Londonderry Firefighter Patricia Hamann is taking the Town to court for damages related to alleged harassment and a hostile work environment created by her co-workers and superiors.
Hamann, a career firefighter with Londonderry since October 2002, “cited a lack of communication and manipulative and controlling behavior” in a request on May 8, 2012 to be transferred to a different battalion, which was subsequently denied, according to her complaint for damages and declaratory and injunctive relief.
Hamann’s amended complaint was filed in Rockingham Superior Court on Dec. 19.
Hamann alleges that between February and April 2012 she was subjected to a controlling and demeaning battalion chief, and that she was coerced into submitting a station assignment change request.
Additionally, the complaint alleges Hamann’s battalion chief would undermine her seniority by allowing more junior firefighters benefits not conferred upon her and by encouraging other firefighters to ignore her, exclude her from conversations, exclude her from activities, or otherwise make it difficult for her to perform her duties as a firefighter.
Hamann alleges her co-workers would ignore her and talk about her while she was in the room as if she were not there, ignoring her requests or statements to them, and otherwise undermining her ability to perform her job.
The Town denies the veracity of Hamann’s complaints in court documents filed by Town Attorney Joshua Scott on Jan. 20.
Scott did not return calls for comment.
Hamann alleges several requests for transfer to a different battalion were denied by Fire Chief Kevin MacCaffrie, who resigned from his position in early 2013, and current Fire Chief Darren O’Brien; and that she was disciplined several times following her requests for transfer.
The Town admits Hamann requested a transfer from Battalion 3 due to what she alleged were a lack of communication and manipulative and controlling behaviors, but denies Hamann alleged she was subject to harassment and a hostile work environment.
The Town also admits Hamann complained in her May 8, 2012 transfer request about the actions of the battalion chief, but denies the veracity of such complaints. The Town also admits Hamann was disciplined for reasons unrelated to her request for a transfer.
On Aug. 26, 2014, O’Brien temporarily transferred Hamann to another battalion. The Town admits O’Brien transferred Hamann when the Police Department launched an investigation into her complaints of harassment and a hostile work environment.
“Instead of being transferred immediately, as requested, the Town waited over a year to transfer (Hamann). Despite ultimately transferring her to a new battalion, the Town failed to address the hostile work environment caused by employees in her old Battalion,” Hamann’s complaint alleges. “Therefore, when Hamann works overtime, she is required to work with the same employees she originally complained about. Those employees continue to create a hostile work environment. As a proximate result of the Town’s retaliation against (Hamann), she has incurred pain and suffering, loss of certain benefits and other losses.”
The Town admits Hamann occasionally works with employees in Battalion 3, but denies all the other allegations related to those claims.
As part of the Police Department’s investigation into Hamann’s complaints, the Department interviewed Hamann, her co-workers, the chief and other witnesses. The investigation concluded by the end of 2013.
“Upon information and belief, as a result of the Londonderry Police Department investigation, Chief O’Brien authorized (Hamann’s) transfer to another battalion,” according to court documents.
Hamann made several requests for a copy of the investigation report to the Town.
When her requests went unanswered, Hamann complained to the New Hampshire Department of Labor (DOL).
The Town again refused, saying it’s not obligated to provide the report, according to the documents.
On July 11 and 28, 2014, Hamann, through legal counsel, filed two requests pursuant to RSA 91-A seeking email communications between certain town employees involved with her grievances against the Town, involving her requests for transfer, and involving alleged misconduct by the Town.
Although the Town acknowledged receipt of the requests, the Town never responded, it’s alleged in Hamann’s complaint.
The Town admits receiving RSA 91-A requests on July 11 and 28, 2014 from Hamann requesting email correspondence from numerous employees.
“(The Town) denies the requests were limited in any way to issues related to (Hamann), but rather sought all communications for nine employees of (the Town) over a two-year period,” according to the court documents. “(The Town) admits it responded to (Hamann’s) requests in a letter dated Aug. 27, 2014 and has not produced documents in response to the RSA 91-A requests.”
Additionally, the Town says Hamann never responded to its request in a letter dated Aug. 27, 2014 to clarify the scope of her RSA 91-A request.
The Town has asked the Court to dismiss Hamann’s amended complaint and award the Town its attorney fees, costs and expenses.
Hamann has asked the Court to order the Town to produce the police investigation report and the documents in her RSA 91-A request. She is also asking the Court to award her compensatory damages for the Town’s unlawful conduct and award her attorney’s fees and costs “for the Town’s willful and malicious conduct.”
The Town will argue it did not act with malice or reckless indifference to any of Hamann’s rights, and that every action of the Town was taken for a legitimate and non-discriminatory business purpose and was consistent with principles of law.