Former Fire Chief Daniel Brock will receive a $320,000 settlement from the city, the result of a wrongful termination lawsuit Brock filed after he was dismissed by Mayor Colleen Hilton in 2010.

On Monday, the City Council, in its first public reading on the matter, voted unanimously, with Councilor Dorothy Aube absent, to approve the settlement agreement. The council needs to vote on the agreement a second time at a future meeting to make it official.

City officials declined to comment on the details of the lawsuit, but according to an informational packet sent to the council in advance of Monday’s meeting, $210,000 of the settlement is covered by the city’s insurance. The remaining $110,000 will be paid for by the city’s wage savings from reduced non-union cost of living, insurance deductibles and contingency accounts.

Hilton announced in her inauguration speech in January 2010 that she would not be reappointing Brock to the position. At the time, Hilton cited a reorganization of the fire department, which was then reeling from management problems and sexual harassment lawsuits.

Brock’s lawsuit against Hilton and the city argued that she had no right to dismiss him in such a way. Hilton cited a provision in the charter that gives her the power to appoint or not appoint certain officials, including the fire chief. Brock countered that a 1967 change to the charter forces the city to dismiss him for cause in a more formal process.

Brock’s suit indicated he not only lost wages, but also suffered damage to his reputation and emotional distress. The case was originally filed in Cumberland County Superior Court on July 20, 2010, citing Hilton and the city as co-defendants. From there, the case was referred to federal court.

On May 23, Judge D. Brock Hornby ruled against the city’s motion to dismiss. Hornby, in his decision, acknowledged that the city’s charter is confusing. He noted the 1967 change did not repeal the original provision cited by the mayor, an act he called “a legislative oversight.” He called the existence of both provisions for dismissing the fire chief “facially contradictory.” Hornby removed Hilton as a defendant from the case, ruling she acted carefully and only after consulting with counsel.

In response to Hornby’s ruling, City Administrator Jerre Bryant said, city officials met with Brock at U. S. District Court in Portland on July 14, with a federal magistrate acting as a mediator. The informational packet sent to the council for Monday’s meeting indicates the move was an attempt to prevent the case from going to trial.

Monday’s vote came without comment from any member of the council. Brock declined comment this week on the vote. His attorney, Barbara Goodwin, was not available for comment.