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Dispatchers get jobs back E-mail
Thursday, 03 April 2008

By DONNA KENNY KIRWAN

#PAWTUCKET—In a matter that has gone full circle, the two rookie Fire Department dispatchers who were fired in the wake of the Sept. 20, 2007 death of 53-year-old kidney patient Maria G. Carvalho, have been reinstated to the Pawtucket Fire Department.

In an agreement between the city and their respective attorneys that was quietly reached about three weeks ago, Sean Mooney and Christopher Jeffrey were given their jobs back on the Fire Department, where each had been employed less than one year. Jeffrey has already returned to work, according to his attorney, while Mooney intends to resume his job shortly.

According to Mooney and Jeffrey’s attorneys, in addition to full restitution as firefighters, which includes any seniority and benefits the two men had accumulated, they will both earn back pay retroactive to the date they were fired, which occurred during the last week of September, 2007.

Additionally, as part of the agreement, any notations that were made about the case in their respective personnel files will be deleted.

According to Fire Lt. Robert Neill, president of the firefighters union, following the ruling by the attorney general’s office that found no criminal liability on the part of Mooney and Jeffrey, and a subsequent decision by the Rhode Island Department of Health that they had not been guilty of any negligence, the union filed a grievance on the men’ behalf asking for arbitration on their full reinstatement.

The city’s legal representatives attempted to block the arbitration in Providence Superior Court. They argued that the two firefighters were still on "probationary status" and were thus not entitled to arbitration.

Attorney Daniel McKinnon, representing Mooney, noted that "in fairness to the city" the matter was resolved prior to what would have been lengthy court proceedings. With an upcoming hearing looming in Superior Court, "the city decided all the issues regarding the dispatchers would be settled."

McKinnon did not indicate exactly when Mooney would be returning to work, but said he expects it to be shortly.

Attorney Stephen J. Reid, who represents Jeffrey, further explained that as a result of the reinstatement, the city’s legal action to "stay" the arbitration process has been rendered as moot and dismissed "with prejudice."

Reid added that Jeffrey, who returned to work on March 5, "is very, very, happy to be back on the job." He said that so far, his assignment has not been to an alarm room but at a station house near McCoy Stadium.

City Solicitor Margaret Lynch-Gadaleta confirmed the agreement had been reached with Mooney and Jeffrey, based on the decisions that had come from both the attorney general’s office, the state Department of Health, and the city’s own internal investigation that was done by the Pawtucket Police Department.

When asked if the two would be required to undergo any specified additional training as a condition of the agreement, she replied that the entire department has instituted additional training "for everyone."

Harvey Goulet, director of administration for Mayor James Doyle, had initially defended the firings. However, he said that once Mooney and Jeffrey had been exonerated by the attorney general’s office and the Department of Health, "we had an obligation to look into" the matter of their reinstatement.

Goulet noted that the Department of Health, in particular, had originally been rather heavy-handed with the city in its first assessment of the dispatchers. When the ruling came back that the two had not been found to have been unprofessional, it carried a lot of weight, he said. "What more can I say? Everybody has looked into the matter," said Goulet.

Goulet said that while he is not aware of the specifics, he knows that Mooney and Jeffrey will be receiving additional training upon their return to the job. "We definitely intend to move forward," he stated.

Fire Chief Timothy McLaughlin was out of the office on Wednesday and was unavailable for comment.

In late February, a wrongful death claim was filed against the city on behalf of the family of the late Maria G. Carvalho seeking $4 million in damages. Both Mooney and Jeffrey are named in the complaint, in their capacities as city employees as well as in their individual capacities, along with several other fire department and city officials.

Last Updated ( Friday, 04 April 2008 )
 
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