BETHEL – Allegations by the town manager and police chief in lawsuit documents made public last month, paint a simmering portrait of hidden turmoil in this otherwise quiet hamlet.

Town Manager Scott Cole’s allegations about Chief Darren M. Tripp’s behavior range from making inappropriate comments of a sexual nature to a pattern of department apathy toward crime victims and Bethel residents.

The chief maintains that Cole was out to discredit him for failing to obey Cole’s order to rescind a dog-at-large summons issued in October 2002 by animal control officer Ozzie Hart.

When they refused to comply, Tripp alleges that his “very good relationship” with Cole, quickly dissipated, culminating in a 33-day paid suspension in March 2003.

Then, on Dec. 3, in U.S. District Court in Portland, Tripp’s attorney, Thomas S. Carey of Rumford, filed a lawsuit against the town and Cole. The town first learned about the 31-page document on Dec. 17, two days after a Board of Selectmen meeting, Cole said.

Because the documents – which contain normally private, personnel information – became public record when filed in federal court, Cole sought legal advice before distributing them at Monday night’s selectmen meeting.

“We were very reluctant to release the documents, but on the advice of two attorneys, I felt we had no choice but to hand them over to selectmen,” Cole said Wednesday.

“I want to emphasize that we did not release personnel records. We made courtesy copies of an active suit that’s public record,” he added.

The tort alleges that when Cole suspended Tripp in March, that action:

• Violated Tripp’s First Amendment right to speak on matters of public concern.

• Was an unlawful retaliatory and discriminatory practice motivated by the chief’s exercise of his First Amendment right to speak on matters of public concern.

• Was an unlawful retaliatory and discriminatory practice under the Maine Whistle Blower Act.

• Caused Tripp to incur legal fees and costs from recovering reinstatement as the police chief.

• Caused the chief to suffer severe physical injury and mental anguish as a direct result of the town and Cole’s intentional infliction of emotional distress.

Initially, Tripp’s attorney filed a notice of claim in Oxford County Superior Court in September to recover $9,105.10 that the chief says he incurred while trying to get reinstated.

That task, he said, required him to agree and submit to Cole’s “punitive, demeaning and capricious” expectations.

Town officials sent the notice to their insurance agent – the Maine Municipal Association Risk Pool – which has yet to respond, said Tripp’s attorney.

That’s why Carey filed suit in federal court – to recover fees stemming from the suspension – and an unspecified amount for Tripp’s physical distress, which includes sleep deprivation, sexual dysfunction and chronic nausea, the tort states.

“The town takes issue with the notion that the performance expectations were punitive, demeaning and capricious,” Cole said.

Instead, he alleges in the lawsuit that Tripp has reportedly demonstrated “a pattern of ignoring orders, inaction and a tendency to choose non-enforcement in substantive matters of law.”

Carey said Tuesday that Cole’s documented allegations amounted to a “red herring,” an attempt to avoid the real issue.

“On why Cole wrote the things he did, I think he has an agenda, and this is his role to accomplish it,” Carey said. “These allegations are either very old issues, or they were put to bed earlier, or they have not been brought to (Tripp’s) attention.”

Aside from saying Tuesday that he didn’t have an agenda against Tripp, Cole declined to comment further, citing pending litigation.

tkarkos@sunjournal.com

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