October 19, 2010
VIA FACSIMILE ONLY
914-232-0574
Covey, Roberts, Corliss
& Carmody-Roberts, LLP
200 Katonah Avenue
Katonah, New York 10536
Attn: George Hunter Roberts, Esq.
Re: Submission to Golden’s Bridge Fire Department
Board of Fire Commissioners on behalf of
Captain Brian E. Lynch,
Pertaining to Commissioners’ Request of
September 16, 2010
Dear Mr. Roberts:
Please allow this correspondence to serve as a letter of representation on behalf of Captain Brian Lynch of Golden’s Bridge Fire Department, Inc.
At this time, Mr. Lynch has retained me in order to assist him in meeting the request made of him by your clients, the Board of Fire Commissioners of Golden’s Bridge Fire Department, Inc. at the time of their last meeting on September 16, 2010. My goal is to provide you with the information requested of Mr. Lynch by the Board, and to support that information with documentary evidence and/or the name(s) of witnesses, where possible. For reasons outlined below, Mr. Lynch is uncomfortable doing this alone, without the assistance of counsel.
Mr. Lynch currently has a conflict for the September 16, 2010 meeting; personally, given what is contained in this missive, I do not see why his presence should be excused for purposes of this month’s District Meeting, with his attendance made mandatory for the November 2010 District Meeting. Please advise at your earliest opportunity; I do appreciate it.
After you have reviewed our submission, including the corresponding exhibits, I think you will understand why it is my recommendation that both Chief Walter Hughes and the Commissioners leave the issue of Mr. Lynch’s complaint(s) open, and that both sides either engage in and/or continue their investigation of the facts and circumstances underlying Mr. Lynch’s complaints.
I also would respectfully request that the deadline for the completion of these investigations be set for the time of the next District meeting in November of 2010.
Keep in mind that in providing you with the details underlying various aspects of Captain Lynch’s complaints, he will have no choice but to make allegations, through me, against various members of Golden’s Bridge Fire Department. Captain Lynch does regret having to do this, but at this juncture, as things have escalated from simple name-calling to genuine threats to his safety, he now feels that he has no choice.
I. VERBAL HARASSMENT
Now, before I begin with this section, I should advise you that I am a second generation firefighter myself (my father being paid and myself volunteer), so I am well aware that a firehouse can often serve as a backdrop for often innocent teasing and, to use the vernacular, “chop-busting.” My client, Captain Lynch, as both a man and a firefighter with ten (10) years’ experience under his belt (having joined GBFD in December 2000) and having been a member of the Ossining Volunteer Fire Department, is aware of this truism as well.
It is one thing that a fellow member (Lieutenant Alex Roth) allegedly assigned Captain Lynch a nickname. It is quite another that he allegedly dubbed him “Stranger Danger” (insinuating pedophilia) having strictly negative connotations. And if my client didn’t mind or care about the usage of said moniker in connection with him, so be it. However, he did care and had, according to Captain Lynch, repeatedly asked Mr. Roth to cease engaging in such name-calling activity, to no avail. In fact, Mr. Roth continued to utilize the moniker.
At this time, Captain Brian Lynch is still the victim of put-downs and other forms of verbal abuse. For example, recently when he made a complaint about things to Commissioner Robert Melillo, he was allegedly told, “Quit your cryin’.” If this representation is in fact true, the question remains: how is my client expected to receive fair treatment at Golden’s Bridge Fire Department, either in a global sense or in connection with the investigations that allegedly have been begun by both the Board and Chief Hughes, if the complaints are from the get-go being treated in such a dismissive and derogatory manner?
As a result of my client’s concerns, he retained my services to assist him through the process of expressing his concerns to both yourself, the Board and Chief Hughes and, where possible, supplementing his allegations with documentary evidence and/or the names of witnesses.
It is our hope that after having documented Captain Lynch’s various concerns and/or complaints that they will be investigated thoroughly, with the necessary constructive criticism and/or warnings issued, both to the main antagonists and to the Department as a whole.
