State Upholds Firing of Massachusetts Firefighter

The state Civil Service Commission has upheld the dismissal of a Falmouth firefighter whose termination stemmed from allegations he engaged in sexual conduct at the firehouse.

A May 31 decision from the commission stated the town's decision to fire Mark Waugaman, who served as a firefighter for a decade, on the basis of conduct unbecoming of a firefighter and untruthfulness was justified.

"(The commission does not) modify a termination that is rationally supported by substantial evidence of the serious misconduct that was proved," the decision said. "Accordingly, the appeal of the appellant, Mark Waugaman, is hereby dismissed."

The ruling came after the commission reviewed four days of hearings held after Waugaman appealed his 2009 termination.

The situation surrounding Waugaman's firing dates back to 2005, when his relationship with a married woman, cited in the decision as "Mrs. J," took a turn when she gave her cellphone number to the then-firefighter, who was also married, according to commission documents.

What began as texting evolved to rendezvous at the beach and ultimately a more than yearlong sexual affair, during which they had sex in locations including parking lots at public beaches and nearby homes where Waugaman worked a second job as a landscaper, the decision said.

Firefighter Russell Ferreira, Waugaman's shift partner since 2004, learned of the affair in January 2006 when Waugaman showed him some of the text messages he exchanged with Mrs. J, according to records.

After several personal and professional spats with Waugaman, Ferriera, who by then was no longer Waugaman's shift partner, emailed then-Fire Chief Paul Brodeur in July 2008, accusing his former partner of engaging in sexual conduct with a woman inside the East Falmouth firehouse, documents say.

"Mark's conduct of sneaking unrelated women into the station at all hours (of) the night ... (should) be addressed," the email from Ferriera to Brodeur said. "I refuse to have Mark's new partner be put into the same predicament that I am forced to be part of."

Brodeur launched an investigation into the alleged conduct in February 2009.

During the investigation, Waugaman admitted to having an extramarital affair with Mrs. J but denied ever bringing her inside the firehouse, documents say.

According to the commission's account of Mrs. J's statements, when the two began meeting at the fire station, she did not enter the house.

"Mrs. J described a progression from meeting Firefighter Waugaman outside, behind the station, to coming inside the apparatus room when the weather got colder and, eventually, going to his bedroom," the commission's decision said. "She said they talked, kissed and hugged and, eventually, engaged in sexual relations."

After Brodeur concluded his investigation, he placed Waugaman on administrative leave, citing his alleged sexual relations on duty and untruthfulness, according to the commission's decision. Then-Town Manager Robert Whritenour ordered Waugaman fired on June 30, 2009.

Copyright 2012 - Cape Cod Times, Hyannis, Mass.

McClatchy-Tribune News Service