WESTFIELD – The Westfield Fire Commission (WFC) is considering how to proceed with orders of the Civil Service Commission, which overturned the WFC’s decision to terminate three employees in December 2019.

In addition to overturning the termination of two city firefighters and modified disciplinary actions against a fire captain, the Commission also ordered the WFC to conduct an independent investigation of Fire Chief Patrick Egloff.

The May 21 decision followed seven days of evidentiary hearings and after considering the sworn testimony of 17 witnesses.

Westfield Fire Capt. Rebecca Boutin and firefighters Kyle Miltimore and David Kennedy were fired following an independent investigative report regarding sexual harassment allegations the three made against then-Deputy Chief Patrick Egloff, who was appointed fire chief by the WFC while the investigation unfolded. The investigation was conducted by Atty. Dawn McDonald, who was paid $46,000 by the city to conduct the investigation and give a report on her findings.

Mayor Donald F. Humason Jr. said he “can’t say much” on the subject because it is a personnel issue, however, he did say May 24 that he met with the city’s Legal Department to discuss next moves.

“The next step is meeting with the Fire Commission,” he said, adding the Civil Service Commission’s decision is legally binding and the WFC must adhere to the order to reinstate the three employees as well as conduct an investigation of Egloff.

“There’s a set of directions that must be followed,” Humason said.

The termination was ordered after McDonald’s report, which stated that the three Westfield Fire Department employees had fabricated their claims and Egloff did not commit the alleged assaults, but also stated that he should not be promoted to chief for other reasons.

The trio, represented by Atty. Maurice Cahillane, filed an appeal with the Civil Service Commission on Dec. 27, 2019. The Commission released its findings May 21, 2021 and cited concerns with the McDonald report as follows:

“1) The investigative report is riddled with examples of unsubstantiated ‘beliefs’ instead of establishing ‘facts’ along with inappropriate disparaging personality assessments which show that the investigation was tainted with bias and personal animus against the Appellants that discredit the conclusions of the investigator as they relate to the Appellants;

“2) A fair and impartial review of the facts, together with the totality of the credible evidence, exonerate the Appellants of any wrongdoing, with the exception of one charge against the Fire Captain for making a false and damaging statement regarding the then-Deputy Fire Chief, which warrants a 30-day suspension;

“3) Undisputed acts of misconduct, along with allegations of other serious misconduct by the then-Deputy Fire Chief, have been largely ignored, glossed over or sanctioned by the Westfield Fire Commissioners, who voted to promote the Deputy Fire Chief to Fire Chief shortly after the termination of the Appellants, reinforcing the appropriateness of modifying the penalty of the Fire Captain and warranting the initiation of an investigation [of Egloff] under Section 72 of the civil service law.

“In sum, and for the reasons detailed in this decision, the appeals of Firefighters Kennedy and Miltimore are allowed and the decision of the Fire Commission is vacated; the appeal of Captain Boutin is allowed in part and the decision of the Westfield Fire Commission is modified from termination to a 30-day suspension; and, pursuant to Section 72 of the civil service law, the Westfield Fire Commission is ordered to conduct an independent review regarding the allegations of misconduct regarding the incumbent Fire Chief,” states the commission’s finding.

The Civil Service Commission found that Boutin, Kennedy and Miltimore did not conspire against Egloff and were cooperating with a Massachusetts State Police investigation.

Civil Service Commission Chair Christopher C. Bowman signed the report, which includes details that stem from incidents that allegedly took place the day of the 2016 Holyoke St. Patrick’s Parade. None of the Appellants witnessed the incidents but said they were informed of them by three women who, according to Boutin, Kennedy and Miltimore, were sexually assaulted by Egloff and initially willing to come forward. All three women later stated they would not cooperate with a State Police investigation. One retracted her statement and the others said she had moved on and one stating that Egloff had apologized for his behavior.

Boutin joined the Westfield Fire Department as a firefighter/paramedic in 1999 and was promoted to captain in 2010. Kennedy joined the department on a temporary basis in 1989, becoming full-time in 1992. Miltimore joined the Westfield Fire Department in April 2012 as a firefighter/paramedic

The three termination letters sent Dec. 19, 2019 were similar and included that the employee “engaged in serious and substantial conduct including making a false report(s), insubordination and subverting the chain of command,” and “In a paramilitary organization such as a Fire Department, involvement in the creation or spread of inaccurate and harmful information as was done here has the potential to jeopardize efficient operations, did disrupt operations including the delay of the process to appoint the next Chief, eviscerates moral, and has the 41 potential to result in physical and/or emotional harm – or worse – to employees and citizens alike.”

The WFC was ordered to provide a safe working environment and stated that Boutin, Kennedy and Miltimore could request to be placed on paid administrative leave until measures were in place. The directive stated that any request must be allowed.

Humason said he believes at this time two of the employees are out on leave, one for an injury, and the third retired. The city personnel director did not respond to a request for information from Reminder Publishing by press time.

After the McDonald report, the three Appellants all filed grievances claiming retaliation, discrimination and harassment from within the department that were largely ignored, according to the Commission findings.

The public finding is available under Recent Civil Service Commission Decisions at mass.gov.