Something must be done; things cannot continue to escalate, because as you will see, as discussed below, things have already escalated to the point where my client has conceivably been placed in harm’s way multiple times. (See Point V, below)
Before I move on to my next point, I should also bring something else to your attention that falls under this category in a general sense but does not consist of name calling specifically. Back in November of 2009, Captain Lynch was requested by Chief Hughes to take 2nd Asst. Chief Richard Barrett’s chief’s car to cover the Golden’s Bridge community while Chief Barrett was unable to respond in the Chief’s vehicle car 2143. Afterward, it is my understanding that both Chief Hughes and Captain Lynch were allegedly scolded by then-President Albert Melillo, who scolded at Captain Lynch: “And you, you fuck, you are not a fucking chief, you are not to drive the fucking Durango. Who said you could drive the Durango?” Following this scolding, my client was not ever allowed to utilize a chief’s car, and all this despite the fact that the Chief himself ordered Captain Lynch to do so.
A few thoughts on this:
1. Golden’s Bridge Fire Department (hereinafter “GBFD”) by-
laws do not discuss any such restrictions;
2. GBFD District Policies do not discuss any such restrictions
and I am currently unaware of any written directives from the Commissioners to the Chief indicating that Chief Walter Hughes
was not allowed to utilize the truck at his discretion;
3. There are no statutes, rules, regulations or ordinances of
which I am currently aware that discuss any such specific
restrictions; and
4. From my experience as a firefighter, I have never heard of
such a policy being employed at a fire department. In fact,
from my experience it is often understood that when a chief
issues an order at a scene or drill/training exercise, that it is
to be followed. A fire department, as you know, is a
paramilitary organization. My client was merely following
orders from a superior officer and never should have been
scolded by anyone for having done so. The verbal undressing
that he allegedly received was, to my mind, uncalled for and
patently unfair…and quite possibly only done because it was
Captain Lynch and not someone else.
5. In fact, per GBFD by-laws, it states at Article V, Section 5,
“[The Chief] shall have supervision of the present fire fighting
equipment, and all additional apparatus and Fire Department
property of the Golden’s Bridge Fire District, entrusted to his
jurisdiction during his administration.” (See p. 13 of the GBFD
by-laws.”
6. Furthermore, Article V, Section 8 reads: “… At fires and
drills [the Captain] shall have command of his company and
issue to his men such orders as he may deem advisable or as
commanded by the Chief in charge.”
So, ultimately, my client was merely following the orders of his Chief back in November of 2009, and there are no written laws/by-laws or directives that would have made it inappropriate for Chief Hughes to have issued such an order to my client in the first place.
Again, it is my client’s belief that the only reason why he was chastised was because he is currently being harassed by members of GBFD, directly and indirectly, who allegedly do not care for him.
II. PROPERTY DAMAGE
AND/OR VEHICLE TAMPERING
It is the allegation of Captain Lynch that back in November of 2009, he attended Katonah Fire Department’s installation dinner with Chief Hughes, and when Captain Lynch left his private vehicle on GBFD grounds to attend the event, it was tampered with. Captain Lynch describes the damage to his car as follows: “The car was making extremely loud noise when moved. I did not know what was done to my car but recognized immediately that it had been vandalized. Only days later was I told that ‘zip ties’ were attached to the crank shaft of my vehicle to make the sound of my car malfunctioning when moved.”
When Captain Lynch returned from the Katonah installation dinner and found that his vehicle was damaged, the following individuals were present from GBFD: John Nevins, Alex Roth, Albert Melillo, Robert Hunt and James McManus.
I am told that when Captain Lynch discussed the matter (and the incident involving President Albert Melillo) at the December 2009 GBFD monthly meeting, he choked up with emotion at the end of his request to the department to “Straighten Up.” He again tried, in a global sense, to warn the department that he did not appreciate having been mistreated.
But it would seem that there was an effort made to remove evidence of the notice to the department that Captain Lynch made at the December 2009 meeting. Although the corresponding meeting minutes indicated that Chief Walter Hughes said to “let bygones be bygones,” apparently my client has spoken with Chief Hughes and confirmed that this was never said by him or approved by him in terms of such a representation being placed in said minutes.
