Golden’s Bridge Fire District Mtg. with Capt. Brian Lynch 9/16/10

Golden’s Bridge Fire District Mtg. with Capt. Brian Lynch 9/16/10 –

Transcript of audio recording.

Key :

BL – Brian Lynch

TB – Tom Beneventano

EB – Ed Brancati

JW – John Winter

RM – Robert Melillo

JS – Joseph Simoncini

GR – George Roberts

WH – Walter Hughes

EB – Come on in and have a seat

BL – I just want to repeat my request that I prefer to talk to Ed privately but..

TB – Just Ed

BL – That is my desire

EB – You know,back a little while ago when we tried to set this meeting up in the first instance , tried to set this meeting up in the first instance and then you were going out of town on business.

TB – I’ll interrupt (unintelligible)…. Privately..that’s fine but he commissioners I think would like to talk to you as a district but the president said just that you asked him to be here

BL -No he volunteered I guess and I have no problem with John being in the room no.

TB – It’s OK that he’s he

BL – but I am not comfortable speaking in front of the entire board.

TB- I understand..is it OK if he is here?

BL – Yes I am comfortable with John being in the room

EB – The district board of fire commissioners I happen to be the chair because somebody has to be designated the chair according to the law but when it comes to these kinds of matters um I look at the board of fire commissioners as five equal individuals, nobody more special than somebody else. Um, you raised the complaint, um there has been some action on it. The board of fire commissioners wanted to know from ah your perspective where the matter rests at this point um because we had a police investigation, we had uh actions that were taken by the chiefs um.

BL – Do you have that documented? All that actions you’ve taken?

EB – Actions that have been reported us by chiefs ….agreed ..that have come up

BL – No, your investigation too

EB – Yeah, we had a Police Investigation

BL – No your investigation of this incident, do you have documentation that you did an investigation?

EB – Yes

BL – Can I have a copy of it?

EB – This is part of it

BL – OK, I need a copy of it

EB – No

BL – No, you can’t tell me No. It’s my right

EB – I can tell you whatever the hell I want to Brian. And in this climate right now, you raised a complaint about some members of the department messing with your equipment.

BL – I’m in a hostile environment here. I can’t even come here.

TB – There’s nothing hostile here Brian. What we’re trying to do is we’re trying to find out what happened. We received a complaint that something criminal may have been involved and you asked…

BL – Do you want me to take you through the history real quick?

TB – Just listen to me for one second please, yes I do want the history. But then you asked for the district to be fully involved. So we got involved, that’s the only reason we got involved was because you asked for it.

BL – Well I got mixed signals, the first note I got back was that it’s not the district’s issue, it’s the chief’s issue.

TB – Who sent the note saying it was the chief’s issue?

BL – Rob Melillo

RM – It ended up we asked the chief to do an investigation

TB – Right, we asked the chief to investigate on the issue of manpower. That was our first act to ask the chief to investigate with you and then report back to us what is the issue? Did we need to be involved further, was this something that’s been satisfactorily resolved? And we were told it was satisfactorily resolved.

BL – By??

TB – By the Chiefs and that you were satisfied.

BL – I did not… That is not the truth

TB ….. (unintelligible ) we asked for something to be signed to that effect. We need something in writing that says that this is resolved to your satisfaction and that there is if I recall correctly

?? – I have an email from you saying that

BL – OK, Can I get the documentation of the investigation you’ve done, what’s your (unintelligible)

TB – OK you were going to start with the history. Go ahead give me the history

BL – My car was tampered with.

TB – When?

BL – Last November. My Gear was tampered with consistently. Items were stolen off of my gear. My helmet was defaced and then I got the threatening letter on my gear.

TB – OK

BL – Over a period of 6 months my gear was tampered with and since then

GR – Brian your car was tampered with here?

BL – Yes

TB – OK

BL – And I was able with very little due diligence I was able to map who was in the building on all these occasions. It’s a very narrow scope and it’s the same people that are treating me hostily at this point here at the firehouse.

GR – So the car was tampered with.

