ORONO, Maine — The town’s fire chief of six years has filed a complaint with the Maine Human Rights Commission after he was fired last week, six months before his contract was set to expire, according to his attorney.
The town terminated the contract of Fire Chief Norman “Buddy” Webb last week, according to Town Manager Sophie Wilson.
Webb’s attorney, Arthur J. Greif of the Bangor law firm Gilbert & Greif, said late Tuesday afternoon the termination was without cause and was based on Webb’s age and his plans to have surgery on both knees.
Webb, 61, declined to comment Tuesday and referred questions to his attorney.
Webb mailed a complaint to the Maine Human Rights Commission on June 13, according to Greif.
The next day, Greif said, Wilson informed Webb that his contract was being terminated.
Greif said his client “was concerned about questions [the town manager had asked] about when he was going to retire,” so Webb drafted and sent the complaint before meeting with her on June 14.
“He wasn’t about to resign,” Greif said.
Wilson said the town terminated Webb’s employment contract on June 14 “pursuant to mutually agreed upon contract provisions.” She declined to elaborate on why the contract, which was scheduled to expire in December, was terminated early.
A provision in Webb’s contract stated that the town could end his contract without reason if it paid him a four-month severance package.
Webb, who worked 29 years at the fire department, had planned to schedule knee surgery before December, but his insurance will last only until the end of June, according to Greif.
Greif argued that Webb’s termination was motivated by the fire chief’s age and a desire by the town to avoid medical costs.
“I think that if you replace older supervisors with younger supervisors, you decrease costs to the town,” he said.
Wilson said Tuesday afternoon that the town has yet to receive any notice of complaints from the Human Rights Commision. Greif claimed the town does have a copy of the complaint and that someone in the town office signed for the notice on June 14.
Wilson could not be reached for comment Tuesday evening after Greif elaborated on the complaint.
The Human Rights Commission does not release records on open cases and information is classified until the case is either administratively dismissed or listed on a commission meeting agenda, according to Cindy Albert, a case controller with the commission.
Albert said the commission can neither confirm nor deny the existence of a pending case.
Greif said he expects to hear by December whether the commission finds Webb has a right to sue.
Webb was hired by the town in 1983 and served as a firefighter for nine years before being promoted to captain in 1992, according to reports published in the Bangor Daily News. In 2005, he became deputy fire chief and assumed management responsibility for overall operations of the Fire Department. The Town Council named him fire chief in December 2006.
Wilson said fire lieutenants will continue to cover calls as they normally do and that Orono Police Chief Gary Duquette has taken over as supervisor and manager of the fire department.
Small town politics are bad in Maine, wish more town leaders were actually from Maine with good Maine values.
shameful.
Typical municipal management BS.
Orono has a long and distinguished history of canning it’s fire chiefs starting with Duane Brasslett back in the early eighties. I knew Buddy. He is a good man and a good firefighter.
Typical liberal community. The liberals scream for the farce they call Obama care that will cost the taxpayer trillions and then they deny A “Fireman” the right to health care..
They use the word firefighter when they deem it benifits them.
Hunh?????
Where does one begin ? Age, Breach of Contract, ADA, Undue Influence, the list goes on. And one can bet the farm, literally, that whoever is Orono’s Municipal Insurance Carrier wasn’t consulted before this. And again the reason for a Civil Service system is made. And the more this keeps happening, and the insurance settlement’s and payout’s keep going up, the stronger the arguement’s become. Sooner or later the MHC is gonna find out-right CRIMINAL Cause for Action in one of these complaint’s and send that case to the Fed’s. And when they do I hope that the Town or City has a real good lawyer. and a real deep pocketbook ’cause these type case’s are always precedent setting one’s. Buddy’s lawyer’s know this. Question is do Orono’s ? Given Sophie’s handling of this so far, the odd’s do not favor Orono’s chance’s.
Unfortunately it will be an uphill battle. I saw Duane fight his dismissal until he had empty pockets. There is just no protection for a management level position.
If the contract states that they can remove him without cause as long as they pay him 4 months severance pay, how has this story without much in the way of facts convinced you that this case might turn criminal?
