Reinstated Lt. Bliss says retaliation forced him to retire, lawsuit pending

Aug 6, 2012

Slightly more than a year after he was reinstated to his Wareham Police Department post after the state Civil Service Commission determined he was wrongfully terminated, Lt. Donald Bliss says retaliation has forced him into retirement.

Bliss was honored with a congratulatory certificate from state Representative Susan Williams Gifford (R-Wareham) on Monday, August 6, but the recognition was bittersweet for the 27-year Wareham Police veteran, who says he didn't want to retire early.

Bliss and his lawyer, Marion Attorney John C. Dorn, notified the town on July 12 that they will seek a lawsuit alleging retaliation, the creation of a hostile work environment, discrimination, constructive termination, and negligent supervision during the time period of May 5, 2011 — the date of the Civil Service Commission's unanimous decision in Bliss' favor — and January 22 of this year, when Bliss officially retired.

"Even before he was reinstated, it became obvious to Bliss that [Police Chief Richard] Stanley objected to his return to the Wareham Police Department," according to the July 12 letter.

The letter further states that in a meeting requested by Stanley, which was witnessed by one of the department's sergeants, Stanley told Bliss that if he returned "with an ax to grind," Bliss would be assigned to "the Town Hall basement, writing parking tickets."

Because the 48-year-old retired early, Bliss will not receive the increased benefits he would have if he had put in more years. The lawsuit will seek unspecified damages for Bliss' "emotional distress, loss of income and loss of society," according to the letter.

"It wasn't an easy decision," Bliss said Monday, noting that he chose to put his family and physical and mental health first when opting to retire.

In a letter to Stanley announcing his retirement, Bliss wrote: "I love my job and always have, but I love my family more. I simply cannot ask them to continue living with this uncertainty, humiliation and constant negativity.

The letter alleges that "as the parties to whom a chief of police would report," former Town Administrator Mark Andrews and the elected Selectmen at the time of Bliss' reinstatement in spring, 2011, "failed to adequately and properly supervise and monitor the actions of a town employee." The Board of Selectmen at that time consisted of current Selectmen Steve Holmes, Cara Winslow, and Ellen Begley, and former Selectmen Walter Cruz and Michael Schneider.

Bliss was a senior lieutenant on the department when he was fired in February of 2009 for what officials said was an improper use of his town-issued cell phone, and for allegedly using his police position to sell alarm systems.

The state Civil Service Commission determined in May, 2011, that Bliss was wrongfully discharged.

Bliss was given his job back and awarded approximately $207,000 in back pay and interest. The Commission determined that he should return fully to the position from which he had been terminated.

But Bliss says he was unable to return to his position, as Stanley had "informed Bliss that he had no place for him on his command staff," according to the July 12 letter.

The letter alleges that Stanley denied Bliss access to the lieutenants' office, assigned Bliss to a desk shared by the animal control officer, would "frequently joke in front of other officers about the 'office' he assigned to Bliss, and blatantly refused to include Bliss in senior staff meetings."

Bliss was also not assigned an unmarked police vehicle, which he had used prior to his firing, according to the letter. The department's two other lieutenants do have department-issued cruisers, according to the letter.

Additionally, Bliss was not included on assignment sheets, memos, and rosters, and "was the only officer instructed by Stanley to move his marked cruiser out of a designated lieutenant's space," according to the letter.

"I wasn't allowed to do my job," said Bliss, pointing out that a different town administration was in place when he was fired, and thus he "had no problem with Chief Stanley. I had no problem with the Police Department. I had no ax to grind."

Bliss worked through mid-July of last year, but then opted to use accrued time off "while continuing to communicate to [Stanley] about giving my rightful position back and [asking him] to stop retaliatory treatment," he said. He then retired.

Neither Stanley, members of the Board of Selectmen, nor interim Town Administrator John Foster responded to a request for comment.

The town has until January 15 to respond to the July 12 letter before a lawsuit is filed, Dorn said. He has not yet heard from the town.

Earlier this year, Bliss named the town, former interim Town Administrator John Sanguinet, former Board of Selectmen members Bruce Sauvageau, M. Jane Donahue, Brenda Eckstrom, John Cronan, and James Potter, and Wareham resident Lisa Bindas in a federal lawsuit for their alleged roles in his termination. That lawsuit has not yet been resolved.

Bliss continues to work in law enforcement-related fields. He is a special investigator for his company, Mattapoisett-based Fox Private Investigations, and serves as a security specialist for Alarm New England.

Despite the fact that his retirement was bittersweet, State Rep. Gifford noted: "I'm very pleased that Don is finally getting the recognition for his years of impeccable service in public safety to the people of Wareham as a valued member of the Wareham Police Department. I hope this will help bring about a feeling of gratitude for Don and his family after the difficult time they have endured over the past few years."