BL- My leatherman’s was stolen, my voice modulator was stolen

RM – Slow down please Brian

BL – I am repeating my request that I would like to talk to Ed. No, No, You’re Just, I know what you’re doing

TB – Just want to know who’s being, Who was here

(unintelligible)

BL – Where’s Steve Mines?

TB – He’s away

GR – What was the last thing Brian you said?

BL – My voice modulator and my leathermans

EB – Leathermans

GR – Also there was a note attached

BL – My helmet was defaced and then I got a note on my gear on May 7^th. It said “YOU’RE NEXT BITCH”. And I have the note.

?? – The police report was filed

BL – The police report was filed the next morning.

TB – and that’s when we asked for the police to come here? Perfect. That was at our request.

BL – That was not, it was my request and Walter who called the police.

JS – No, No That was on my request.

TB – Yeah it was our request.

BL – Walter?

JS – to the Chief to have

WH – You reported

TB – It was our request to have the Police here. We wanted the Police here. That’s the first thing we wanted.

WH – You requested it, I told Ed that’s what we’re going to do.

BL – I requested that evening through Steve Mines to bring Ed Brancati to the firehouse that Friday evening and that he did not..Neither of them showed up that evening and the next day the Police came after I called Walter and requested the Police.

GR- With the issue with your car, what did they do?

BL – I never really found out what happened but I was told that they had attached all kinds of , what is it Rob?

JW – Zip Ties

BL – Zip Ties

JW– I am assuming

BL – I have no idea , sounds like your car was screwed up.

JW – (unintelligible) I believe that’s what it was

TB – (unintelligible) Where were we first (??)

GR – There was an incident report I believe.

?? – (unintelligible multiple people talking) I don’t know

?? – Do you have a copy of the report

BL – The Police report was filed when the threatening note was put on my gear

GR – The police came I believe

EB – You have the report

GR – Somewhere there was an incident report by the Police and then on my recollection the Chief that subsequent things sort of..

WH – From my knowledge from the moment the police report I have heard nothing

GR – Since the Police investigation, the equipment .. (unitelligable multiple people talking)

GR – So the car was before .. (unitelligable multiple people talking)

BL – The car was the first incident

TB – That was last year

GR – Last year

TB – November

GR – The rest of this was this year

BL – Correct

GR – The Police investigated

BL - May 8^th

GR – After that

WH – After that to my knowledge there has nobody been tampering with anybody’s gear

JS – If we called the cops on the note ok that’s fine , not on the car tampering

TB – But we (unintelligible) on all these things

BL – Yes we did

TB – The it would be in the Police Report

RM – It would be in their report

TB – OK That’s fine. As long as there was a Police report and everything was done. Now subsequent to that..what else .. (unintelligible) The next step in the district

BL – Then I have been verbally abused. I am not going to name names because I am not comfortable with all the people in this room.

TB – I understand , you need to relax

BL – It’s hard for me to relax when I am the one who is not getting my request met.

TB – Your request as I explained to you. (Multiple people talking)

BL – I’m sorry??

(multiple people talking)

GR – Your allegation without particulars without the is that there are people in the fire department that verbally abused you, is that right?

BL – That’s correct

EB – That’s news to me tonight

GR – And that has happened during this summer or summer period sort of speak?

BL – It’s been happening consistently until within the last couple of weeks yes

TB – Just so you understand on your request, your request is being taken under advisement (unitelligable) our Counsel. It’s not going to be addressed as a knee jerk reaction here. Yes, here’s what we’ve got we’re going to go through the minutes. He has to make a decision on what we have and what needs to be compiled to address your request but now in terms of this being hostile , I don’t think this is hostile in any way and that’s what we’re trying to do is make it as cordial as possible. We’re trying to investigate this to your satisfaction, that’s what we’re trying to do.

BL – Everyone I have consulted with has told me that I’m entitled to get a written report of the investigation you’ve done.

EB – Who told you that?

BL – I don’t have to tell you that

EB – That’s why you’re probably not going to get a written report.

TB – (Unintelligible) Our Counsel

GR – You know, the commisoners can speak for themselves, the verbal abuse over the summer til a couple of weeks ago. I think that’s something new, I never heard that before.

EB – No

JS – Give me the dates Brian of the verbal abuse, started two weeks ago you said?

