This story by Jordan Cuddemi was published by the Valley News on April 23.
SPRINGFIELD — Former Police Chief Douglas Johnston has settled the wrongful-termination lawsuit he brought against the town and its manager in February, his attorney said on Tuesday.
As part of the settlement, Johnston, who was terminated on Feb. 4, will receive a $250,000 payout among other terms, according to attorney Pietro Lynn, who represented Johnston in the lawsuit that was filed on Feb. 14.
“The settlement is complete vindication of me,” the 62-year-old Johnston said via email on Tuesday.
“I am very pleased with that result,” he said of the mediation terms. “I am proud of my accomplishments as chief of police in Springfield. I wish the department continued success in the future.”
Pietro said the parties met at a mediation session on April 15 and reached an agreement, which the Springfield Selectboard voted to accept on Monday night.
“Under the terms of the agreement, the chief was paid full salary through April 15, his termination was rescinded and he retired as of April 15,” Lynn said via email. “The town agreed to pay the chief a quarter of a million dollars as part of the settlement. In exchange, the chief will dismiss his case and release the town.”
Johnston’s lawsuit claimed the town and Town Manager Tom Yennerell had terminated him without cause, without notice and without a hearing to which he was entitled, violating his civil rights.
Brian Monaghan, the town’s attorney, said the town did not admit any wrongdoing under the settlement. He declined to elaborate on the terms of the agreement, saying the formal paperwork hasn’t been finalized.
“The town is looking forward to putting this lawsuit behind (it) and moving into the future of the Springfield Police Department,” Monaghan said.
Springfield Selectboard Chairman Kristi Morris confirmed that the board voted unanimously on Monday night to accept the settlement agreement. He too declined to elaborate on its specifics when asked.
“We came to a mutual satisfactory agreement, and we’re looking to move the police department forward,” Morris said.
The settlement amount will be paid for by the town and its insurance carrier, the Vermont League of Cities and Towns, Monaghan said.
Johnston, who remains a Springfield resident, based his lawsuit on several claims, including a lack of due process, breach of contract, and breach of covenant of good faith and fair dealing.
He worked for the town for about 40 years, about 19 of them as chief.
Under state law, the lawsuit contended, the town was required to notify him of why he was being terminated and provide him with an opportunity to contest that reason during a hearing before the Selectboard. Neither of those occurred, in violation of his due process rights, the lawsuit alleged. Even when both of those things happen, a police chief can only be terminated when there is “just cause,” which the town lacked, the lawsuit stated.
Yennerell’s termination letter did not provide a reason for Johnston’s firing. Reached by telephone in February, Yennerell declined to offer details about Johnston’s firing, calling it a “sensitive human resource matter.”
Neither the town nor Yennerell formally responded to Johnston’s claims in court prior to the settlement being reached.
Messages left on Tuesday for Yennerell and his attorney, Philip Woodward, weren’t returned.
Morris, the selectman, said he anticipates the town will go through a formal selection process soon to identify a new police chief.
Lt. Mark Fountain is the acting chief.
