Voters overwhelmingly approved a settlement agreement at a special town meeting last night for a former deputy chief of the West Bath fire department who sued the town and two former chiefs of the department under the Maine Whistleblowers Protection Act.
Michael Drake, of West Bath, currently a captain of the West Bath Fire Department and firefighter with the Bath Fire Department, filed a discrimination claim with the Maine Human Rights Commission in 2011, which alleged that the then-Fire Chief Michael Demers and then- Deputy Chief Barry MacArthur, took retaliatory action against Drake, removing him from his position as deputy chief.
Two settlement options were put before the town, as negotiated in mediation between a representative member of the West Bath Board of Selectmen and codefendants, and plaintiff Michael Drake. Voters approved the second settlement option 45-13, which requires the town compensate Drake $16,500, provide him with a letter of recommendation, and allows Drake to retain his position at the West Bath Fire Department.
According to the complaint, Drake alleged that Demers was misusing funds of the volunteer firefighters association and misusing equipment, “namely by charging private citizens of West Bath a fee for filling their swimming pools with water.”
Drake claims that he informed two members of the Board of Selectmen, and then-town administrator Pam Hile of the misuse, and shortly thereafter received a letter from Demers and MacArthur terminating him from the position of deputy chief, citing “tension and unhappiness” during that month.
A July 8 order on a motion to enforce issued by Justice Andrew M. Horton at Sagadahoc County Superior Court required the West Bath Board of Selectmen make a recommendation for one of the two settlement options.
The board recommended option one, which would have compensated Drake $25,000, provided him with a letter of recommendation, and required that he resign his position at the West Bath Fire Department, and removed any right for re-employment at the department.
“It is important to understand that there have been no factual findings or determinations of the merits of this case,” a statement from the Board of Selectmen available at the meeting read. “There have been no hearings or presentation of materials or evidence to any decision maker in this case.”
When the selectmen were advised that Drake had been removed from his position as deputy chief, the selectmen’s statement said, “the Selectmen found that Chief Demers lacked authority to remove Mr. Drake from his position,” which is elected by the membership of the firefighters association.
A settlement agreement was reached to limit the town’s financial exposure, which could be significant if the case went to trial, the statement added, and also risked a verdict that would “not be what a party would wish.”
Continuing to trial would also mean the town risked carrying the burden of attorney’s fees for both sides, even if found minimally liable.
“What the town’s selectmen did in recommending a settlement was smart,” said attorney Howard Reben, representing Drake. “If there is an attorney’s fee award, the … award could be considerable. My last attorney’s fee award was $50,000.”
“Smart money in this case is to have it resolved,” he said.
“There is always an economic component to a case that you have to evaluate,” said attorney Roger Therriault, representing West Bath, Demers and MacArthur. “At some point in time you reach a situation where you don’t want to spend any more money on it.
“The motivation for this, and the sole motivation of this,” he added, “is to present at a town meeting an opportunity to stop the case right now, pay what needs to be paid, and move on.”
West Bath has spent approximately $14,000 litigating this case, the bulk of which was spent preparing and filing material required by the Human Rights Commission, said Therriault.
Drake, who was present at the meeting, said he preferred the second settlement option, noting that he has been a member of the West Bath Fire Department for 25 years, following in the footsteps of his father who was also a deputy chief.
“I was quite surprised by the recommendation of the selectmen,” said Drake. “My first gut reaction was to take the $25,000 and just get out of here — the way I’ve been treated by this town for what I did is disgusting.
“But it’s not your fault, it’s not you people’s fault — I still want to help you, I still want to be there,” he said, noting that the preferred $16,500 settlement was not sufficient to cover his legal expenses.
Drake will retain his position as captain, and is also a paramedic and emergency medical services supervisor and provides training to the department. He receives a $500 stipend to retain the position of captain, and is also compensated on a percall basis. Last year, Drake said this totaled approximately $800.
rgargiulo@timesrecord.com
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