Fired Dalton Chief Files Lawsuit Against District

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — Christian Tobin, who was terminated as chief of the Fire Department, wants his position back along with damages in a lawsuit filed against the Fire District and its officials. 
 
The case was filed with Berkshire Superior Court on May 14 by attorney Elizabeth Quigley, on behalf of Tobin, who is alleging a breach of contract and wrongful termination. 
 
The board unanimously voted to terminate Tobin in January following allegations of sexual harassment, grant overspending, and "employee concerns."
 
The suit is against the district, the three members of the Board of Water Commissioners — Chairman James Driscoll, Camillus Cachat Jr., and Michael Kubicki — and the district's treasurer and clerk, Melanie Roucoulet.
 
Tobin has asked for a jury trial. In addition to the reinstatement of his position, he is seeking damages, back pay, additional interest, and attorney fees. 
 
Tobin asserted multiple accusations in the case filing against the Fire District of falsification of records, policy and compliance violations, Open Meeting Law violations, retaliation civil conspiracy, lack of cause for termination and an improper investigation. 
 
One thing that Tobin claims in the lawsuit and during his administrative leave is that he worked to rectify unlawful departmental practices and financial misconduct. 
 
Tobin alleges that in July 2024, he discovered the department had a negative budgetary balance, but did not know the exact amount at the time. However, he says he suspected possible wrongdoing by the Fire District officials. 
 
He claims that it was at this point, that Driscoll and other board members told him to manage things the "Dalton way."
 
"Chairman Driscoll further cornered [Tobin] in the Fire Chief Office and reinforced the 'Dalton Way' position before advising [Tobin] that steps would be taken, if necessary and complaints were mounting," the lawsuit states. 
 
When Tobin inquired about these complaints he was told they were confidential. 
 
In February 2024, Tobin decided to restructure ambulance services by eliminating the paid ambulance director position, which had a salary of $65,000, and delegate the role into a "multifaceted ambulance administration."
 
Tobin claims that this would save money which would be would be used to "re-outfit existing members with Personal Protective Gear and also compensate them for the additional tasks," the lawsuit said. 
 
In the suit, Tobin alleges that person next in line to fill the ambulance director position then made complaints to the board. 
 
"It is alleged that Morgan McDonough advanced complaints about [Tobin] to the Board alleging improper conduct after she learned about the restructuring of the position," the lawsuit says. 
 
"Note that shortly after [Tobin] was placed on administrative leave, the ambulance restructure  was reversed and said Morgan McDonough accepted the job from now Acting Chief [Michael] Cachet."
 
In July, Tobin requested clarification on managing things "the Dalton Way" in a letter that was met with silence, the suit said. 
 
Tobin's letter alleges several issues including "falsification of records for state and federal grants, missing funds and fire equipment, unauthorized disposition of vehicles and equipment, significant  financial debt, inappropriate behavior and sexual relationships within the fire station and between employees," according to the lawsuit.  
 
Additionally, "misuse of public funds for personal travel, hotels  and dining, state and federal wage violations that remain unaddressed, previous  and ongoing open meeting violations, kickbacks on fire department purchases and  other improprieties." 
 
The lawsuit said Tobin didn't release the letter to the public in the hopes the board would address the issues. 
 
"It is alleged the board was becoming worried by [Tobin's] suggestions, investigations, and concerns [and] conveyed to [Tobin] that there were alleged complaints about him, morale was low and [he] had been shirking his duties," the lawsuit says. 
 
"Kubicki, personally, conveyed to [Tobin] that is how the last chief got fired. [Tobin] asserts that it implied onto him to either conform or be fired. It was clear steps were being taken to control [him] and exert pressure to bend to the Board’s possible illicit practices." 
 
Eventually, Tobin claimed Roucoulet informed him that the negative budgetary balance was $183,084, which was attributed to overtime. 
 
On Aug. 8, 2024, Tobin was placed on paid administrative leave, which the lawsuit claims is "directly after" he suggested a forensic audit. 
 
This leave was anticipated to last four weeks but became indefinite in September, pending a third-party investigation.
 
At the end of August 2024, an audit conducted by Thomas Scanlon of Scanlon & Associates asserted that the district had a deficit of approximately $165,000. 
 
It was said then that this deficit stemmed from overspending in the fire and ambulance budgets for fiscal years 2022 and 2023, primarily because of overtime expenses for firefighters and emergency medical technicians.
 
Tobin claims that the board prompted him to "look the other way" to "the financial practices and workplace standards violations at the department," and when he didn’t, they terminated him in retaliation. 
 
In the lawsuit, Tobin claims that the investigation by Kerry Gilpin of Comprehensive Investigations and Consulting was rushed, biased, and lacked substantial evidence. 
 
Tobin claims he was never contacted during the investigation, and was unaware of allegations against him, and was unable to rebut or contrast the report's conclusions or its findings. 
 
To date, Tobin is unaware of the specific alleged improper conduct complained about, as the board refused to release the investigative report and conclusions, according to the lawsuit, and that he was only provided with alleged unsigned complaints. 

Tags: fire chief,   lawsuit,   

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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