By Shawn Regan
The Eagle-Tribune
HAVERHILL, Mass. — Fire Capt. Paul Weinburgh was paid $90,000 to drop his federal lawsuit against the city and fire Chief Richard Borden.
The suit, which was filed in 2006, alleged that Weinburgh was harassed by Borden after a dispute over a promotion between Weinburgh and another firefighter led to the chief having to move from New Hampshire to Massachusetts. The suit also alleged city officials did nothing to stop the harassment.
The case was settled in December, but neither side revealed it had been resolved until recently.
In settling the case, the city and Borden denied any wrongdoing or liability.
“It is expressly understood that the settlement ... is made solely in order to avoid the costs and expenses of further litigation of all pending claims,” the agreement reads.
Weinburgh, who is president of the firefighters union, has been out of work on paid injury leave since he hurt his left knee on Jan. 19 responding to a medical call. The knee was operated on April 3 and Weinburgh said he expects to return to work June 1.
The lawsuit was filed under the so-called whistle-blower law, which is supposed to protect people from retaliation when they expose illegal or improper activity.
The complaint also accused Borden of slander, libel and civil rights violations. Borden has refused comment on the lawsuit.
The case’s origins go back to 2003 when Weinburgh exposed the out-of-state residency of a firefighter with whom he was competing for a promotion. As a result, the city discovered Borden also was living out of state. Borden, who was a deputy chief at the time, was forced to move from New Hampshire to Massachusetts. Haverhill firefighters are required to live in Massachusetts, either in Haverhill or within 10 miles of the city.
In August, Haverhill City Solicitor William Cox said the city did not intend to settle the case.
Last week, Cox said the city settled the case at the insistence of its insurance company, which paid most of the settlement amount, he said.
“The case could not have been settled without the city’s consent, but if we went against our insurance company’s recommendation, the city would have to pay all the attorney fees and, if we lost, any amount over the proposed settlement,” Cox said, adding attorney fees could have topped $50,000.
Weinburgh declined comment on the settlement on the advice of his attorney, he said.
In 2006, Mayor James Fiorentini ordered the Haverhill Police Department to conduct its own investigation of Weinburgh’s allegations against Borden. Police Deputy Chief Donald Thompson led the probe and submitted a written report to Fiorentini. The mayor refused to release the report, however, and the judge in the case approved a request by city lawyers to keep it secret.
Fiorentini did not respond to requests to comment on the settlement.
Weinburgh has a history of run-ins and controversies with Fiorentini. Last summer, the mayor docked Weinburgh $700 for taking unapproved “union” time off from work to organize a national firefighter competition in the city.
Weinburgh’s rank as captain also is temporary, despite the fact the promotion has been validated by a state appeals court. Weinburgh has complained to the state Civil Service Commission that Fiorentini has kept the promotion temporary for more than a year for “personal” reasons. The commission has yet to rule on the complaint.
In March, the city reviewed Weinburgh’s current injury-leave status after Weinburgh appeared in a newspaper photograph handing out newsletters at the Bradford fire station. It was part of a campaign by firefighters in opposition to Fiorentini’s plan to close the station due to budget problems.
The city required Weinburgh to get second and third medical opinions about whether he was fit to return to work for light duty, Weinburgh said. When the fire chief did not agree with the recommendation of the third doctor, Weinburgh said he used vacation time to stay out of work until his operation, after which he went back on paid injury leave.
“I’m doing physical therapy three days a week, plus working out on my own to get back to work as soon as possible,” Weinburgh said last week.
Copyright 2009
The Eagle-Tribune (North Andover, Massachusetts)