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    Report of Granby special labor counsel John M. Collins regarding complaints against Fire Chief John Mitchell.

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    Report of Granby special labor counsel John M. Collins regarding complaints against Fire Chief John Mitchell.

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    © All Rights Reserved
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    4K views32 pages

    Investigation Final Report

    Uploaded by

    The Republican/MassLive.com
    Report of Granby special labor counsel John M. Collins regarding complaints against Fire Chief John Mitchell.

    Copyright:

    © All Rights Reserved
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    FINAL REPORT August 9, 2018 To: Chris Martin, Granby Town Administrator From: Atty. John M. (Jack) Collins, Special Labor Counsel Re: Fire Department Investigation Atyour request, I have been investigating two matters that involve complaints against the Granby Fire Chief. The first is a complaint by Paramedic Michael Pandora of “harassment and a hostile work environment with regards to Chief Mitchell” contained in a letter to you dated June 19, 2018. A report on the same has been submitted to you recently. The second is a letter dated June 4, 2018 signed by twenty members of the Granby Fire Department characterized as a “vote of no confidence in the leadership abilities of Fire Chief John Mitchell.” (ATTACHMENT A w/o signatures) This report will focus on the latter. Letter of “No Confidence” I met with one former Department member that recently resigned (ATTACHMENT B),as well as 9 current members for interviews that, on average, lasted one hour each. With the latter group I used a 4-page set of topics and sample questions to be sure everyone had an opportunity to address the same issues. (ATTACHMENT C) In some interviews, the individual preferred to simply speak and let me take notes, while in others they wanted me to go question by question. I agreed to send each one a summary of my notes for their review before I prepared my final report. I have done so. Most, if not all, have sent me comments that I have considered in drafting this report. My time spent with these individuals has given me a good understanding of their views of the issues confronting the Department and the role they see the Chief plays in this matter. I spoke with the Police Chief and reviewed various reports all alluding to a lack of appropriate communication and leadership, and included numerous bases for concern over anger issues. also received a copy of the 12-page rebuttal letter from the Chief addressed to the Board of Selectmen. (ATTACHMENT D) This echoed the explanations the Chief gave me when we met and/or spoke on the phone. The Chief's letter of rebuttal addresses each of these complaints. To review each in detail at this point would make this, report exceedingly long and not get to the underlying issues. Even if one were to credit all the allegations, none of these provides the kind of “just cause” that arbitrators demand in deciding severe disciplinary cases, and certainly not termination. However, some remedial action is needed, and promptly. The elements included in the letter fall into one of several categories: 1. A“lack of a collaborative, respectful working relationship. a. find that while the relationship is not always collaborative or respectful, this is far from the sole responsibility of the Chief. b. The Chief rightly assumed he was asked to bring some degree of change to the Department. While there was some push-back from members | interviewed over the changes the Chief has implemented, their primary object was not what he did but how he did it. c. Members generally felt that the ways things were done in the past were fine and that the changes the Chief proposed were, overall, unnecessary. 4. While the Chief adamantly insisted that he always sought and listened to members’ input, that was not the message that they received. Rather, repeatedly I was told that the tone was “do it my way.” 2. Aculture of “manipulation, hostility, censorship, and retaliation along with threats of termination of employment for those that do not agree with him.” a. [find that the Chief's ability to communicate, especially involving stressful personnel matters, conveys the impression that he is not willing to listen to opposing views and is willing to take action against those that oppose him. b. There are a few instances that the membership view as disciplinary, despite the Chief's protestations that this was not always the case. By taking action involving long-serving members, the Chief risked some level of distrust and push-back. He failed to provide sufficient justification, in the opinion of those whom I interviewed, and where an explanation was given they felt he was less than honest. . By taking unilateral action in these cases without sufficient corroboration from witnesses that could have been asked to sit in, the Chief risked allowing the affected individuals the opportunity to tell only their side of the story. And this is what happened. This resulted in allowing the department's sympathy and friendship with certain individuals to overshadow any discussion of the merits of the Chief's actions. Hopefully this is a lesson and a situation he will not allow to be repeated. 