An assistant chief who retired final 12 months, is suing his former division and two chief officers claiming he was compelled to resign after reporting misconduct. Assistant Chief Brian Christmas filed go well with earlier this 12 months naming the Metropolis of Sumter, the fireplace chief and an assistant chief as defendants.
In response to the criticism, Chief Christmas claims he grew to become conscious of sure improprieties and moral violations, and felt that if he didn’t converse up he could possibly be “implicated within the actions for failure to behave.” He initially contacted the South Carolina State Ethics Fee, then a Sumter County Councilman, and ultimately South Carolina Legislation Enforcement Division (SLED).
The end result, in response to the criticism, was animosity from the fireplace division management and a go to with the town officers:
- On October 18, 2023, the Metropolis Supervisor, Deron McCormick, advised Plaintiff to fulfill with the Organizational Enchancment Director, Mark Partin. Plaintiff advised Partin all the pieces that he had beforehand reported.
- Partin’s response was to ask Plaintiff what his exit plan was. Plaintiff acknowledged that he didn’t need to depart his job.
- McCormick then joined the assembly and pressured Plaintiff to retire. He advised Plaintiff that he wanted to provide a retirement date by the next week. McCormick additionally acknowledged: 1) that if [the Fire Chief] finds out about what he did (going to SLED), it received’t be good; 2) that if [the Fire Chief] comes after him, they might put him on terminal depart till his retirement date; and three) “[Plaintiff] had sinned, and prefer it mentioned in Hebrews, [Plaintiff] wanted to be punished” as a result of “[Plaintiff] went outdoors the household.”
- Because of this assembly, Plaintiff submitted his retirement on October 24, 2023, efficient November 7, 2023.
- The Metropolis turned off Plaintiff’s e mail entry and despatched him house on October 24, 2023.
The criticism alleges wrongful termination, whistleblower retaliation, civil conspiracy, and defamation. The town filed a solution that features the next:
- Defendants affirmatively allege that [Fire Chief] Ford and [Assistant Chief] Dollard recall Plaintiff telling every of them individually round this time that Plaintiff supposed to retire from Metropolis employment.
- [Assistant Chief] Dollard particularly remembers Plaintiff telling him that he deliberate to retire on account of frustrations he felt that [Fire Chief] Ford didn’t plan to retire in order that Plaintiff could possibly be chief of the Sumter Hearth Division, or phrases to that impact.
- Defendants affirmatively allege that no violations of regulation or ethics guidelines came about, that Plaintiff’s pleadings replicate that he contacted SLED and the South Carolina Ethics Fee about his issues and neither company took motion based mostly on his studies, and that statements Plaintiff made to Dollard point out that Plaintiff didn’t take any motion based mostly on issues or beliefs about alleged authorized or moral violations however due to his frustration that Ford wouldn’t retire in order that he may turn out to be chief of the Sumter Hearth Division.
- Defendants affirmatively allege that the Metropolis Supervisor did be a part of the assembly in query however didn’t in any means strain Plaintiff to retire or inform him that he needed to set a retirement date; fairly, the Metropolis supervisor requested Plaintiff what he believed was the way in which ahead. Defendants additional affirmatively allege that Partin described what he noticed as doable actions Plaintiff may take, together with persevering with to work within the Sumter Hearth Division, resigning, retiring, or going to work someplace else. Defendants additional affirmatively allege that the one point out of “terminal depart” was informing Plaintiff that if he needed to take depart from employment to seek out one other job that the Metropolis may be capable to provide that. Defendants additional affirmatively allege that Plaintiff requested to take depart to consider his resolution and he was advised that may be superb and that he and Partin may meet once more to debate on Monday. Defendants deny that any statements have been made regarding Plaintiff having sinned or having gone towards the household and needing to be punished or referencing Hebrews, which – based mostly upon their evaluation of that ebook of the Bible following Plaintiff’s allegations – Defendants don’t consider comprises any of the language Plaintiff mentions on this allegation.
- Defendants affirmatively allege that Plaintiff requested to delay the assembly that was scheduled for Monday, October 23, 2023, till the following day, however, upon info and perception, Plaintiff had truly submitted his retirement paperwork on the earlier Friday with out informing the Metropolis that he deliberate to take action.
- Plaintiff filed a grievance, a grievance listening to was held, and that the Metropolis of Sumter grievance committee discovered unanimously that Plaintiff had voluntarily retired from employment with the Metropolis and that his retirement ought to stay in place.
Listed here are copies of each the criticism and the reply: