Dalton Fire Chief Christian Tobin Terminated
Members of the Fire District attend the meeting at the Stationery Factory, where Christian Tobin was sworn in on Jan. 29, 2024.
The decision comes after an investigation by Kerry Gilpin of Comprehensive Investigations and Consulting, which began when the board announced Tobin's paid suspension in August over allegations of sexual harassment, grant overspending, and employee concerns.
The suspension was originally for a month but was indefinitely extended in September until the investigation into Tobin's conduct was complete.
"I feel there's sufficient evidence to support the harassment charges brought to our attention against Christian Tobin," board Chair James Driscoll said.
"Also, the fact Mr. Tobin did not make himself available for the requested interviews in person or on Zoom by Comprehensive Investigations and Consulting LLC leads me to the decision that we need to terminate the employment of Mr. Tobin as of Jan. 7."
Tobin's attorney, Jonathan Thomas Zepka of Elizabeth J. Quigley & Associates, alleges that Tobin was never contacted by the district and no interview was performed.
Elizabeth J. Quigley & Associates office was contacted via a defunct AOL email and there was a meeting that was supposed to be scheduled later this month. Then, the conclusion of this report was made known to their office but was not shared, Zepka said.
"We also have never seen this report and we do not know of its contents," he said.
After reading the report from the district's independent investigator titled "Sexual Harassment and Inappropriate Workplace Behavior at the Dalton Fire District," board member Michael Kubicki said he agrees with the consultant's conclusion that Tobin "engaged in inappropriate workplace behavior and created an intimidating work environment."
Board member Camillus B. Cachat, Jr. also said Tobin did not meet all the responsibilities agreed upon during his hiring interview.
Tobin did not have an employment contract, a practice of the district, but did have a verbal agreement and was expected to follow the district handbook and policies, the district's attorney, Elisabeth Goodman, from Cain Hibbard and Meyers, said in a follow-up.
Goodman highlighted several reasons included in the report that justify this termination, including engaging in "inappropriate workplace behavior in violation of the district handbook Section 2.1," "taken time off without authorization," and "did not make himself available within a reasonable time for an interview by the investigator, either in person or by video conference."
She also said Tobin did not complete all requirements for continued employment, including obtaining a Massachusetts Emergency Medical Technicians certification and failure to pass the fire prevention officer level two certification.
Although the total cost of the investigation is not yet known, it was capped at $5,000, and the results will be available on the district website once redactions are made, Driscoll said.
Tobin has been on paid administrative leave since August. Filling in during Tobin's absence has been the district's Assistant Fire Chief Chris Cachat.
Placing Tobin on paid administrative leave will have minimal effect on the budget because Tobin and Cachat's pay had already been budgeted, Driscoll said in a follow-up.
Throughout his suspension, Tobin has accused the district of unlawful departmental practices, including illegal wages and hour practices, unlawful public meetings, improper safety practices, failure to supply employee medical and respiratory protection, the misuse of district credit card funds, falsification of records for personal or others' benefit, and among other allegations.
Amongst these accusations were claims that there was a deficit of about $183,084 in fiscal year 2023.
In August, Thomas Scanlon, managing partner of the auditing firm, found that the district had a deficit of about $165,000 from overspending in the fire and ambulance budgets in FY22 and FY23.
Tobin requested access to public records, which include documentation such as incident reports, credit card statements, expenditures, pay stubs, and documents related to the Fire Department's fiscal year 2023 debt but did not receive them over a dispute on the cost to supply the public records.
Tobin has previously claimed that the district informed him the cost estimate for the requested records is $1,630.45, which includes paper copy fees and labor costs.
This includes an hourly rate increase from $18 to $25 to reflect the time needed for a qualified individual to access, segregate or redact personal or protected health information, and reproduce documents, District Clerk and Treasurer Melanie Roucoulet said in a response to Tobin's request.
Zebka emphasized in a follow-up that Tobin was never given an opportunity to be interviewed and voice his side of the story.
He also suggested that the board was trying to justify the termination by bringing in additional issues beyond just the sexual harassment allegations, which the attorney felt were not clearly established.
"[Tobin] advanced some very serious accusations against the town, and I think that they have taken action in regard to those accusations," he said.
During the meeting on Tuesday, the district was asked by resident Robert Bishop whether it also investigated Tobin's accusations against the district.
In response, Driscoll said, "We went to an individual investigating service to look at everything. So, we didn't do anything on our own because, I think, it could be looked at being biased from our point of view. So, everything that we're basing [this decision] on is in that report."
Following the meeting, Driscoll said there had not been an investigation into Tobin's accusations and clarified that the only investigation that was done was the one conducted by Comprehensive Investigations and Consulting.
In a follow-up, Zepka highlighted Tobin's 25 years of experience in fire service, originating from Naples, Fla.
"The client really here is a whistleblower here with the town, and you know, we seek to look at all avenues going forward with those claims," he said.
The documents show the reason being "insubordination, conduct unbecoming and misconduct."
Following the leave, Tobin requested to arbitrate, which resulted in a settlement to him of $98,331, $13,550 of which went to Sugerman Susskind Braswell Herra Trust Account for his alleged attorney fees and costs.
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