SOUTHAMPTON — A Southampton deputy fire chief placed on administrative leave in 2015 has filed civil action against the town alleging that the fire chief and Select Board members violated state whistleblower statutes and subjected him to emotional and financial distress.
In the complaint filed in Hampshire Superior Court on Tuesday, Kyle Miltimore says — in his capacity as deputy fire chief — it was his job to ensure drug management protocols were abided by. When he discovered that the department was not in compliance with drug record-keeping procedures for paramedic ambulance services, Miltimore notified the town and the Department of Public Health, according to the complaint.
After notifying the town and state of the possible errors, Miltimore says in the complaint that Fire Chief JohnWorkman’s “hostility, aggression and threats” toward him began to escalate where he felt unsafe at work.
In the complaint, Miltimore requests, among other things, that unspecified damages be assessed; that he be reinstated; and that the court issue a restraining order that would prohibit the named defendants in the case “from engaging in any further acts of retaliation,” court documents state.
Meanwhile, Workman, who is listed as a defendant in the complaint, previously said that Miltimore’s absence from work in 2015 was partly to blame for the ambulance problems. But Miltimore contends in the complaint that he had, indeed, alerted Workman to the problems.
The complaint also goes on to say that Workman was involved in an altercation of sorts in which Workman allegedly “assaulted” another employee. When it was learned the other staffer was pursuing charges, Workman approached Miltimore in February 2015, and insisted Miltimore offer a statement to authorities regarding the assault, according to the complaint.
“You are a deputy chief, you have to have my back,” Workman reportedly told Miltimore, according to the complaint. But Miltimore refused to comply, citing he had not been a witness to the alleged altercation. Workman continued to pressure Miltimore, according to the complaint, threatening to terminate him if he did not cooperate.
When reached by phone, neither Miltimore nor Workman offered comment for this story.
After Workman reportedly began pressuring Miltimore, Miltimore complained in a letter to the town administrator that the chief was repeatedly insisting he be untruthful and that he was threatening his employment status, the complaint says. Even after he formally complained, Miltimore says the Select Board members stood by and did nothing to remedy the toxic work environment or his issues with the chief.
Select Board members Shannon Cutler, Charlie Kaniecki, James Labrie, John Martin and Jacqueline Sears are also listed as defendants in the suit. None of the officials offered comment for this story when contacted by a Gazette reporter.
Miltimore scaled back his hours February through May in 2015 to avoid interacting with Workman, he contends in the complaint. He requested leaves of absence from May 14, 2015 through Aug. 3 of the same year, court documents show.
Workman allegedly told Miltimore not to return to work on Aug. 3, 2015, until a disciplinary action hearing could be held against him for alleged violations of department policies and insubordination, the complaint states.
That hearing never happened and in October of 2015, the town claimed Miltimore had “abandoned” his employment or was terminated, though officials have not substantiated any termination to date, the complaint shows.
The Select Board was also reprimanded by the state attorney general’s office in March for violating Massachusetts’ Open Meeting Law last fall when it exceeded its authority to act in closed session by taking steps to fire Miltimore in a Sept. 20 executive session, Assistant Attorney General Jonathan Sclarsic ruled.
The sessions, which were in August 2015 and September 2016, were closed and, therefore, did not afford Miltimore the opportunity to be present at said meetings, according to the ruling.