By Ethan Forman
The Salem News
DANVERS, Mass. — Former fire Chief Kevin Farrell has appealed his firing by Town Manager Steve Bartha, setting the stage for a process in which Farrell could try to win his old job back.
So far, the town has not said why the veteran firefighter was fired other than a statement on Monday that read, in part, “it was brought on by Mr. Farrell’s own conduct and a series of poor decisions on his part.”
State Civil Service Commissioner Christopher Bowman said in an email the commission had received an appeal from Farrell on Thursday, Aug. 13. Farrell was terminated by Bartha this week “for conduct unbecoming of a fire chief,” but little further explanation was given on what actually occurred.
Bowman responded Friday to a public information request filed this week by The Salem News as to whether Farrell had appealed his termination and for copies of other records that may be available, such as docket number information and schedules for any potential hearings.
The town’s human resources director, Stephen Delaney, previously said Farrell was terminated after the town held a closed civil service hearing in recent weeks. Bartha said in his statement the town has satisfied “the procedural requirements of the Massachusetts Civil Service Law” in taking the step to terminate Farrell’s employment.
Bartha has appointed Deputy Chief James McPherson as the acting chief for the department.
Farrell had “within 10 days after receiving written notice of such decision” of his termination to file an appeal with the commission, said Bowman via email. The effective date of Farrell’s firing was Monday, Aug. 10.
Farrell’s appeal would be docketed within one business day and a hearing will be scheduled within 30 days at the commission’s Boston office, Bowman said.
Whether the hearings will be open to the public remains to be seen.
Hearings are public if either party requests this in writing, Bowman said. The commission has not received such a request from either Farrell or the town “to deem this a public hearing.”
“As such, the pre-hearing and potential full hearing on this matter is not a public hearing at this time and the documents submitted related to such hearing(s) are not public,” Bowman wrote. Decisions, however, are public and are posted on the commission’s website.
The town agrees Farrell has a right to appeal to the civil service commission and has said that under state public records law, “the decision to terminate Farrell relates to personnel and disciplinary matters,” so the town would not release the written decision until it is used in a civil service appeal.
While the exact reason for Farrell’s termination remains unclear, the Danvers Police Department has acknowledged it conducted an internal affairs investigation in which Farrell admitted to asking a police officer to run the license plate of a truck parked at his home and acquiring the owner’s name. This violation of a police department policy resulted in a two-day suspension for the officer.
Dan Bennett, the chairman of the Board of Selectmen, said the town has said “if he does appeal, it’s his right to do so.”
“Everything will come out at that point in time,” Bennett said, “if there is a hearing, if there is anything else to come out.”
The town cannot advertise for a permanent chief until there is a final decision on Farrell’s appeal, Bennett said.
Farrell became a firefighter in Danvers in 1988, and he rose through the ranks to become lieutenant in 1996, deputy chief in 2005, and permanent chief in 2011. Town records show he earned $132,154 in 2014.
Without saying why, Bartha placed Farrell on paid administrative leave on July 27 and appointed veteran firefighter McPherson as acting chief.
Bartha was reportedly on vacation this week, and Delaney was appointed acting town manager until Aug. 17. An email was sent to Bartha’s work email seeking comment on Farrell’s appeal.
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