Selectmen hear appeal in Limerick firefighter Steve McClain’s termination; attorneys clash over due process and safety concerns

The Limerick Board of Selectmen on July 7 heard an appeal from firefighter Stephen “Steve” McClain seeking reversal of a termination imposed by Fire Chief Jared Welsh. The public hearing, requested by McClain and opened after he waived a confidential executive-session proceeding, included claims from the firefighter’s attorney that the dismissal was unlawful and arguments from the chief and his counsel that the discipline was necessary for safety and command integrity.

"The fire chief's decision to fire Steve McClain from the fire department is wholly unwarranted and an insult to nearly 50 years of incredible service," said Scott Dolan, attorney for the appellant, urging the board to either reverse the chief’s action or grant a full hearing before the board. Dolan told the selectmen that McClain’s termination violated his right to a pre-decision testimonial hearing, and he outlined five grounds for relief: denial of due process, unlawful retaliation, age discrimination, discipline not grounded in written department rules, and unsubstantiated or vague allegations.

Fire Chief Jared Welsh, who spoke at the hearing, described repeated operational concerns that led to discipline. "I cannot stand here today and tell you that I can continue to uphold the duties I was hired to perform with an employee who does not listen to directions," Welsh said, summarizing the chief’s view that McClain’s conduct—use of unauthorized blue lights on a personal vehicle, repeated nonessential radio traffic on a shared emergency frequency, and removing town water for private use—undermined the department’s safety and command structure. Welsh said the record includes prior written warnings and incidents documented in the department exhibits.

Justin Carey, attorney representing Chief Welsh, told the board the disciplinary process followed municipal procedures rather than the formal adjudicatory provisions in the Maine Administrative Procedure Act, and that McClain had been given notice, predetermination letters and opportunities to respond. "He had notice. He had prior warnings of reasonable rules... and an opportunity to respond during that investigation," Carey said, arguing the record supports a finding of just cause.

Dolan disputed the sufficiency of the record, saying the appellant had been denied a hearing that would have allowed cross-examination and that a key set of exhibits (including an SOG labeled "SOG 17") was provided late to the defense. Dolan also tied McClain’s suspension to his public comments earlier in April in which, Dolan said, McClain had raised concerns about maintenance of town fire trucks—an action Dolan described as whistleblowing protected under the town personnel policy.

The hearing included focused exchanges about a written water policy: board members and witnesses acknowledged there is no specific written policy governing use of station water. McClain and other residents described long-standing informal practices of filling department apparatus to support mutual aid and community needs; the chief and his counsel said specific circumstances (such as taking a large quantity of water on a day command staff were absent) distinguished the conduct at issue from ordinary assistance.

No final vote on the appeal was taken at the meeting. The chair reminded the public that, under the town’s personnel policy, the selectmen will render a final decision within 30 working days following the hearing.

The board closed the grievance hearing and moved on to regular agenda items. The record from the hearing includes competing claims of procedural error and retaliation from the appellant’s side and documentation-based just-cause arguments from the chief’s side; the selectmen’s forthcoming decision will state whether the chief’s termination order is upheld, reversed, or remanded for further proceedings.