As Police Chief Bill Baker attempts to untangle the web of problems facing the Westbrook Fire Department, firefighters have indicated they’ve received one order loud and clear: Don’t talk.
Both the city’s lawyer and the lawyer representing the two female firefighters who requested leave in October due to what one described as “a hostile work environment,” are seeking out members of the department who have made public comments on the Internet about the firefighters.
Anonymous comments have been posted online during the last few weeks on both Current Publishing and the Portland Press Herald’s Web sites, and firefighters said this week they’ve been told by city officials not to talk about the problems in the department.
A letter posted anonymously on www.keepmecurrent.com by an alleged Westbrook firefighter, which has since been removed, made accusations about members of the department who were complaining to the city about the work environment.
In response to that posting, Rebecca Webber, who represents the female firefighters, Kathy Rogers and Lisa Theberge, wrote last week in a letter to the American Journal that the complaint made about a movie played in the fire deparment and referenced in the anonymous posting – “Nine Lives,” which is set in the Los Angeles gay community – “was that it was pornography, not that the pornography was more about one sexual orientation than another.”
The city’s legal counsel subsequently asked the American Journal’s attorney for the name of the person who made the anonymous post. That name cannot be determined, according to Brendan Moran, executive editor at Current Publishing.
City Administrator Jerre Bryant said he could not comment on the current situation in the fire department, either, but said that city employees should be able to file complaints without being retaliated against. He said making negative public comments about people who make complaints is considered retaliation and “any retaliation is not tolerated” by the city.
Bryant confirmed that five members of the department remain on leave, including the former chief, Gary Littlefield, whose leave will end when his retirement begins at the end of November.
Though Bryant confirmed Rogers and Theberge were on leave last month, he, too, is choosing his words more carefully. He said there have been no changes in regard to who is on leave, but wouldn’t name any of those members of the fire department specifically, citing employee confideniality rights. He did, however, confirm that Rogers and Theberge are not currently working as firefighters.
Meanwhile, Baker said he’s examining the department’s needs, starting with the basics, such as training programs and equipment, as the department has an “internal dialogue about what’s working and what can be improved.”
Baker took over as interim fire chief late last month, after the city announced Littlefield would be on administrative leave until his retirement, which he announced abruptly at the beginning of October – not long after Rogers and Theberge asked to be put on administrative leave.
Though Littlefield has maintained that his retirement had nothing to do with the female firefighters’ leave, he had been named in a previous lawsuit Rogers brought against the city in 2004.
Rogers’ complaints about her treatment in the department in the last 20 years have resulted in two settlements with the city – once in 1994 and again in 2004, when she received $76,000 over five years, as well as 540 hours of sick time and $39,000 for legal fees.
Rogers said she had been subjected to lewd, sexist comments and that her seniority hadn’t been honored, as it had been for male firefighters. She said she was routinely assigned to cover an ambulance as a medic, rather than the ladder truck as a firefighter, which she preferred.
The two settlements followed decisions by the Maine Human Rights Commission in favor of Rogers. The commission wouldn’t confirm that Rogers had filed another complaint, because there has been no completed investigation presented to the commissioners, who will meet next on Monday, Dec. 8.
Theberge filed a notice of claim with the city in September, indicating she is seeking damages, under the Maine Human Rights Acts, due to “sexual harassment, hostile work environment, discrimination on the basis of gender, retaliation, and whistle blower discrimination.”
“This whole period has been traumatic for people on all sides of it,” Baker said, but added that he remains optimistic about the future of the department.
According to Bryant, applications for the fire chief’s position were due by Monday. Until someone is hired, Baker is determined to do what he can to help the department run effectively.
“I’m trying to restore morale and boost their confidence and refocus their energy on doing what they do best,” Baker said.
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