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Brett Webster's avatar

Thanks for getting this Doug. Unfortunately, I see this all as a continuation of a very bad scenario. Mistakes were made yes, but continuing to draw this out seems to just add to the pain and suffering, especially for the Vilchocks.

Unfortunately, I would assess 90% of the case asserted in the Demand Letter to be moot and the lawyer representing the former chief should know that. Specifically, "(a) fail to exercise reasonable care in PUBLISHING".

I haven't seen any information that would suggest THE TOWN published the termination letter. It was however published here: https://nottingham.substack.com/p/fire-chief-and-lieutenant-termination.

Only Doug can answer where those letters came from but it seems likely they were sourced from the Vilchocks or came from Facebook. The Vilchocks are highly unlikely to succeed on a case that hinges on their decision to share a confidential termination letter with third parties. Now if the Town published these letters than full speed ahead, there is a highly concerning liability there and I would expect the Town to settle... But I don't think the Town did that. The Town will not be liable for a private letter discosed only to the plaintiff and contained within a confidential personell file. I'm not defending or disputing there may be carelessly incorrect information in that letter BUT that alone does not create liability given the confidential nature of the letter. It's also important to note while the investigation didn't make certain conclusions that does not prevent the BOS from making them based on direct information received to the TA prior to the investigation starting... Not necessarily wise and kinda makes the investigation a waste of money, but legally within their rights. (Why pay an investigator to investigate something if the Board (in their view) already had sufficient evidence to conclude?). Also to clarify, testimony of a single member of the board does not carry the authority of the Town because of quorum.

Perhaps there is a case to be made against the individuals mentioned... But there is also a danger those two individuals can provide evidence to support their testimony and prove what they allege is true. That would then expose the Vilchocks to a counter defamation suit. Unfortunately, I see this as an everyone loses scenario.

Side note: Thanks Doug for all the recent reporting and articles.

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V Christinziano's avatar

Outstanding work Doug, thank you for your investigative reporting holding the town govt accountable

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