BL – No

GR – Up to a couple of weeks ago

BL – I am not going to discuss this. I will discuss this with you and Ed Brancati. I will not discuss this with all the gentlemen in the room.

?? – I Don’t even know anymore

JS – What goods it going to do?

BL – This is not a chess game gentlemen, this is for real

(multiple people shouting)

GR – The commissioners have a duty, you know an obligation to investigate this uh you know to ascertain whether the pattern is continuing or has stopped and so forth. At some point the Chief, at some point at least as far as equipment end after the Police thing right? That’s finished up to this point is that right Chief? There’s no more tampering with equipment? (WH talks over GR here ) This is an ongoing investigation, the reason we have to ask you to be here tonight is to be sure is there a further investigation they must do to satisfy themselves.

BL – I would love to present you with the data

GR – Well

TB – That’s what we’re trying to do and you’re saying to us that it’s hostile, that you’re not comfortable with three commissioners in the room in any way shape or form conducting this investigation.

BL – That is correct

TB – That would include Steve Mines as the forth

BL – I would accept Steve Mines to be in the room, that’s why I asked if he was here.

TB – So you would accept Steve Mines but these gentlemen you’re not willing to accept

BL – Uh huh

EB – You are not going to get that choice

GR –Well The commissioners have to really as a group do the investigation. I mean

TB – I don’t now how that takes place without the commissioner. Unless there’s allegations against the commissioners which is fine then let me know and we can handle that separately.

GR – That’s another issues whether you if you know your request is that some commissioners do not hear and they are part of this (multiple people talking) they have an obligation to be part of it

?? – Recuse themselves

TB – If you are asking me to recuse myself for a reason , I’ve recused myself for reasons in the past but in this instance I don’t have that type of reason. I’m trying to actually figure out what and investigate it and come to the bottom of the facts to see whats happened. That’s it, that’s all I want to know is what happened and then say here’s the facts. This was proper , this was improper, here’s the penalty for whomever if there is a penalty deserved . That’s it. That’s what we’re trying to find out. So, it sounds as though that you don’t want to hear that from me in any way, it’s almost like it’s falling on deaf ears.

BL – That’s not true Tom

TB – You told me you don’t want me involved in that , that’s what I am trying to find out. If you don’t want me involved in it in some way, I don’t understand the basis for that. That’s what I am saying. I don’t know how to address that in any other way as a commissioner

EB – We’re a board of fire commissioners, we’re five equal people on this. If there was a specific allegation or being made about a specific commissioner such that the specific commissioner might be a target of investigation that would be one thing. But not hearing any of that other than you feel uncomfortable talking with one or more of the commissioners.

BL – I am intimidated at this point to state what I want to state.

TB – But I don’t understand how. That’s..

JS – I don’t have a problem leaving. If that’s what you guys want to do

(multiple people talking)

TB – But I want to know ..

GR – If you don’t have a quorum of commissioners, how you going to make a determination to have an investigation (multiple people talking)

TB – Let’s address it this way. The three commissioners you are not comfortable speaking in front of leave and you discuss it with counsel and Ed in private. They are going to have an obligation to share it with us. Is that a problem in this situation or no?

EB – And I’ll probably insist on it be recorded. Cause I’m not

TB – I’m trying to

EB - Unless I had it down word for word what he says in relaying it to the commissioners cause it’s the board of commissioners that have to act. I might leave something out or I might be a nefarious bad guy who deliberately leaves something out

BL – I am sure there’s phones recording right now. Is that phone recording right now?

BL – OK I think our work is done here. Thank you gentlemen. I would like to defer this to next month, that is my request at this point.

EB – OK

BL – And keep the investigation open

JS – Is that phone recording?

RM – It’s a phone, here you go

BL – Is it recording yes or no?

RM – Does it look like it is recording?

BL – Please answer the question. That’s what I am asking

(multiple people talking)

BL – The reason I am like this, you want to know the reason I am like this because the last three gentlemen that came in here came out of here on a rail period, that’s what happened in this room.