3. A failure “to ensure there is adequate staffing on a daily basis.” a. Ido not find that the Chief has failed in this regard. Working within his budget and making reasonable efforts to fill shifts is all that one has the right to expect of a Chief. If anything, it might be that Mr. Pandora could be accused of the same thing, as he is the head of the EMS operation. In reality, it seems everyone did their best. b. Asis the case statewide, there is a lack of volunteers. This is a problem that cannot be solved by a Chief alone. In fact, unless and until the rest of the department makes a concerted effort to attract their friends and family members, the situation is likely to deteriorate even more. ¢. Ido question whether the Chief's detractors have not encouraged some staffers to not fill shifts, partly in an effort to embarrass the Chief and undermine his position with the Town officials. (Reportedly, during the Chief's current absence, the level of shift coverage has dramatically improved.) The adverse publicity that has resulted from this and the other complaint has not helped in showing the department in the most favorable light. Potential volunteers must be wary of joining an organization that seems to be at least under stress if not outright dysfunctional. 4, The Chief “is away from the department on a regular basis.” a With the exception of the first few months after his appointment when his duties were split between the Town and the Air Force (with everyone's knowledge and approval), there was no evidence produced to support a conclusion that the Chief is away from his desk or out of the office any more than other chiefs. And certainly there was no evidence offered that the Chief was not engaged in department-related business while out of the station. In departments where the relationship with the Chief is better, such a complaint is rarely raised. The Chief has not been as forthcoming, however, in letting others know when he was leaving and for what reason. Doing so might help alleviate this concern. 5. When in the building, the Chief “is primarily in his office not involved in daily operations” and, “taking care of Pease Fire Department business not focusing on Granby's business.” a. b. With the exception of the first few months, as noted above, there is no evidence to support the claim that he still spends any significant amount of time on Air Force business while at the station. Without spending more time myself at the station, I cannot conclude whether the amount of time the Chief spends on any given task is appropriate. What is clear, as noted above, is that where relations are better in other departments, such a complaint is rarely expressed. The Chief should commit to spending more time "managing by walking around” as they say. While he insists he knows and cares for each member, that is not a sentiment shared by most of those | interviewed. 6. The Chief “delegates a significant amount of his Chief duties to the day staff members. a. b. This generalization was not supported by concrete examples of the kinds of duties the Chief allegedly delegated, nor that these were not duties properly required of full-time staff members. The number and type of calls the department gets certainly allows sufficient time for full-time officers to perform a variety of tasks. Were the relationship better, these officers might see such “delegation” as a sign of the Chief's confidence and take these as an opportunity for self-improvement and preparation for advancement. Again, a lack of communication is at the root of this issue. 7. The Chief “drives at a high rate of speed and is potentially reckless and unsafe.” a. This was an often-repeated assertion, and one not adequately refuted by the Chief, b. While the law does allow emergency responders to exceed certain speed limits, the Chiefs reported driving habits appear excessive and potentially dangerous. He should correct this habit immediately. 8 He has not spent the department budget appropriately, including “buying fidget spinners and other non-essential items” as well as “new chief officer gear for the deputy chief and assistant chief, neither of whom needed gear, instead of outfitting members who do need gear due to it being out of NFPA compliance.” a. The Chief has spent a significant amount of his personal funds, not only buying gadgets to give away to children, but also to host parties and cook-outs for department members and their families. Unfortunately, he obviously has not made this sufficiently known for his generosity to be appreciated. b. The Chief's decision to purchase gear for officers was totally lawful and may have been appropriate, but it was apparently not well- received by some department members. c. There was no evidence produced that supports an accusation that the gear of other department members was inadequate or out of compliance with applicable standards. Certainly the issue can be addressed by inquiring of the Interim Chief. If there are issues, these should be addressed irrespective of whether the Chief should have spent money on new gear for officers. 