Town Lacks Written Complaint Against Fire Chief & Lieutenant

Investigation stalled as parties refuse to agree on conditions.

The investigator hired by the town to conduct the investigation of the Fire Chief and Lieutenant has revealed that the town has no written complaint against them.

According to the Fire Department bylaws, a complaint coming from a member of the department must be put into writing. So, either the complaint is from someone who is not a member of the department or the town is not following the bylaws.

The town’s personnel policies are more ambiguous on this point, but it seems that any complaint from an employee that rises to the level of the Board of Selectmen, as this complaint has, must be in writing. So, either the complaint is from someone who is not an employee of the town or the town is not following its own personnel policies; although, as the policy manual says, the town is not legally bound to follow its own policies. 

As there is no police investigation, the complaint is presumably not criminal. 

The Fire Chief and Lieutenant have been on paid administrative leave since March 23. The investigation appears to be stalled. The investigator is insisting that the Chief and Lieutenant make themselves available for questioning without having their lawyers present and without being informed prior to questioning what complaint was made against them. The Chief and Lieutenant, following the advice of their legal counsel, are refusing to cooperate under these conditions. Presumably, the Board of Selectmen is aware of what is stalling the investigation and they support the investigator’s position. The town’s attorney has told the Chief and Lieutenant that if they continue to refuse these conditions the investigation will proceed without their input.