Darren M. Tripp is suing to recoup legal fees, but the suit could go as
high as $250,000.
BETHEL – Police Chief Darren M. Tripp has filed notice of a pending lawsuit against the town of Bethel and its town manager.
Tripp wants to recover $9,150.10 in legal costs associated with a 33-day suspension he served between April and May when Town Manager Scott Cole placed him on administrative leave.
If the money is not reimbursed to Tripp within 30 days of Monday – the day the notice was served – the claim escalates to $250,000.
“Darren’s only intent is to recover his attorney fees,” said Tripp’s attorney, Thomas S. Carey of Carey and Associates of Rumford. “He’s entitled to damages, but it’s not his intention to put the town through that. We investigated this and concluded that he had a cause of action, a good reason for the lawsuit.”
Tripp is alleging defamation, libel and slander, invasion of privacy, and negligent and intentional infliction of emotional distress as the basis for his tort claim.
After the notice was served, Bethel selectmen held an impromptu executive session at their Monday night meeting to discuss the town’s strategy on the matter, Cole said.
While Cole declined to talk about the closed-door session, he did say that Tripp’s notice has been sent to the town’s attorney, Geoff Hole, and to the Maine Municipal Association Risk Pool, which is the town’s insurance carrier.
“There’s a process for these things and the insurer takes over,” Cole said Thursday afternoon.
He said it’s not likely that Hole would handle the matter other than to provide the insurer’s attorneys with background information. Cole declined to comment on the matter.
“I’m going to run with the process and see where it takes us,” he added.
A poodle at large
Tripp, who’s been a Bethel police officer since October 1989, was hired in March 1998 as the town’s police chief. Cole became the town manager a year later.
According to Tripp, his lawsuit stems from an incident that occurred last fall between Cole, Tripp and Bethel’s animal control officer Osman “Ozzie” Hart.
On Oct. 1, Tripp reported a dog at large to Hart, who, upon investigating, summoned the black poodle’s owner, Paradise Road resident Cheri Thurston, for having a dog at large.
Tripp claimed that Thurston went to Cole, who soon after questioned both Hart and Tripp about the matter. Tripp said that on Oct. 2, Hart told him that Cole had “ordered” him to “make the ticket go away.” Hart, however, refused.
Tripp said he then called Cole.
“Cole made it clear that he wanted me to have the summons dismissed,” Tripp stated in the notice.
Saying it would be a violation of the law, Tripp declined to obey Cole as did Assistant District Attorney Joseph O’Connor whom Tripp contacted about the incident on Nov. 12.
In May 2003, Cole acknowledged that he did ask Hart to drop the summons based on information he had at that time from an engineer who reportedly witnessed the Oct. 1 incident.
“I maintain to this day that the Thurston summons was inappropriate. It was not a legitimate action of law enforcement,” Cole said in May.
Last winter, Thurston subsequently pleaded guilty as charged in Rumford District Court and paid a $72 fine.
An order refused
After Nov. 12, Tripp said the good relationship he’d enjoyed with Cole rapidly deteriorated.
“It was obvious to me that the reason for the change in the relationship had to do with my refusal to follow his order regarding” the Thurston summons, Tripp said.
According to the police chief, Cole began complaining about issues within the police department after Nov. 12. By February 2003, Tripp said Cole was even finding fault with day-to-day police department operations.
“His demeanor became more and more unpleasant,” Tripp stated.
After Tripp told two selectmen about the matter, he said that Cole suspended him on March 17, giving Tripp an eight-page suspension letter, which listed previously unreleased issues and complaints against Tripp from as far back as two years.
Cole is Bethel’s chief of personnel, which gives him authority to hire, reinstate or fire town employees.
On March 25, Cole hired Alan J. Carr of Albany Township to assume Tripp’s duties until Tripp’s suspension ended. Tripp returned as chief on April 15.
While on paid administrative leave, Tripp said he hired an attorney because he felt the suspension was unwarranted.
According to Carey, Tripp’s attorney, the police chief had to wait 180 days before he could file a lawsuit against Cole and the town of Bethel.
“Anytime a government entity is involved and someone wants to bring forth a suit, they must comply with the Maine Tort Claims Act, which requires that notices of claim be sent out after 180 days,” Carey said.
Carey said that Tripp filed the notice to enable the town to commence negotiations prior to the lawsuit.
tkarkos@sunjournal.com
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