4. Some expenditures have not sat well with certain department members. Some felt disrespected when the Chief made decisions that went against their recommendations, or when he seemed to not solicit or listen to their input. e. There was some animosity where members felt that the Chief listened too intently to a newer member that the Chef felt had superior knowledge in certain technical areas. This caused the individual to feel isolated, and most likely was shunned or otherwise disrespected by longer serving department members. 9. The Chief has “anger issues.” a. This is too generalized to be a “charge” for disciplinary purposes. However, there are sufficient examples of inappropriate outbursts, often involving persons outside the department, that this is an issue that needs prompt attention. b. This topic was repeatedly cited not only by department members but by other two employees, especially at the Police Department. c. While the Chief rightly points to stressors in his life in recent months, these do not justify what appears to be a long-standing deficiency. d. This isa matter that needs to be addressed, typically by referral to the ‘Town's Employee Assistance Program or similar service for the benefit of both the Chief and the community. 10. The Chief “demoted a Lieutenant of nine years, fired and suspended call force members, all without any progressive discipline.” a. While the alleged failure to employ progressive discipline is not an appropriate “charge” for disciplinary purposes, once again it is clear that a failure to communicate his motives and methods to the staff has resulted in many members adopting a conclusion about what took place without any first hand evidence. b. The Chief's characterization of some of these events as non- disciplinary reflects too fine a distinction that the rank and file understandably find hard to understand or believe. ¢. The Chief appears to acta little too quickly in sensitive personnel matters and certainly does not involve others in any decision-making process that might otherwise be a source of support when questions are raised by department members. d. The Chief must commit to a more inclusive management style and be willing to let others feel their opinions count. 11. The Chief does not support members, such as not attending or acknowledging a member that was leaving after 18 years recently. a. The Chief's rebuttal letter adequately addresses this specific “charge” and provides examples of other instances where his “support” has been demonstrated. b. Missing one going-away party, while regrettable, is not a disciplinable offense. Clearly the Chief will find ways to convey his sentiments, appreciation and reasons for not attending if similar situation ever arises in the future. What does all this mean? To say there is a lack of trust and a failure to communicate is an understatement. And the angry outbursts and lack of interpersonal skills cannot be ignored. The Chief's perception of his actions is generally in direct contradiction with that of many Department members. As is often the case, how one says something is more important that what is said. The kinds of matters that comprise the bulk of the membership's letter could apply to many chiefs or other department heads across the state at any one time. In order to understand why the issues produced a Letter of No Confidence requires a look beneath the surface. There are a few critical matters, especially some involving demotions or terminations, that the Chief handled (or possibly mishandled) over the past year that have provided certain individuals with a reason to do all they can to undermine the Chief's leadership and take every opportunity to portray him in a poor light. Interestingly, many members expressed agreement with the Chief that the former Deputy probably should have retired years ago. Many likewise felt that Mr. Pandora's skills in the EMS arena were not matched by his ability to function as a firefighter, never mind as a Lieutenant. The members’ concerns were focused more on what they perceived asa lack of compassion in the way they felt the Chief handled things. A similar sentiment was expressed when it came to the inappropriate way the Deputy voiced his displeasure publicly with the Chief's request for a new piece of apparatus that prompted the Chief's decision to terminate the Deputy one way or another. These were long-time department members that have had ample opportunity to undermine the Chief for their own personal agendas. The Chief should have been more aware of this potential and taken steps to help inform the department of his planned action rather than leaving it up to these understandably disgruntled individuals to recount their version of events that may or may not have been completely accurate. ‘As a newcomer, the Chief is not in a position to amass the number of loyal supporters that Mr. Pandora and Bruce Carpenter or other less prominent “disciplined” or departed members have. While there are often two sides to every story, when it comes to these crucial incidents, according to his critics the Chief's explanations have either not been communicated at all or least poorly. In any event have not been well-received or even believed. Were it not for these incidents involving these key long-term department members, it is very unlikely that the other complaints would have resulted in the so-called “no confidence” letter. What the