The Salem News
DANVERS, Mass. — Town Manager Steve Bartha fired fire Chief Kevin Farrell “for conduct unbecoming of a fire chief,” Bartha said in a statement Monday morning.
The town manager would not say what that conduct was, citing only “a series of poor decisions on his part,” he said in his statement.
In the statement, Bartha said Farrell’s termination comes after satisfying the procedural requirements of the state civil service law. Human Resources Director Stephen Delaney, who is serving as acting town manager this week, said a closed civil service hearing with Farrell was held about a week ago.
Delaney said he could not go into detail about the circumstances. However, if Farrell chooses to appeal his termination, “the documents we relied on become public record.”
“At this point, because it’s a personnel matter, it remains confidential,” Delaney said.
The town’s acting police chief, Capt. Patrick Ambrose, says there was an incident that involved Farrell in June that led to a two-day, unpaid suspension of Officer Suzanne Tibbetts after she reportedly looked up information on a license plate of an out-of-town resident at Farrell’s request. Ambrose could not comment on why Farrell was looking for the information.
“We believe there was no malicious intent of the officer, but she did give the information to the fire chief,” Ambrose said. The acting chief said officers “can only run registration plates for police purposes and the information can’t be disseminated out.”
Ambrose said the department received a complaint from a citizen stating that their registration plate of their car may have been run improperly. An internal affairs investigation led to information that Tibbetts ran the plate at the request of Farrell and the registration information was given to him, Ambrose said.
“It was poor judgement on her behalf,” Ambrose said. “There were no bad intentions by the officer,” he continued, “but unfortunately, she got caught up in the situation.”
Tibbetts has served on the Danvers Police Department since 2001 and she earned $82,143 in 2014.
It’s unclear whether the incident involving Tibbetts is linked to Bartha’s firing of Farrell. Bartha is on vacation and unavailable for further comment. Two calls placed to Farrell’s cell phone were not returned.
When asked if the incident involving the license plate lookup and Farrell’s termination were related, Delaney said: “I can’t answer that.”
Delaney also said it is unlikely Farrell’s firing will have any implication on his pension, which is based on age and years of service.
The effective date of Farrell’s firing was Monday, Aug. 10. Farrell, a 27-year veteran of the Fire Department, earned $132,154 in 2014, according to town records.
“This was not an easy decision for me,” Bartha said in the statement, “but it was brought on by Mr. Farrell’s own conduct and a series of poor decisions on his part.”
Bartha said Farrell has the right to appeal his decision to the state’s civil service commission. Farrell became a firefighter in 1988, and rose through the ranks to become lieutenant in 1996, deputy chief in 2005, and permanent chief in 2011.
Bartha’s statement cites state law in keeping the details of the dismissal confidential.
“Under the state public records statute, the decision to terminate relates to personnel and disciplinary matters,” said Bartha’s statement, “so the written decision itself will not be released by the town until it is used in a civil service appeal, if this occurs. Likewise, the town generally will not make any official comment regarding this matter while, and if, it becomes a matter of litigation.”
Lt. Brian Barry, the president of Danvers Firefighters Association IAFF Local 2038, declined comment on Farrell’s termination. Barry said he wanted to reassure residents that “Danvers will continue to receive excellent fire protection moving forward.”
Selectmen also declined comment.
“I can’t comment on it because it’s pending litigation, possibly,” said Selectman Bill Clark. “It’s really a shame.’
“He has rights,” Selectman Gardner Trask said, “as it says in the press release, he has rights to appeal.”
“It is what it is, and because it looks like litigation, I can’t comment,” said Dan Bennett, the chairman of the Board of Selectmen.
Acting chief named
Deputy Chief James McPherson has been appointed acting chief in the interim.
“Deputy Chief McPherson has commendably served in this capacity in the past and the town has full confidence in both him and in our highly professional firefighters, EMTs and other Fire Department personnel,” Bartha said.
“As an organization, we are focused on moving forward through this transition period and our Fire Department remains committed to delivering the same, excellent fire prevention and fire and medical aid response services that the community has long enjoyed and come to expect,” Bartha added.
On Monday, July 27, Farrell was placed on administrative leave and McPherson appointed acting chief at that time. At the time, Bartha would not say why Farrell was placed on leave.
McPherson, a veteran Danvers firefighter, previously served as acting chief in 2012, when he held the rank of captain, after Farrell was arrested in Groveland on domestic abuse charges following a series of incidents at the home of his estranged wife. Former Town Manager Wayne Marquis placed Farrell on paid administrative leave and appointed McPherson to serve as acting chief.
During the initial incident, Farrell’s lawyer told a Haverhill District Court judge the fire chief was suffering from personal and professional stress, for which he sought treatment.
In August 2012, a Haverhill District Court judge dismissed charges of domestic assault and battery and witness intimidation against Farrell, after his wife refused to testify against him. Farrell was reinstated as chief in October 2012, four months after being placed on leave, after he was medically cleared to return to duty following a brief stay at a residential facility and counseling.
Farrell, a Danvers native, was appointed fire chief in 2011 after spending a year as acting chief after the retirement of former Chief James Tutko.
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