In the interim, as my client made complaints to various Commissioners, he was allegedly told that “everything’s okay,” “Alex Roth is a good guy, just let it go,” and to “let everything take its natural course” in terms of the relationship (or lack thereof) between my client and Mr. Roth. The Commissioners that my client names in terms of this type of commentary are as follows: Steven Mines and Thomas Beneventano. My client claims that he confided in Steven Mines multiple times and was told it was “bullying” and that the wisest course of action was to “ignore it”.
My client did try to do as they asked in terms of not making any further complaints about Mr. Roth or anyone else, but things simply escalated from there.
III. GEAR TAMPERING
During January of 2010, while responding to a call on Interstate 684, Captain Lynch pulled out his helmet to don it for said call, when he saw that the words “Crying Brian” were stuck onto his helmet.
He ultimately peeled the letters off of his helmet, and allegedly made a complaint to Commissioner Steve Mines, who allegedly said back to him, “This is just bullying behavior,” and furthermore allegedly recommended that Captain Lynch not make any formal report about the matter. He again was urged to “ignore it”.
IV. THEFT OF PERSONAL BELONGINGS
After this occurrence, things did unfortunately continue to escalate: my client’s voice emitter was stolen off of his face mask from his gear rack, as well as his leatherman’s tool, which was not Department or District issued but instead was purchased by my client, at his own expense. My client claims to have sent an e-mail to all members of the Board of Commissioners
complaining on Sunday April 11th, but allegedly nothing was ever done to investigate and/or resolve these issues.
Commissioners Robert Melillo and Tom Beneventano both responded that
“This is a department issue. I agree, this needs to addressed by the Chief.
If the Chief can not resolve it I don't know what the district can do.”
But the escalation only continued from there….
V. GEAR TAMPERING THAT PLACED
CAPTAIN LYNCH IN PERSONAL DANGER
For a number of weeks after the theft occurred, Captain Lynch noticed that his radio did not function at calls. He began examining the radio while it remained on his gear rack during non-calls/functions, and saw that it would often be dead as well. The condition of the radio was always the same: it would be left on, with the battery drained, taken off its contacts with the holster so that it could not remain charged and would eventually die out. No matter how careful Captain Lynch was to make certain that his radio was left in the holster charging, he would then without fail find that it was taken out of the holster so that the battery was dead.
According to Captain Lynch, he made complaints to Chief Hughes and would show him the condition of the radio, so the Chief was made aware of this issue some time ago.
My client even went so far as to set a “trap” to see if his hunch was correct—on April 18, 2010 he made certain that his radio was fully charged and left touching its contacts on its holster, and left it in plain sight, properly cradled, on his gear rack. He then left the building at 11:00am and returned at 3:00pm, only to find his radio out of the socket and drained, as expected.
Following this discovery, he immediately reported it to Commissioner Steven Mines, who was working on Rescue 24. A PassPoint Account printout was made showing who from GBFD had access to the building during the times in question o, a copy of which is annexed hereto and made a part hereof as Exhibit “A.” As can easily be seen, the following individuals had access to the building: Brian Lynch; the District Treasurer; Chief Walter Hughes; Commissioner Robert Melillo; Joseph Simoncini; Alex Roth; Douglas Smith; Joseph Manstrelli; Christopher Weigert; the Secretary; Victor Chiappa; John Nevins; Steven Mines; Tyler Dente; Shane Collins; Nicholas Turi; Louis Velasquez; Commissioner Edward Brancati; and James McManus. Doug Smith later relayed to Captain Lynch that Chris Weigert, Rob Melillo and Alex Roth were in the engine bay for the duration of time that the radio was tampered with.
Certainly, my client has his suspicions as to who would have been most likely inclined to tamper with his gear—and that would include anyone who has ever referred to him as “Crying Brian,” and that means: Alex Roth; Christopher Weigert; and perhaps but not necessarily even Robert Melillo. At this juncture, given his alleged verbal harassment at the hands of Alex Roth and several of his friends, the likely perpetrators most pre-disposed against Captain Lynch would be in the following order, per my client: Alex Roth, Robert Melillo and Chris Weigert.
