Pittsfield Settles Lawsuit Over Firefighter Promotion

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PITTSFIELD, Mass. — The city has reached an agreement with the U.S. Justice Department over allegations it failed to promote a Navy reservist and Pittsfield firefighter, and by retaliating against him after he invoked his rights.

According to the Justice Department, the city will promote firefighter Jeffrey Rawson to lieutenant retroactive to September 2010 and provide him with more than $22,000 in back pay, pension contributions and interest.

The Justice Department's complaint, filed in the U.S. District Court for the District of Massachusetts, alleges that the city violated Rawson's rights by passing him over for promotion to lieutenant in the Pittsfield Fire Department because of his military service obligations. In 2009, Rawson took a promotional exam for lieutenant.

Based on the results of the examination, Rawson was ranked second on the promotional list. In July 2010, the city informed Rawson that he was being skipped for promotion and that a firefighter ranked lower on the promotional list was instead being promoted to lieutenant. The lower-ranked firefighter was promoted in September 2010.

The lawsuit further alleged that, after Rawson filed a USERRA complaint with the U.S. Department of Labor's Veterans Employment and Training Service, the city retaliated against him by refusing to reinstate him to the list of firefighters eligible to serve as an acting lieutenant.


The terms of the settlement, embodied in a consent decree that has been submitted for approval to the federal district court, further mandates the city to provide training on the Uniformed Services Employment and Reemployment Rights Act of 1994 to city department heads and supervisors on the rights and obligations of covered employees and their employers.

"Our military servicemembers sacrifice tremendously to serve our country," said Thomas E. Perez, Assistant attorney general for the Civil Rights Division. "This settlement demonstrates our vigilant protection of the employment opportunities of our servicemembers, and our commitment to vigorous enforcement of the laws that protect them."

Source article from http://www.justice.gov/opa/pr/2012/April/12-crt-507.html.

Tags: DOJ,   firefighter,   lawsuit,   

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Pittsfield ConCom OKs Weed Treatment for Pontoosuc

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — Pontoosuc Lake will be treated for weeds with a contact herbicide on Thursday, June 17. 

Last week, the Conservation Commission OK'd a request for Diquat treatment on 53 acres of the lake.

"We have four non-native and invasive species, three of which we are controlling with the use of herbicides, and if we didn't do that control, the weeds would take over the lake and the shore," explained Lee Hauge, president of the Friends of Pontoosuc Lake and Lanesborough's harbormaster. 

"All the shorelines would be unusable for swimming and even fishing, and you'd only have the center half of the lake, where you could do any boating or swimming if you could get out there." 

Pittsfield and Lanesborough equally share the management of the lake and associated costs.

Hauge explained that underwater weeds were harvested for almost 20 years, and it was successful in making the lake accessible for swimming and boating, though over the years, he said, the process favored the propagation of Eurasian milfoil, which spreads by fragmentation. 

"And so the result of that 20 years of harvesting control was the lake being choked by Eurasian milfoil, and the native desirable weeds were choked out of being able to grow because of the proliferation of the milfoil," he said. 

The application is for 53 acres, and Pontoosuc will need to be treated again in August. This will require permission from the ConCom. 

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