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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Fourth Shooting Occurs Day After DA Announces Gun Violence Task Force

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The day after Berkshire District Attorney Timothy Shugrue announced a task force to take on a spate of gun violence in the city, a another person was injured after shots were fired on Circular Avenue early Tuesday evening. 

Pittsfield Police responded to a 5:30 p.m. ShotSpotter activation at 45 Circular Ave.on Tuesday night. Five rounds were shot, and there was one victim, police said. 
 
"We're investigating it. We don't know if it's connected to anything else," Detective Lt. John Mazzeo said. "What's going on? We can't speculate. It's way too early for that, and the house was struck." 
 
He could not speak to the identity or condition of the victim; a press release shortly afterward stated the victim sustained non-life-threatening injuries and was transported to Berkshire Medical Center by private vehicle.
 
By around 7 p.m. when iBerkshires was on site, the area near the intersection of Circular Avenue and Division Street was blocked off with tape. 
 
This is the fourth gun violence incident in Pittsfield since mid-June.

On Sunday evening, three people were taken to the hospital after a shooting near the intersection of Linden Street and Francis Avenue. This is the third gun violence incident in Pittsfield since mid-June. 

The investigation into all three incidents is still active, and police are confident that they are targeted acts of violence. 

"Right now, our community is rightfully extremely concerned and troubled," Shugrue said in a statement released on Monday.  

"There are many unanswered questions surrounding these incidents of violence. There is an understandable feeling of frustration and fear that no one has been arrested and limited questions have been answered." 

The task force will be led by First Assistant District Attorney Marianne Shelvey, who formerly served at the U.S. Department of Justice's Violent Crimes and Racketeering Section. It will support the Pittsfield Police Department's work and provide additional resources, including additional personnel and overtime funding through grants awarded to the Berkshire DA to support the investigation.

Members of the Pittsfield Police, the Berkshire State Police Detective Unit assigned to the District Attorney's Office, and the Berkshire County Law Enforcement Task Force will be present. 

On June 18, a person died after being shot in the area of Tyler Street and Pleasure Avenue, and another person was injured. Following an extensive investigation, PPD applied for and was granted an arrest warrant for Terry Martizna, wanted for murder. 

On Aug. 4, there was a report of approximately 25 rounds fired around the intersection of Onota and Walnut Street, leading to two non-life-threatening injuries. 

This past weekend, on Aug. 16, there was a third incident of gun violence in the area of Francis Avenue and Linden Street, and three individuals suffered non-life-threatening injuries. 

The DA said all three incidents shattered a feeling of safety in the city.
 
"At this point, we also know that the incidents of violence involve both adults and juveniles. The investigation into all three incidents remains active," the DA wrote. 

"While it is unclear if the incidents are connected, based on the investigations to date, law enforcement are confident that the incidents are targeted and NOT random."

Mayor Peter Marchetti on Monday assured the community that the city is diligently working with law enforcement officials to identify those responsible, as "these acts of violence are not acceptable in this community, and I remain committed to holding those responsible accountable." 

Marchetti, in a written statement posted to social media, said he is in regular communication with the police chief and DA as they continue investigations. He is thankful for the formation of the specialized task force and additional resources. 

"As Mayor, I am committed to providing updates to the public regarding public safety matters, when appropriate. I share your frustration about the limited information released but I will not compromise the integrity of any investigation. As these investigations continue, the public should know that the DA’s Office and Pittsfield Police Department are using every available resource they have to bring the cases to a successful conclusion," he wrote. 

"However, we cannot do this work alone. I continue to ask anyone who may have witnessed any of the incidents or who has information, photographs, or video that could assist investigators to contact the Pittsfield Police Department." 

He emphasized that all individuals need to be held accountable, and said he cannot jeopardize the case by providing information before it is appropriate. 

Pittsfield has seen gun violence incidents uptick during the summer in the past decade. In 2021, from May 12 through mid-June, there were 13 shootings in Pittsfield, most of which happened in the city's West Side.

The DA said this violence, while carried out by people, is amplified by access to guns and ammunition. Anyone with information of someone with an illegal firearm or any information regarding these incidents is asked to contact Pittsfield Police, 413-448-9700, or provide an anonymous tip by texting PITTIP and your message to TIP411 (847411).

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