Simple. If Webb can show that the town terminated him after he notified them that he was going to have the surgery then he just proved that the Town fired him on the basis on his availing himself of an established and proper benefit he was entitled to under the terms of his contract as a Public Official and Worker. That he did so, under existing guidelines, makes this an ADA Cause for Action. But, if it can be shown that Sophie Wilson did indeed terminate Webb, under any advice or guidance, from any of the Town Selectmen or Insurance Carrier, AFTER HE INFORMED HER OF THE NEEDED SURGERY makes this a Conspiracy to Deprive Civil Right’s under Color of Law charge (18 U.S.C. 241 AND 242). 241 and 242 each carry a 5 to 12 ‘vacation’ stretch at Dix (not really a spot I’d recommend). And if the Town itself is named, then the entire Town Select Board is subject to Federal removal and criminal prosecution, and the Town itself placed in Receivership, under the RICO Statute. East St. Louis Illinois’s Mayor and most of it’s City Council got caught in abusing their authority and are now serving time in either Coleman or Pekin. You get the Court’s, and in this case it’s gonna go both State & Federal, involved they are gonna start asking question’s. You ‘tick’ them off by being a smart mouth with a ‘My stuff don’t stink so who need’s you’ attitude like so many local Maine gov’t official’s carry around with them and you are now begging to be the subject of a Federal Investigation.
Treat your people well and you never, ever have to worry about doing something wrong or stupid. Abuse them and treat them like trash and do not ask yourself why that dog has got it’s jaw locked to your keester and won’t let go. You only have yourself, and your failure to think, to blame.
I’m not sure I understand what you said, but I like the way you said it.
I hope the town pays dearly! Sounds like the town jumped the gun and made a foolish mistake! I hope the tax payers are prepared for another tax increase. Then, to appoint Gary Duquette, the police chief, as the man in charge…….give me a break! Sounds to me like the town manager and Duquette won’t be laughing last, when they are both exposed! Let the entertainment begin!
I wish the article would get a comment from Wilson explaining why they believed the contract should be terminated. If conduct is involved, then fine. It does clearly sound to me like the richy riches of Orono got together though and decided they wanted someone new. I have never been a fan of Orono or how they do things in this town, and i was very happy to see Glenburn try and get out of the RSU with them and Veazie.
The Richy Riches, you’ve got to be kidding right? I live in Orono and make less than the average Mainer and certainly didn’t know anything about this. Do you think the manager sends out little notes saying “what do you think, should I can the fire chief and save a few dollars?” Get real.
So what you mean is “I hope the people of Orono, who didn’t know this was happening, pay dearly?” How sure are you that the town officers in your town are doing everything right? How safe are your tax dollars?
It was right there in his contract that he could be terminated without cause, I don’t see the issue. People say we have to make cut to save money, but they don’t like the cuts.
“Without cause” does not mean the employer can violate discrimination laws.
And how do you know that they did? If he can be let go without cause, it will be impossible to prove that he was discriminated against.
No it won’t. Records and notes can be subpoenaed. Witnesses can be interviewed.
All the more reason that Unions are needed.
Orono is unionized. At least is used to be Teamsters back when I worked there. Could be something different now. The chief’s position is not a bargaining unit position, hence no union protection.
Too bad for the Chief. It is a prime example of why unions got voted in to municapal, county and state government. Could you imagine the mass firing if Governor LePage had that power?
Wrong. If the chief decides to sue, then the town will have to convince a jury that they didn’t fire him because of his age.
Oh, guilty until proven innocent?
Get real. Even you aren’t that dumb. Innocent until proven guilty only applies to criminal law and someone as smart as you should know it.
if we were an at will state this wouldn’t be an issue
If Maine ever does go ‘At Will’ the Court’s would be well advised, NOW, to start expanding their staff’s and the Judge’s getting ready for some VERY SERIOUS OVERTIME when these case’s hit their docket’s. And MMA might as well get their ‘WalMart’ lawyer’s on speed dial since they are gonna be fighting the Union’s, and a good number of voter’s, on repealing any ‘At Will’ legislation. At Will does not give any manager the right to abuse their position or authority simply because they get a wild hair growing somewhere unpleasent.
The Fed’s themselves got a huge dose of this back in the 90’s when the FBI got caught deliberately ‘knocking down’ certain racially identified Agent’s Annual Evaluation’s simply to keep them in certain assignment’s that their respective Station Chief’s found ‘distasteful’ on racial grounds. That cost the FBI well over $ 10 MILLION in punitive damages (that aren’t taxable by the way !) and another $ 3 MILLION in compensatory damage’s. Add to that the massive re-write of hundred’s of Agent’s Evaluation’s, and their subsequent re-assignment’s, and the whole thing cost The Bureau well over $ 20 MILLION in costs alone.