I probably do not have to explain the danger of the radio being tampered with so that it would be drained on a regular basis…there is the risk that Captain Lynch could have responded to a call with a “dead” radio and left without a way in which to make contact with anyone else should circumstances turn dire. Ultimately, his life or the life of another could have been placed in jeopardy. He is expected to enter already dangerous situations; having gear that is tampered with or gear that he must worry has been tampered with can result in disaster for him and/or his men.
This simply unacceptable, dangerous and reckless gear tampering on a repeated basis has left Captain Lynch extremely concerned for his personal safety.
But then a direct threat was issued against Captain Lynch that left no question as to the perpetrators’ intentions….
VI. DIRECT THREAT LEFT ON CAPTAIN LYNCH’S
GEAR RACK, IN PLAIN SIGHT
Given the toxic environment that allegedly existed at GBFD at the time, Captain Lynch authored a letter to the department dated April 24, 2010, a copy of which is annexed hereto as Exhibit “B.” In that letter, Captain Lynch expressed his dissatisfaction with several issues afoot in the Department at the time, including those concerning him directly.
On April 27, 2010, in full view of Chief Walter Hughes, Randy Sant and Ned Canora, Captain Lynch attempted to discuss these issues with Commissioner Robert Melillo, who was heard to exclaim, “It’s over. You don’t need a reason. Stop your Cryin’ Brian.”
On May 7, 2010, Captain Lynch found a note attached to his gear rack that threatened, “YOU’RE NEXT BITCH” with a face beneath the words, crying and appearing to be in pain. Also attached were zip ties, crowned with a box of Kleenex (to go, of course, with the “Cryin’ Brian” theme).
Captain Lynch’s discovery of this was witnessed by Joe Mastrelli, Tyler Dente, Rob Hunt and Nick Turi. He found the letter at approximately 5:00 PM and contacted Chief Walter Hughes and Commissioner Steve Mines immediately and photographed the threatening materials. Captain Lynch also removed the hanger on which the threat was left and informed Chief Hughes he was taking it with him.
Captain Lynch then took Rescue 24 as scheduled to support Cub Scout Pack 154’s Rocket Derby. Captain Lynch returned to GBFD at approximately 9:15PM. Steve Mines was cleaning one of the engines at that point in the engine room and informed Captain Lynch that, to his mind, at this time the gear rack issue was not a district matter and must be handled by the Chief.
Captain Lynch arranged with Chief Hughes the following morning to file a Police report with Lewisboro Police Department. By the time the matter was reported to the police and a police officer was dispatched to the scene, it was approximately 11:00AM on May 8, 2010. The Incident Report of Police Officer Michael Martell is annexed hereto and made a part hereof as Exhibit “C.”
On May 7, 2010 at 11:08PM, my client e-mailed Edward Brancati, Chair of the Commissioners, about the incident and provided him with an enclosure which consisted of photographic evidence of the existence of the note and the gear tampering.
As a result of the most recent acts against him, Captain Lynch did not attend the May 8, 2010 GBFD installation dinner, partially out of fear of his vehicle being tampered with in the parking lot outside, and partially out of fear and/or worry that someone would make an insult to him or additionally threaten him. It was clear at this point to Captain Lynch that certain members of GBFD were ‘out to get him’.
The following Tuesday, i.e., May 11, 2010, Commissioner Robert Melillo, in front of witnesses in the meeting room, walked by Captain Lynch, in front of my client’s face and said, “ I always carry my knife” (in an apparent attempt to intimidate Captain Lynch).
After that threat, and in light of the last several months’ escalating abuse, Captain Lynch began attending fire department monthly meetings and district meetings when directed to do so, but increasingly avoided the fire department, as he was afraid of further direct and/or indirect abuse. Especially given the gear-tampering that had repeatedly occurred, Captain Lynch justifiably was afraid for his safety.
