reports to officials and residents in his five years as chief, objecting to reductions in the department from 55 to 50 firefighters.
"The town subjected the chief to retaliatory action because he disclosed and/or objected to a practice - inadequate staffing of the fire department - which he reasonably believed posed a risk to the public health, safety or the environment," the suit claims.
The suit states that in addition to violating Foley's constitutional rights, the suspension violates the state's so-called whistle-blower protection laws.
Burgess and Kenney are named as individual defendants for bringing the disciplinary action against Foley.
"In bringing retaliatory disciplinary charges against the chief, Kenney and Burgess, jointly or separately, intentionally interfered with Foley's contractual and/or advantageous economic relationship with the town for an improper purpose or by improper means, without right or justifiable cause and/or with expression of actual malice," the suit states.
The suit states that under the "strong chief" law under which Foley was appointed, the board lacks the authority to suspend the fire chief.
"The appointing statute only provides for the dismissal of the chief for cause - the statute does not authorize suspension or any other kind of discipline, except dismissal for cause," the suit states.
Foley is represented by lawyers Kevin Powers and Linda Evans.
Republished with permission from The Patriot Ledger