No, At Will is at best a needed tool in only very limited and legally required position’s. And it requires, as Orono is about to find out with a very public smack in the mouth and wallet, that it requires serious and compelling reason’s for it’s use and defense. It also calls for mature reasoning and judgement. From what has been shown here, both are near extinct in Orono’s Town Government and Selectmen’s Board. To get those qualities back is gonna cost. And from this standpoint Orono is gonna be looking for a very long time and the bill for it is gonna be steep !
Chief Webb is a great manager and a professional fire fighter. Let me guess they are going to try the Public Safety Director again. They got rid of the wrong Chief in Orono.
Same town manager that while in Brownville complained to Governor Lepage about “Firefighter regulations” as red tape.
First off Orono is a “sect” liberal town…yes they are liberal but they are their own little meddling mingling liberal clan that is unlike most other “liberals” you may run into. They like to have their noses up everyone’s arse and run everybody’s life (Hutchinson, Cain, Schneider, Gordon, etc)….they like to control everything and really are not “open for business” unless you are “welcomed” into their realm of power and control. Duquette is a joke, and has no business running a police office let alone any other power wielding job in this universe. By the way look at the photos…..Doesn’t she just look MEAN?!?! Buddy Webb is a class act and doesn’t deserve this. My family has known Buddy Webb for years, and my Grandmother who was one of the sweetest people to ever walk the face of this Earth absolutely loved him.
A better decision would have been to sack Duquette, give Chief Webb his job and call Gerry Kempen and see if he’s available to come back and run the town……I’m a registered Independent btw…”Libertarian” if you will…the party of REALISM!
We in Glenburn have had a lot of issues belonging to RSU26 and dealing with Orono wanting it’s cake and eat it too. Which is why we are working to separate as is Veazie. Orono is in trouble without our funding. They need a new high school and no way to pay for it, and enrollment is down, and god forbid if they align with Old Town.
the feds will apply the law and he will recieve back pay and benefits at least –in a year or so, the town manager is inept already hope the town has a short contract
With the word ‘age’ in the headline, how is it that nowhere in the article is the age of the fire chief mentioned?
Maybe Sean Hannity is right. Journalism IS dead.
You’re right, no mention. Since he’s been there for 29 years he could only be in his 50s. I think he has a case. Wait and see what the Human Rights Commission thinks, then, probably, the judge.
Depends on if they have been there for a while or Governor LePage got around to replacing them.
Good luck to the chief good man and has done a good job for us. The town is wrong.
“A provision in Webb’s contract stated that the town could end his contract without reason if it paid him a four-month severance package.”
Which begs the question: Has the town fulfilled this provision of the contract?
Wow. Very intuitive man to have felt he needed this documented. Good for him and hope all involved in this dirty deed are shamed for this cowardly act.
I suspect he could tell from conversations where it was headed. Good for him for getting a postmark on it before the official meeting. Likely the town will try to deny any conversations that took place, and the complaint having a postmark before the meeting sure raises some questions about why he felt that way. Good luck, Mr. Webb. I sincerely hope that all individuals involved in this have now demonstrated cause to lose their own jobs. I was discriminated against in the workplace for being in the National Guard, and when I made a complaint to the HR manager, her response was “prove it.”
Most companies are a little more suttle than Orono. But they will pay because this is blatant discrimination.
Go get them buddy, i’m behind you 100%
It does not appear from this article that there is any reason for the chief to file this suit. The contract apparently allowed for the dismissal, the rest of the allegations are meaningless.
That’s probably what the town manager thought. You’re both wrong. Firing someone because of their age is illegal.
There is no evidence presented in this article that he was fired because of his age. If that is indeed what happened then I too believe he has a case.
Let me tell you, these types of things happen more than one would think. Town Administrators are usually behind most of them. We are those who have served unselfishly with low pay and put out to pasture with a kick in the teeth.
Been there and been slammed like Buddy for it too. Never quit Buddy and make’em pay since it’s the only justice you’re likely to get !
Why bother hiring a Qualified Professional when you get rid of them as soon as they disagree with you? There must be someone on the Towns welfare rolls that will agree with everything the Town Managers want.
Actually, Tom, the Orono town manager has never been poor, and is usually horrible to the people who are at their wits end and have to come ask the town for emergency assistance. She is rude, discriminatory, and absolutely has no idea what it’s like to not be able to feed or clothe your children or yourself because you’ve lost your job. She looks down her nose at those people that come to the Town because there is nowhere else for them to go. The homeless shelters are full, and they don’t take kids. You should educate yourself with true information before you open your mouth and allow the ignorant statements to roll out freely.
