BURLINGTON — Former Springfield, Vt., Police Chief Douglas Johnston has sued the town and the town manager, claiming he was unlawfully terminated earlier this month, according to federal court documents.
Johnston claims the town fired him without cause, without notice and without a hearing that he was entitled to, according to the seven-page lawsuit filed on Thursday by his attorney Pietro Lynn in U.S. District Court in Burlington.
“To date, no cogent explanation has been given for why the chief was terminated, nor has the chief been provided any hearing or other venue in which to contest the basis for his termination,” Lynn wrote. “(The) defendants failed to follow the required procedures for termination of a chief of police because they knew that there was not just cause to support his termination.”
The town hasn’t responded in court, and messages left for Town Manager Tom Yennerell weren’t returned.
“Our attorneys have advised to not make any comments,” Selectboard Chairman Kristi Morris said via email on Monday. A follow-up email asking for the attorneys’ names wasn’t returned.
Johnston, a Springfield resident, sued on several counts, including due process, breach of contract and breach of covenant of good faith and fair dealing, and is seeking compensation for damages and attorneys fees. An award amount isn’t specified.
Under state law, Johnston contends the town was required to tell him why he was being terminated and provide him with an opportunity to contest that reason during a hearing before the Selectboard. Neither of those things happened, in violation of his due process rights, the suit states.
After both of those things happen, a police chief can only be terminated if there is “just cause” to support it, Lynn wrote.
“Any competent town manager or Selectboard should be aware of the statutory requirements to terminate a chief of police,” he wrote. “(Johnston) has suffered emotional harm and embarrassment in addition to lost pay and benefits.”
Lynn wrote that Johnston tried to speak with the town manager about the reason for his firing, but Yennerell refused to fill him in.
“Upon information and belief, the basis for this refusal was a personal animus by defendant Yennerell,” he wrote.
Johnston worked for the town for about 40 years, 20 of them as chief, the suit states. Over the course of those years, the town only provided positive feedback in terms of his work performance, Lynn wrote.
Yennerell fired Johnston effective immediately on Feb. 4.
Yennerell provided no details about Johnston’s firing to the Valley News the following day.
“This is a very sensitive human resource matter and I’m not at liberty to discuss it,” he wrote in an email.
Johnston included Yennerell’s termination letter in his lawsuit.
In it, Yennerell also provided no reason for terminating Johnston. Yennerell wrote that Lt. Mark Fountain, who is now the acting chief, would go to Johnston’s house on Feb. 4 to pick up all of Johnston’s town-owned items, such as his badge and guns.
“The transfer of possessions will be done in this manner to avoid being in the public view,” Yennerell wrote.
Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.
