Ex-Marshfield fire chief wins lawsuit: Town's actions were 'extreme and outrageous'

MARSHFIELD – Former fire chief Kevin Robinson has won a settlement of more than $1.5 million in a lawsuit alleging he was pushed out as fire chief in 2015 in retaliation for lodging internal complaints. The suit's other charges also include age discrimination.

Lawyers for the town officials named as defendants in the case say Robinson resigned because he was facing “credible disciplinary action” for violating state ethics rules. Rocco Longo was town administrator at the time of Robinson's departure from the department.

A jury in Plymouth County Superior Court ultimately found that town officials retaliated against Robinson and their actions were "extreme and outrageous."

Robinson left the Marshfield Fire Department in 2015

Robinson in 2015 opted to retire from the Marshfield Fire Department amid allegations that he violated the state Conflict of Interest law.

Selectmen placed Robinson on paid administrative leave in March 2015 following a closed-door session to investigate “charges of criminal misconduct,” including the state conflict-of-interest law. Robinson later announced his retirement.

Executive session minutes obtained by The Patriot Ledger through a public records request at the time showed that Marshfield Firefighters Local 2568 filed a grievance regarding concerns about the training and readiness of then-firefighter Shauna Robinson Patten, the chief’s niece, and how the situation was handled.

Labor counsel John Clifford said he felt Chief Robinson acted poorly and veered from the rules of an ethics disclosure when handling union concerns about the qualifications of Patten, according to the meeting minutes.

Robinson later confirmed that the investigation stemmed from how he handled disciplinary and employment-related matters and grievances that he was “statutorily and contractually” required to handle as the fire chief.

Robinson filed a lawsuit against Marshfield in 2016

Once he retired, Robinson filed a complaint in federal court alleging age discrimination, retaliation, failure of town officials to investigate claims of discrimination against his niece, breach of contract and defamation.

The complaint filed in federal court was ultimately dismissed, which was upheld in appeals court. Robinson's attorneys then refiled in state superior court in 2020.

Robinson claims that he was given a "take it or leave it" situation where he was forced to either retire or be fired after he raised concerns about gender discrimination against his niece within the department. Instead of investigating that claim, he said officials initiated the internal investigation and put him on administrative leave as part of the effort to force him out.

"It's been a long road for Chief Robinson," Anne Glennon, an attorney for Robinson, said. "He did what he was legally and morally required to do and report gender discrimination."

Lawyers for the town argue that Robinson voluntarily resigned and therefore was not subject to adverse treatment under the Age Discrimination in Employment Act of 1967.

"Not only has the chief failed to show that his resignation was coerced, he also has not rebutted defendants' claim that they had cause to remove him," court documents read. "If he was convinced that the allegations of ethical misconduct were meritless, he should have exercised his rights at his for-cause hearing."

Jury rules in Robinson's favor on retaliation, discrimination claim

Robinson echoed that it's been a long road, with issues starting in 2013 that lead to his retirement in 2015, followed by the legal process.

"We had the chance to present the facts to an impartial jury, which then awarded the figure based on those facts," he said.

Attorneys for the town have filed post-summary motions and could ultimately appeal the decision. In the meantime, Glennon said interest is accruing at $14,000, plus legal fees, which will be "well into the six figures."

"This is a matter that didn't need to happen," she said. "They could have resolved this for far less, and will end up paying far more."

Marshfield seeking a new trial

Jason Crotty, an attorney representing the town in the lawsuit, said in an email that the court has not yet ruled on post-trial motions. He said they are seeking a new trial "on the grounds that ​the verdict was clearly against the weight of the evidence presented at trial."

"That said, we are confident that when the post-trial motions are decided,  the verdict will be substantially altered in the town’s favor," he said.

Questions about another Marshfield fire chief's departure

Questions surrounding the circumstances of former Marshfield Fire Chief Jeffrey Simpson’s ouster still remain unanswered, two months after the town’s select board declined to renew or extend his contract, though public documents give a hint at one big disagreement.

The agreement outlines the verbiage of a joint statement as well as what the town administrator should tell any future prospective employers of Simpson: “Chief Jeffrey Simpson resigned as Fire Chief from the Town of Marshfield in excellent standing.”

Three days after this separation agreement was signed, the select board hired former Fire Chief William Hocking to temporarily oversee the department.

Read the full story: Ex-Marshfield Fire Chief Jeffrey Simpson 'moving on' after ouster. Questions remain

This article originally appeared on The Patriot Ledger: Former Marshfield fire chief wins lawsuit against the town