BY NATHAN MAYBERG
WEST MILFORD — Two former volunteer firefighters have won a negotiated settlement with the town of West Milford over a lawsuit involving their dismissal from the West Milford Fire Department Company.
Thomas Simmons and Michael Hughes won a combined settlement of $75,000 from the town in an agreement signed this past June.
The pair charged in state Superior Court that fire chief Robert Castro unfairly kicked them out of the department.
Simmons, who joined the department in 2008 and had previously been a longtime firefighter in Bergen County, claimed in his suit that trouble started for him after he ran for company treasurer in 2009 against James Rose, at the behest of Castro.
Hughes, who joined the department in 1987 and was a former captain and assistant chief, claimed in the suit that he was retaliated against after raising concerns to his superiors about the department's noncompliance with state and local fire regulations.
In 2011, after Rose became assistant chief, Simmons advised Castro that Rose didn't have the proper qualifications to be assistant chief. What resulted, charged Simmons, was a series of retaliatory acts and challenges against him by Rose and others. He said he was wrongly accused of breaking a fire engine.
In June, 2011, Hughes was suspended for 30 days by Castro. The day after he was suspended, Hughes said he reported to the fire commissioner about the company's noncompliance with firefighting laws.
In July, 2011, when Simmons drove a fire department tanker to a town fireworks display. Castro radioed Simmons and told him to return to the firehouse after learning Simmons was driving the truck. When Simmons returned to the firehouse, he was allegedly told by Lt. Michael McFarlane that it was because he didn't have the prerequisite attendance average. At that point, Simmons alleged that Rose shouted at him to get out of the firehouse.
Simmons maintained that his attendance average is supposed to reflect the fact that he was on medical leave for a detached retinae which required emergency surgery. He requested a meeting with the fire department commissioner and the town's human resources officer. At a meeting with the two and the town's former administrator Kevin Boyle, Simmons made complaints about the department violating its bylaws as well as state laws.
The next month, Hughes and Simmons met with Boyle and described what they believed was retaliatory conduct by the fire company's leadership towards them. In August, Boyle reported to Hughes and Simmons that he met with the fire company and told them there was a perceived pattern of harassment that had to be dealt with.
In September, Hughes said he received a letter asking him to meet with the company's trustees to discuss a discrepancy in the use of company funds.
That month, Hughes and Simmons filed a lawsuit against the town and the fire department.
Two weeks later, Castro wrote to Hughes and Simmons and told them they were being placed on the department's inactive list due to their lawsuit.
Boyle called on Castro to discontinue the suspensions and that any disciplinary actions had to be in accordance with the town code, company by-laws and with the knowledge of the fire commissioner and town attorney.
One month later, Castro told Simmons he was terminated for his "lack of interest in being a volunteer firefighter and not being a member in good standings," according to the suit.
As part of the settlement, Hughes and Simmons have agreed not to return to the company, Simmons said.
Though Simmons went along with it, he called that part of the deal "grossly inappropriate."
Simmons said he believes the town political leadership should do more to reprimand the department.
"The township knows of the facts and have chosen not to do anything about it," Simmons said. "They paid us to shut up and go away."
The township council voted last December to strip all firefighting responsibilities from Company #2, which covers the Oak Ridge and Newfoundland sections of town. It alluded to unspecified manpower and safety violations at the time. Fire apparatus was removed and jurisdiction was given to Apshawa Fire Company. Just one month later, the council agreed to reopen the company with no explanation. The council voted unanimously to ratify an agreement proposed by Fire Company #2, which allowed for its reopening under certain conditions. The item was not on the agenda and was added during the meeting after a discussion in executive session.
Simmons and Hughes have more than 50 years of firefighting experience. Simmons was previously a longtime Bergen County firefighter and is a state certified fire instructor.
The payment to Hughes and Simmons was made by XL Insurance Company.
West Milford Mayor Bettina Bieri said she couldn't comment on the suit. Castro did not return a message seeking comment.
What do you think about the settlement? Go to westmilfordmesseger.com and start the conversation.
Reporter Nathan Mayberg can be reached at comm.reporter@strausnews.com or by calling 845-469-9000 ext. 359.