Granby Fire Department is experiencing is not at all unique. There was reportedly some level of instability and discontent with the way the Department ‘was operating and Chief Mitchell was asked to make some changes. It is not unusual for an “outside” Chief to experience some resistance when he or she attempts to hold Department members accountable or tries to implement changes to the way things have traditionally been done. And proposing to replace a venerated old piece of firefighting apparatus is a delicate task, the complexity of which the Chief may have underestimated. All of this certainly has played a role in the present situation. However, in order to be an effective leader, a Chief must be able to communicate ina way that shows respect for the past while shedding a light on a brighter future. This means honoring individuals as well as practices. Being “right” is not enough when it comes to leading a modern municipal department. ‘The Chief's interactions with Mr. Pandora did not come as a surprise to many department members. What could not be as easily explained was the decision of Mr. Randall to resign. There were not any apparent signs of disagreement between he and the Chief. It is likely that the way the Chief handled and characterized the Deputy’s departure may have been the primary motivating factor. Not a single department member or even the Chief had anything derogatory to say about Mr. Randall's performance in the department. Regrettably, he has made it clear to department members that unless the Chief is gone, he will not return ~ as much as he misses being a department member. 1am not ignoring the Chief's incidents of angry outbursts that have left many department members, as well as those from the Police Department and public, rightly concerned. These need addressing in a prompt and direct way. Certainly the Town should consider offering the Chief the opportunity to consult with the Employee Assistance Program or similar resource to explore whether the stress he seems to have been experiencing would benefit from some sort of clinical intervention. If he is reluctant to make such request, a “fitness for duty” evaluation is worth considering to help determine if there are issues that need addressing or that might preclude the Chief from performing the essential functions of the job, with or without reasonable accommodation, at this point. The eagerness of some current or former Department members to turn to the press or social media to air personal grievances and advance their own agenda is regrettable. While professing a desire to help the entire department, some seem more intent on using other department members to further their own personal causes or venting their own grievances. The likelihood that some individuals may have signed the letter without either reading or fully understanding it, but more out ofa sense of loyalty or fear of offending their friends, is not to be overlooked. All this makes any efforts to restore order and harmony more difficult. Conclusion Under applicable Massachusetts law as well as Granby disciplinary standards, even if one were to believe all the Chief's detractors, neither the Chief's lapses in judgment, communication or leadership, nor his angry outbursts, excessively fast driving or alleged “my way or the highway” attitude, are unlikely to provide sufficient basis for disciplinary action approaching termination. This is not to say that some less harsh corrective measures would not be appropriate for certain matters, especially if considered as part of a progressive disciplinary approach. However, I am not recommending such action at this point as this effort would be unduly disruptive and would likely derail any effort to restore order, trust and communication in the Department. I would recommend that the Selectmen, in consultation with the Town Administrator and Chief, agree on a course of action that will require commitment from the Chief and department members. The Chief has his flaws, and unless addressed, these could prevent the department from ever functioning as well as it should. While most of his actions cannot be undone, he can make a commitment to acknowledging his communication shortcomings and commit to do better. Similarly, if certain department members are unwilling to put the past behind them and make a sincere effort to work with the Chief, he is likely to face nearly insurmountable hurdles. Recommendations 1. Your action in bringing in a former Chief to serve as interim department administrator for a short time while the Selectmen decide what to do is understandable and wise. It is essential, however, that this not continue for too long or be perceived as a permanent victory by Chief Mitchell's critics. This could cripple any future efforts by Chief Mitchell or any successor to restore a proper labor-management balance, as well as the need for strong but principled leadership and discipline. And I trust that the Interim Chief will be more than a caretaker. He should provide you and the Board with an informed and honest assessment of the Department's personnel, equipment, policy and other needs. If he meets with the same resistance that confronted Chief Mitchell, it will be a good indication that certain changes are needed. Conversely, if he finds that the Department has committed and capable members that understand the need for strong leadership, and department members express support for his approach, this will help underscore concerns with Chief Mitchell's style or even abilities. 