BETHEL – Former Police Chief Darren Tripp has filed a lawsuit in Oxford County Superior Court in an effort to overturn a selectmen’s decision that upheld Tripp’s firing by Town Manager Scott Cole.
The 17-page document was presented to Town Clerk Christen Mason on Friday.
Selectmen upheld the termination of Tripp’s employment with the town on March 11 by a 3-2 vote.
Tripp’s lawyer, Tom Carey of Rumford, said if the judge doesn’t throw out the case, then his client wants another hearing before selectmen, or a chance to go to trial.
The suit alleges failure of evidence, conflict of interest and ambiguity as reasons for filing the lawsuit.
Cole said Tuesday afternoon that the matter has been referred to town attorney, Geoffrey Hole of Portland. In a brief closed session Monday night, selectmen agreed to respond to Tripp’s lawsuit, Cole said.
Cole said it is unknown what that response will be just yet. The town has 20 days from April 9, the date the suit was presented to Town Clerk Christen Mason, to notify the court that the town will respond to allegations in the suit.
Carey said a conflict of interest and failure of due process occurred in the matter because Hole, who had been the attorney for the Board of Selectmen and town for many years, stepped in to represent Cole during the quasi-judicial hearing. Another lawyer, John Loyd of Brunswick, then represented the board. Cole, as town manager, is responsible for hiring and firing employees. Selectmen become fact finders when a decision by the town manager is challenged.
Carey said certain testimony by an Oxford Networks employee should have been entered at the hearing because of its alleged bearing on the reasons Cole gave for firing Tripp.
Cole gave as reasons for firing Tripp on Feb. 12 a failure to maintain contact with the Oxford County Regional Communications Center in the event of an emergency; and failing to respond from the police station for 12 minutes on Dec. 2 to repeated attempts by dispatchers using four separate communication methods to alert him of an armed robbery in Bethel.
Tripp has also filed a federal lawsuit against the town for a 33-day, paid suspension that happened last year. Cole said the termination issue has been added to the federal suit. In this case, Cole said Portland lawyer Anne Carney represents the town.
Tripp joined the Bethel Police Department in 1989 and became chief in 1998.
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