Commissioner Tom Beneventano allegedly stated to Captain Lynch prior to a drill at the end of May 2010: “There are members here who would not pull you out of a burning building.” One would think that, what with the responsibilities that both Commissioner Beneventano and Captain Lynch have, that a statement like this alone would warrant investigation into these “members of the department.” My client maintains that it is his opinion that Commissioner Beneventano must have some idea who these individuals are, and this representation, perhaps unwittingly, has instilled fear in Captain Lynch.
Captain Lynch continues to be verbally chastised by members of GBFD at this point in time. Chief Albert Melillo allegedly scolded Captain Lynch at a water drill in July for a mistake made by Chris Weigert in terms of using improper rescue rope. It is my client’s belief that Albert Melillo’s intent is to draw Captain Lynch into direct confrontations with these interactions. Captain Lynch advised me that he refused to engage in confrontation with Chief Melillo which allegedly further enraged Chief Melillo.
Per my client, Chief Albert Melillo, Lieutenant Alex Roth and Lieutenant Chris Weigert all then allegedly accused Captain Lynch of purposely attempting to embarrass Lt. Weigert when the matter was discussed at the August GBFD Officers meeting. This was witnessed by Lieutenant Ned Canora and Chief Walter Hughes.
This is shameful, because if one considers the point totals from, say, the year 2009, one could see that Captain Lynch was one of the highest point earners of all GBFD. A copy of the year end point tally for GBFD is annexed hereto and made a part hereof as Exhibit “D.” Upon information and belief, Captain Lynch was among the highest point-earners dating back every single year of his membership in GBFD from 2001-2009. It should also be noted that Captain Lynch has also earned Presidential certificates of recognition from his employer for 500+ hours of volunteerism to the Golden’s Bridge Fire Department for each year 2008 and 2009.
My client claims that at the time of the most recent District Meeting (i.e., September 16, 2010), he was advised that the District had engaged in some investigation of his complaints via Chairman Brancati, but when he asked for documentation and/or a written report showing what steps were taken in terms of said investigation, the District refused to provide him with any documentation at all. He was told directly "I can tell you whatever the hell I want" and "You will probably never get a report" By Chairman Brancati. Mr. Lynch made an audio recording of the subject meeting.
I do not believe that my client made an unreasonable request, and at this juncture I hereby request that copies of all documentation related to the investigation into the allegations of my client (the District’s and/or the Chief’s) be provided to my office as soon as possible. My client certainly is entitled to see what, if anything has been done on his behalf, especially when threats are both directly and indirectly being made to his safety by member(s) of his own fire department.
RECOMMENDATIONS
While my client and I agree that Chief Walter Hughes is responsible for conducting, completing and documenting his own investigation into the matters discussed above, as they do smack of “personnel” issues, we also believe that the Commissioners (or representatives on their behalf, see below) must conduct their own investigation. This is due to the fact that Captain Lynch’s gear has been tampered with on numerous occasions, and that his overall safety is being placed at risk as a result.
Since Commissioner Robert Melillo allegedly made various derogatory statements to my client, he obviously must recuse himself from any further involvement herein—i.e., he must not be present at any meetings about the matter with the Commissioners and Captain Lynch pertaining to his allegations; he must not be involved (directly or indirectly) with any investigation conducted in terms of my client’s allegations; and (if applicable) certainly could not be one of the Commissioners presiding over any hearing(s) that would be held following the conclusion of any investigations.
Of course, since he is the brother of Albert Melillo, another alleged aggressor, this simply serves as yet another reason why Commissioner Melillo must recuse himself from things.
Since my client alleges that he had various conversations with Commissioners Beneventano and Mines about the matters discussed above, they must be part of the investigation(s) conducted and should therefore also recuse themselves as Commissioners for purposes of my client’s case.
Upon information and belief, it is my understanding that there may be an attorney-client relationship between Commissioner Beneventano and one or more of the aggressors concerning unrelated matters…but it would still again, to my mind, mean that there is a conflict of interest that would lead to said Commissioner having to recuse himself.
