WESTBROOK – Two female firefighters who made charges of sexual harassment and discrimination against at the Westbrook Fire Department will receive a total of about $850,000 between them in separate settlements with the city.
The payments to firefighters Lisa Theberge and Kathy Rogers, who made their claims two years ago and subsequently filed state and federal lawsuits against the city, will be for lost compensation such as overtime and sick time, damages, attorney’s fees and other costs. In exchange, the firefighters will drop their legal claims against the city.
Of the total payment to settle the claims of the two women, the city of Westbrook is responsible for nearly $228,000 or about 27 percent. The city’s insurance carrier, the Maine Municipal Association, will cover the remainder, which is about $620,000 or 73 percent.
The city already has paid a deductible of $20,000 ¬- $10,000 apiece ¬- for the two women’s claims.
Details of the settlement agreement were released by the city on Friday, Sept. 3, after the American Journal filed a request for the information under the state’s “Right to Know” law.
In September 2008, the two firefighters were put on paid administrative due to what they say was a hostile work environment at the fire department. Theberge returned to work this June, but Rogers will remain on paid leave until she retires this fall, according to her settlement agreement.
That agreement calls for Rogers to be retroactively promoted to the position of lieutenant as of Jan. 1, 2008. She then will retire from the fire department this November, when she will have put in 20 years of service. Her retirement benefits will be based on a lieutenant’s salary of $70,000 per year for the past three years.
As part of Theberge’s settlement agreement, the city also has promised to install surveillance cameras and security equipment at the city Public Safety Building and at Station 3 on Bridgton Road.
The Westbrook City Council on Monday, Aug. 30 gave preliminary approval to the two settlement agreements. A second, final vote on the agreements is expected at an upcoming meeting, probably the council’s next regular meeting, set for Sept. 13
The council’s unanimous first reading vote on Monday authorizing the settlements took place with no discussion by councilors and details were not revealed.
City Administrator Jerre Bryant and the firefighters’ lawyer, Rebecca Webber, declined to comment, saying details of the settlements were confidential.
The agreements contain strict confidentiality clauses. Even Theberge and Rogers are barred from discussing the terms of the agreements except with their attorneys or financial advisors. The two women are also allowed to reveal the terms to their husbands, but only if those men also sign confidentiality agreements as well.
City officials also are required to keep the terms of the agreement secret. However, the agreements state that the city is allowed to disclose the terms if required to under the state’s Freedom of Access statute.
The American Journal requested the information under that law and the city released copies of the agreements on Friday. In a statement accompanying the copies, Bryant, the city administrator, wrote:
“We have determined that these settlement agreements are public information and copies are enclosed. The terms of the settlement agreements speak for themselves, are acceptable to all parties and the city will have no further comment on these matters.”
Bryant and Bruce Chuluda, the former mayor of the city, were named as defendants in the lawsuits. The settlements state that two officials deny liability for the charges, and that the settlements are not an admission of liability by either of them.
Sexual harassment had been an issue in the fire department for decades, but the charges that Theberge and Rogers made two years ago brought it to the forefront. Their complaints alleged obscene and discriminatory behavior in the department, which they said included masturbation in the fire station and inappropriate touching of victims being transported in a rescue vehicle.
Their charges led to a city investigation and the punishment of seven firefighters in December 2008.
Then, at her inauguration this year, Mayor Colleen Hilton vowed to re-invent the fire department. She did not re-appoint the fire chief and the deputy chief.
The city in March hired two temporary leadership consultants – Chief Michael Pardue and Deputy Fire Chief Sandra Hillsgrove – to head the department, and all fire department personnel underwent training in harassment prevention and communication.
The city also said its plan was to create an environment where the two firefighters could return to work.
Theberge, who has been with the department about 11 years, returned to work this summer as that training, for which the city paid about $40,000, was wrapping up.
Send questions/comments to the editors.