2, Reportedly in recent days you and the Chief have met separately with several Chiefs from the Fire Chiefs Association of Massachusetts (FCAM) about providing a “mentor” for Chief Mitchell. This could be helpful in any effort to identify ways he might improve communication and hopefully begin to restore trust and a more workable relationship with department members. If Chief Mitchell fully commits to this effort, and gives it more than grudging lip service, this may prove beneficial. I do not underestimate the challenges. The Chief, according to even his supporters can appear to be a stubborn, opinionated and sometimes arrogant individual. Conversely, some disgruntled “leaders” in the Department display little appetite for reconciliation at this point. 3, Despite the focus on accusations and explanations, all parties show a real commitment to the citizens of Granby. The Department members are rightly proud of the past and the role they and their family members or friends have played over the years. The Selectmen and you should find ways to show your appreciation for the dedication and professionalism so many of the Department members have shown. This is nota contest where there has to be a winner and loser. 4. There is need for a third party mediator to try to see if all parties can commit to a better working relationship. I know you have spoken to the FCAM folks and they have made a recommendation of a well-respected and experienced individual that might be willing to help. It is clear that without some such involvement, the likelihood of changing the toxic atmosphere at the Department is minimal. This will require a serious change in attitude not only on the Chief's part, but also from those Department members that have harbored personal grudges and been willing to devote an inordinate amount of time undermining the Chief. 5. The interim Chief can provide insight into operational as well as personality and leadership matters that I could not be expected to observe during my interviews. He should work with the FCAM team and provide a blueprint to address many of the issues in this case. 6. Immediate attention must be paid to restoring a leadership team. The core is present and must be used. Just as one example, Lt. Tyler Yvon is generally seen as a competent and dedicated leader. The Chief should work with this talented individual and find ways to enroll him in management courses preparing him for an increased leadership role in the department. This may require mending some fences and consideration should be given to restoring or undoing some personnel actions on both sides. The FCAM mentors should make this a high priority. A way to “bury the hatchet” and provide for a way to have Mr. Randall, another dedicated and talented individual, return might be one way to help start the healing process if he and the Chief can clear the air and commit to restoring a working relationship. If Mr. Pandora is unwilling to make a similar commitment, his continued membership in the department could prove problematic. 7. 1would not wait too long to determine if any plan works. The Selectmen should insist on renegotiating the Chiefs contract as a condition for his return to work. If either the Chief or members of the Department show an inability or unwillingness to commit to an effort at communication or working with the mentor or mediator, serious consideration should be given to severing them from the Department. 8. Ifthe Chief elects not to return to the department for any reason, the Town Administrator must take steps to assure that the department does not slip back into a state of complacency, Strong leadership is needed, and some feathers may need ruffling. Peace is not the same as progress. In the long run, the department would benefit from a strong, competent Chief that is able to convey a vision and communicate and collaborate with department members, the public and the town officials. ATTACHMENT A Town of Granby Select Board 0B West State Sect Granby, MA 01033, June 4, 2018 Gentleman, ‘The Granby Fire Department hasan 80 year history of serving the residents of our town. We pride ourselves on being dedicated tothe life safety of everyone that we serve, along with participating in various community events. We have had a long history of being guided by very dedicated visionary leaders that have been focused on serving the community. Previous leaders had the ability and interpersonal skills to develop shor and long tem goals, effectively ‘communicate them to our organization, and empower the members to move forward with them. ‘Our members have taken a sworn oath io serve the community and are dedicated in doing so. Due to numerous ongoing issues and the lack ofa collaborative, respectful working relationship, the members of the Granby Fire Department fel that they have no choice but o take a vote of no confidence in the leadership abilities of Fite Chief John Mitchell. That vote hs been take. 11s with great disappointment that we have come fo this unprecedented point in our

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