It would also appear, from my discussions with my client that the remaining Commissioners are friends with Albert Melillo and Robert Melillo socially. If this happens to be the case, my client is justifiably concerned that his claims and accusations will not be treated neutrally and fairly as they deserve to be. I would respectfully suggest that, so as to avoid any appearances of impropriety, all of the Commissioners recuse themselves from any involvement pertaining to the investigation of my client’s claims, especially any investigation performed by Chief Walter Hughes. Of course, this begs the question—if the Commissioners must all recuse themselves due to their either being (allegedly) directly involved in my client’s complaints and/or being close friends with those who are (allegedly) directly involved in my client’s complaints, how does the District take any action concerning this matter?
I do have a recommendation or two that should be considered, just for purposes of my client’s investigation and any internal hearings that might arise given the conclusions that may be arrived at upon the conclusion of said investigation.
First, GBFD By-Laws, Article VII Section 4 allows for the existence of a Membership Committee. Current President John Winters could appoint the remaining members of this committee (provided they are not directly involved with matters) and this committee could stand in the shoes of the Commissioners regarding overseeing an investigation into my client’s accusations.
Second, GBFD By-Laws, Article VII Section 5 provides that Special Committees “may be appointed pursuant to the resolution adopted at any meeting of the Department.” Perhaps a Special Committee could gain be called into existence by President Winters in order to stand in the Commissioners’ shoes for the limited purposes of overseeing a District-launched investigation of my client’s complaints and (again, if necessary) presiding over a hearing pertaining to any of the alleged aggressors/antagonists and/or their co-conspirators.
I would also recommend that the President call a Special Meeting, noticing it in writing and providing sufficient advance notice, with attendance mandatory for all members, wherein issues such as harassment, name-calling, gear tampering, etc. are be raised not just in relation to my client’s allegations, but in a general sense. The membership should be warned about a zero tolerance policy on behalf of the Department and the District (I have a hard time imagining why one wouldn’t want to do this anyhow). Perhaps an intelligent, sensitive discussion of these matters could be had wherein the membership could arise as a whole and have a “fresh start” with one another.
It should also be made known that from here on out, my client has been instructed that should a “fresh start” not be enjoyed by him in the Department (i.e., the harassment, theft, tampering, etc. continues at any point in time), he will: (a) call the police; (b) call myself; (c) call the Chief of the Department; and, if applicable, (d) call the Chairman of the District’s Board of Fire Commissioners, in that order, from now on. Perhaps that would serve to discourage whoever has been harassing and threatening him, even if the investigation(s) conducted never yield conclusive findings.
CONCLUSION
At the present time, it is the desire of Captain Lynch to have this matter investigated in-house, with the conclusions of said investigation(s) to be documented and provided to his counsel, and for the matter to be dealt with in-house. Especially since he was asked by the Commissioners to provide them with information and/or documentation to support his recent complaints, Captain Lynch should not fall victim to any retaliatory practices from any GBFD member and/or the Commissioners themselves for having done as he was requested to do.
I would hope that some, if not all, of my recommendations are employed, for the good of your clients’ fire department. At the end of the day, Captain Lynch simply wants the abuse to end, and for the Department to use his travails as a teachable moment so that the membership is perhaps made more clear in terms of acceptable versus unacceptable behavior…and what will happen if unacceptable behavior continues to result versus Captain Lynch or anyone else who is a member of GBFD.
At this rate, I do believe that it is clear that the matter(s) concerning Captain Lynch should be deemed to remain open at this time, as further investigations are necessary. I do not know if Captain Lynch’s attendance at the very next District Meeting on October 21, 2010 should be required—he certainly does not feel comfortable under the circumstances, until arrangements are made for his complaints and concerns to be investigated by individuals who are not either directly involved in the issues and/or friends and/or relatives of those who are. Please contact me to discuss Mr. Lynch’s attendance at the October 21, 2010 District Meeting at your earliest convenience.
Thank you very much. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact the undersigned. I remain:
Very truly yours,
Enclosures
CC w/Enclosures:
Chief Walter Hughes
Golden’s Bridge Fire Department
