By CHRIS LINDAHL
@cmlindahl
Daily Hampshire Gazette
SOUTHAMPTON — A former deputy fire chief says he was punished for being a whistleblower when he lost his job after alerting officials to the Fire Department’s mismanagement of drugs last summer.
Now former ambulance coordinator Kyle Miltimore, is threatening legal action against the town unless its officials publicly praise his efforts and pay him $100,000 for lost wages and emotional distress.
Miltimore’s attorney, Cynthia J. Turnbull of Northampton, outlined Miltimore’s grievances in an Oct. 8 letter to the Select Board obtained by the Gazette.
Many of his complaints involve the May 28 suspension of the Southampton Fire Department’s paramedic-level ambulance services. The program was suspended for more than two months after expired drugs and lapses in record-keeping aboard department ambulances were discovered by a state Department of Public Health inspector.
As ambulance coordinator, Miltimore was charged with ensuring that all necessary drug management protocols were being followed. While Fire Chief John Workman has said that Miltimore’s extended absence from work last spring was partly to blame for the ambulance problems, Miltimore maintains that he was actively trying to rectify them — alerting both Cooley Dickinson Hospital officials and Workman to the drug management lapses weeks before the state inspection.
The letter from Miltimore’s lawyer has been discussed by the Select Board in closed-door meetings, member John O. Martin said.
“It was brought up in executive session and the board is aware of it,” Martin said. Beyond that, “I can’t comment at this point.”
Other town officials also declined to comment.
“Officially I just need to stick to what the selectmen put out,” Workman said.
Town Administrator Heather Budrewicz said no formal legal action has been filed in court, and she is therefore unable to comment.
Letter’s details
In her letter, Turnbull writes that the trouble began in February when Workman attempted to involve Miltimore in a dispute between Workman and another firefighter.
Facing an “incredibly stressful situation,” Miltimore that spring “cut back his day shift hours in order to avoid further conflict with the chief,” according to the letter.
The letter does not specify how much time he routinely worked before cutting back. But Turnbull’s letter stressed that Miltimore continued to work, though at reduced hours, from February to May — a claim that conflicts with a statement Workman made to the Gazette for an article published July 1.
Workman said then that Miltimore stopped showing up for work in February, leaving the department without an ambulance coordinator for three months.
The May 28 Department of Public Health inspection report mentions comments made by Workman about Miltimore’s absences, saying that he had been “on leave” since February. The inspectors wrote that Workman told them he was left with “no one responsible and qualified to oversee the ambulance operations.”
Turnbull’s letter offered a different view, saying her client “was actively working towards ensuring that the paramedic level ambulance services for the Town of Southampton were running in accordance with the laws and regulations pertaining to controlled substances.”
Miltimore worked six days in February, four days in March, one day in April and three days in May, Turnbull wrote.
Concerns mount
Miltimore expressed concern to the Cooley Dickinson official who supervises the administration of drugs aboard Southampton ambulances, according to Turnbull’s letter. The relationship between hospitals and fire departments is based on state regulations.
“He expressed his concerns to Dr. (Raymond F.) Conway at Cooley Dickinson Hospital about the fire department narcotic boxes and the need for accountability and proper record-keeping,” she wrote.
Turnbull went on to write that Miltimore and Workman exchanged several emails about the issue in March and April — “though the chief failed to rectify the issue.”
Miltimore alerted the Select Board in May to the problems and then asked to be placed on a voluntary three-month leave of absence.
The Select Board alerted the Southampton Police Department to Miltimore’s concerns over drug practices, and police remained in contact with Cooley Dickinson officials over the course of their investigation. It remains unclear who prompted the state inspection. No criminal charges were filed.
As Workman worked to resolve the problems, he appointed Lt. David Murrett as the department’s ambulance coordinator shortly after the May 28 inspection.
Upset by Workman’s public statements about Miltimore’s role in the ambulance problems, Miltimore filed a complaint with the town on July 6 while he was still on leave.
“Rather than correctly following the procedures established in the bylaws, the town opted to ignore these grievances, simply informing Mr. Miltimore that ‘no further steps will be taken on your three grievances,’?” Turnbull wrote.
Shortly before Miltimore was scheduled to return to work on Aug. 3, Workman informed him that he could not return to work until a disciplinary hearing was held on grounds of insubordination and violating department rules, according to Turnbull.
Prior to the scheduled hearing, a department roster written by Workman showed that Miltimore’s roles had been filled by other staff, Turnbull wrote, “in essence confirming Mr. Miltimore’s termination.”
The paramedic services were restored the week of Aug. 8 after Workman overhauled his department’s management practices and staff was retrained.
In addition to the monetary compensation, Miltimore is seeking a public statement from the town commending his efforts “to bring the paramedic-level ambulance service into compliance with state and federal regulations” and a favorable letter of recommendation.
Reached by phone, Turnbull confirmed that Miltimore’s demands have been received by town officials.
“I’m waiting to hear back from town counsel,” she said. “I have no comment at this moment because I want to give town counsel the opportunity to do her job.”
Miltimore said though he’d like to talk about his grievances with the Gazette, he cannot.
“Unfortunately right now I’ve been advised by my attorney not to talk about this,” he said.
Chris Lindahl can be reached at [email protected].
