Grievance hearing held after Limerick fire captain's demotion; dispute centers on water, written rules and alleged retaliation

Attorney Scott Dolan opened a public grievance hearing on May 18 on behalf of Captain Tim Smarella, asking the Select Board to reverse a recent demotion to firefighter and to remove any negative personnel notations. "The fire chief's decision to demote Mr. Smarrella ... was wholly unwarranted," Dolan told the board, saying the demotion rested on retaliation, age discrimination, lack of a formal rule, and unsubstantiated gossip.

Dolan read the town personnel policy and the town's 2022 amendments to the Fire Department ordinance, emphasizing Article 5's requirement that department rules and standard operating guidelines (SOGs) be issued as formal written directives and be disseminated to all employees and to the board. He said the only written discipline-related document cited by the chief was a 2022 letter from a former chief addressed to firefighter Steve McClain, not to the department as a whole.

Chief Welsh summarized his investigation and the facts underlying the disciplinary action. "It is estimated that 3,000 gallons of water was taken from the station," the chief said, describing video the department reviewed and asserting that Captain Smarella opened the bay doors, moved a vehicle and retrieved a hose to fill McClain's tanker. The chief told the board his findings included that Smarella omitted key facts during the investigation and did not notify supervisory officers after the event.

The hearing included contested factual accounts. Dolan flagged that two employees were listed as having overheard a conversation on April 9 about filling trucks but were not recorded on the April 7 incident quick sheet as responders; the defense argued their declarations are secondhand. Captain Smarella acknowledged a conversation about filling trucks but said the plan did not occur until a later date and that the two employees later told him they had not observed truck movement. Firefighter Steve McClain told the board his April 13 public comments about vehicle maintenance reflected repeated, unresolved concerns over equipment upkeep.

Much of the dispute turns on whether a valid, department-wide written rule prohibited use of private fire apparatus or taking station water. The chief relied on a letter addressed to McClain and subsequent internal communications; defense counsel argued that, under Article 5, a rule must be formally promulgated and broadly communicated to apply as a basis for demotion.

After the public questioning and remarks, a board member moved to go into executive session under the personnel exemption to state law for about 10 minutes. The board returned and said it would seek legal advice and deliver findings or a decision at a meeting next week.

Next steps: the board said it will issue its findings or decision at a follow-up meeting after receiving legal input; no final decision was announced at the May 18 session.