Thank God its Orono,s problem.Some times a person has to get hired on as town manager moveing from town to town before eventually they become accountable for improper management.
It was sarcassim… third chief I can recll, and wasnt there a police chief that sured them after be forced to take a strange test? The politics clearly state… Do as I say or go! They can pay minimum wage to anyone that only has to say yes.
Sounds like LePage’s answer to State hiring doesn’t it ?
I’m glad that Buddy is fighting this issue. Too many good people are either fired or not hired because of age. To bad that more people couldn’t stand up for the fact that age discrimination is alive and well in all areas of employment. People are too scared to “rock the boat” for fear of retaliation. Give it to ’em!!
This will cost the town more than if they had let him stay until Dec. when his contract was up. Smart move Orono. Did this article ever say what the chief’s age is?
Nice to see Phil Collins in the BDN!
Not even close. eyecare is key.LOL
Buddy I am proud of you. You’re story made the front page of the BDN and you hired a lawyer. This is sad this has to stop. It is not ok to terminate or bully and employee! More people need to take a stand on this kind of behavior!!
Seriously, the longer I live in Orono the less I like it. First RSU 26, Ha! and now this. Not much of a place to raise a family anymore, the only good thing about Orono is its history and the fact that its a college town. To anyone considering living in Orono I would say, wait til your kids are college age and move out long before youre ready to retire!!…Eeek! God forbid you need surgery! What a joke!
Maybe the town manager should shed a 100 lbs or be fired.
In the place that I worked the manager was constantly asking different workers when they were going to retire. One person finally told him that if he didn’t quit they would sue him. Of course if a new person is hired it usually saves money in salary for the company. This is becoming more and more prevalent in this recession. Town politics are bad everywhere, it’s all about the almighty dollar.
Wilson pulled the same deal in Brownville when a fire fighter fell off a roof fighting a fire,saved money on workmens comp but ran the town lawyer fee up more than the comp would have been. She has “Lawyer” on her speed dial any time anyone thinks different than her.
Colonel, you just proved, or provided the means to prove, that Webb was discriminated against based on a preconceived, and prior demonstrated, course of action by Wilson. While Brownville’s lawyer can’t comment on the ‘why’s’ of Wilson’s action’s, under Attorney-Client Priviledge, the lawyer can be compelled to provide the timeline that the event’s occured and Wilson’s direction’s. Not what she told him but what the time and outcomes were. That’s both Town Public Record and subject to Court Subpoena. Wilson’s history is about to come around like the proverbial ‘Wheel’ and catch her dead in her track’s.
Could it be because Buddy’s son went to Harvard and MIT?
I think Buddy is a good man. Something doesn’t sound quite right.
I hope the fire chief wins his case against the town. I would also sue the town manager as well.
If it’s proven that there was personal bias in this, well, you can bet the woodlot that Orono’s gonna cut her loose to swing in the wind to get out of any judgement. Problem is she did this as a Town-appointed Manager. So either way this is going to pay out to Buddy Webb. But the stink on Wilson is gonna go on for a very long time. Same for Orono.
You bet, for sure.
I cannot believe any type of discrimination would occur in the distinguished (liberal) Town of Orono !!!
I don’t know why fire and police chiefs have not figured out that the raises that the unions are getting them are forcing them out of jobs. To sit at a fire station and organize a bunch of men to fight a fire every other year does not constitute a 50K + salary! Towns and tax payers can not afford this kind of expense anymore. It is time to wake up! Government salaries are crippling American workers and we are not going to take it anymore, Town Managers making 90-120k a year, their 2 secretaries making 75-100k per year, office clerks making 40k per year. Want to get rich, work for the government! 4 months severance! Come on, what a joke. Yeah, yeah, yeah, they risk their lives, me too, every time I fly a plane or drive a car.
If you’ve ever applied for a job online (the only way you can now), you must fill in the dates of your high school graduation. That’s the way employers know your age. I guess you can lie, but if you get to an actual interview, they’ll just see you’re no kid and never call you back.
Very sad indeed. I hope he can prove his case.
Great interpretation of an interesting problem, good job Nick.
Sophie Wilson looks like a tough dude, maybe he wants his job…
Realistictly, how can I see this other than the town hoping to escape potential medical bills from the Chief’s upcoming surgeries? This is a classic move in private business.
This situation stinks to high heaven and the town manager’s actions are disgraceful. She (and her bosses) will probably regret this action because A.J. Greif is, without question, the best in the business in these cases. Shame on you, Orono!
She looks a little overweight are there guidelines for that fight to the finish Buddy .