Judge: ME Town Legally Terminated Fire Chief

OGUNQUIT, ME—A York County Superior Court judge has ruled in favor of the Town of Ogunquit, saying Town Manager Pat Finnigan acted legally when she fired former Fire Chief Mark O'Brien last fall.

O'Brien filed a complaint against the town last November claiming that there was no evidence of "just cause" presented, and he was not afforded due process by Finnigan when he was terminated on Sept. 18, 2018.

A contentious public appeal hearing was held by the Board of Selectmen the following Oct. 9 at O'Brien's request, with the board ultimately upholding his termination by a 3-2 vote.

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In a 14-page written decision, York County Superior Court Justice Wayne Douglas denied O'Brien's claims, ruling that Finnigan's actions in terminating O'Brien were legal and his due process rights were not violated.

The Court also ruled that the Select Board did not violate O'Brien's rights in their decision not to reappoint him as the town's Emergency Management Director (EMA).

"The Court concludes that the Town Of Ogunquit's action terminating Mark O'Brien as Fire Chief was not violative of due process and was supported by competent record evidence, and that (O'Brien's) rights were not violated in connection with the town Select Board's decision not to reappoint him as EMA Director," the ruling reads.

"As with most employment cases involving the termination of a person's employment, there is no joy in this decision," Finnigan said. " We are, however, gratified that the court considered this case very thoroughly and found in the Town's favor in all aspects, including that the Town afforded the employee his full due process rights in every respect."

O'Brien's complaint, filed on his behalf by attorney James Clifford of the Clifford & Clifford law firm in Kennebunk, asked the court to vacate Finnigan's decision and send the matter back to the Select Board with orders to reinstate him as Ogunquit's fire chief with back pay, full benefits and paid legal fees.

Clifford and O'Brien did not respond to requests for comment for this story prior to deadline.

During the appeal hearing last October, Finnigan testified before the Board of Selectmen saying that firefighters had complained to her that O'Brien was having more frequent angry outbursts and yelling at them. She said there were also concerns brought to her about safety, careless administration of the department and O'Brien's unprofessional manner with firefighters which created a toxic work environment.

O'Brien claimed there was no attempt by Finnigan to raise any of these issues with him and that he did not know the reason for his termination.

O'Brien was put on paid administrative leave by Finnigan on June 27, 2018 during an investigation conducted by town attorney Ann Freeman from the Bernstein Shur law firm.

In his decision Douglas said Finnigan "acted within her authority in placing (O'Brien) on paid administrative leave and conducting an investigation. O'Brien was provided written notice of the initiation of the investigation into allegations of misconduct. The notice advised that the town was contemplating disciplinary action against him. An investigation was conducted. A report of that investigation was prepared and furnished to him. He had an opportunity to respond both in writing and at a meeting with the Town Manager where he was represented by counsel. The Town Manager based her decision on the report's findings and conclusions, as well as O'Brien's responses thereto."

"I wish this hadn't had to go to court, but we felt the town had conducted everything properly, and having a judge come to this decision validates that," Finnigan said.

A year-long battle between people who supported Finnigan and the Select Board, and those who supported O'Brien morphed into a deep divide among Ogunquit residents. The tension played out largely on social media, spilling into public meetings where emotions have run high with anger, finger-pointing and name calling.

The three selectmen who voted in support of upholding O'Brien's firing, Charles "Bunky" Waite, Madeline Mooney, and Bob Winn, were the subjects of a recall effort by a citizen's group upset with the decision. All three retained their seats following a special election in June. Wait announced his resignation from the board earlier this month, citing a "private matter." An election to appoint his replacement will be held in November.

"The fall-out from this personnel matter created a distressing time for the community," Finnigan said.

She expressed her hope that the healing would continue as people work together for the good of the town.

A year after O'Brien's departure Finnigan said the Fire Department has been through a difficult time, but is doing well under the leadership of interim Fire Chief Ed Smith, and they're "a cohesive group, looking toward the future."

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