EB – You are entitled to your belief

TB – That’s all well and good. What I am trying to talk about is you are saying this is a hostile environment and understandably nothing could be further from the truth. This is not hostile. We want to get to the bottom of this. Now someone criminally tampered with your car, your being, your gear, your equipment or anything I want the police to be involved. So the police were called. Following the incident the police were called. It had to be done. So we get the police here. We have a police report and then we want further investigation and all we asked of the chief was to relay to you we need to find Brian this is still open, we need to know that this is resolved to his satisfaction or not. The chief expressed that he thought it was resolved to your satisfaction based upon discussions with you and that’s all well and good but we need something from Brian that’s why we asked you here.

BL – I know that’s why, you wanted to close the case based upon my concurrence.

(multiple people talking)

TB – (unintelligible) We want to know you’re happy. You’re not happy we want to know.

JS – If you were sitting here, how would you fix your problem that is going on here. How would you fix it?

TB – Is it just the three of us that have to leave?

JS – I don’t care, How would you fix it? I don’t know what would you want us to do?

RM – Does it feel better if you are out in the open on the meeting floor?

BL – I think I have already said more than I intended to.

GR – Verbally abused, it that something that happened publicly?

BL – I , I will document that to you. There are witnesses to this.

GR – So its public

TB – OK

JW – (unntelligable ) submit to their attorney

BL – Not tonight I can’t, no

GR – Let’s do this. The commissioners, and it’s up to you Brian if it’s alright with the commissioners if you would like to submit to me in a confidential memo what you want to submit but this is for me to submit to the commissioners (intelligible) Do that between now and the monthly meeting in October If you want to do that

TB – I will say this and again back to the point is if you think that if any of us have a conflict of interest we should be apprised and maybe we (unitelligable) him and then it get expressed in what way we have a conflict and we’re out of it. And if we don’t and he determines that he determines, you know what if it’s fine with Brian to talk to you two guys in private where its things you feel ore comfortable speaking about without us here for whatever reason makes you feel comfortable and then you don’t mind if they share it with us afterwards then that’s would have to be fine . We’re just trying to accommodate this. I don’t know any other way to express that other than we’re trying to accommodate that.

RM – Sounds like to me that Brian’s got two issues. Our initial issue is he claims that somebody is mucking with his gear.

TB – And car

RM – The gear, he said he couldn’t come here firematically. You claim that you couldn’t be firematically unsafe to come here, is that correct?

BL – John, I just want to reiterate the request that I gave to John that I wanted a legal counsel representing me here from the fire department. I asked you that in July, I was not granted that request and I am not comfortable answering these questions.

GR – You asked the fire department

BL – I did

JW – (unitelligable) conversation, I never mentioned this to anybody.

BL – I did ask John to keep my request confidential yes.

JW – I never said that to anybody. Brian , Walter and I met. He asked that the fire district, I mean fire department to provide him counsel for this. I said I don’t believe that is within my powers to just go and hire an attorney. He’s not been charged with anything. He just felt uncomfortable, for me to move forward I would have to bring it up on the floor in order to do something like that and the request was to keep this confidential. I couldn’t do that.

JS – Walter were you aware of the verbal abuse and you didn’t notify the district ? I am just asking the question , I am not going to tell anybody.

WH – No I haven’t

TB – Are you concerned we’re bringing you on charges? Is that why the counsel

BL – You have an attorney here, you are a professional attorney, I’m just some computer nerd. I don’t know how to represent myself legally.

TB – You are the Captain

BL – I was until all this happened yes.

TB – someone tampered with your gear and we’re trying to investigate it. So that’s what we plan to do.

GR – I think the commisoners are ting to tell you that are just trying to do their job.

TB – Right, You know, I don’t want someone wandering around tampering with stuff

BL – Is this standard not to have um your secretary not present at executive session, I am just curious?

EB – yes

BL – OK

BL – Are their minutes kept of these meetings?

GR – (unitelligable) a summary of the minutes (unintelligible) every single thing (unintellgable). Whether the Chief was aware to some extent of the verbal abuse (multiple people talking)

WH – Some of it

JW - (unintelligible) the situation as opposed to helping. I personally see it as counter productive in the long run even if I thought it was somehow in my authority. One way or another, in my opinion, I don’t think it merits it. Um, I don’t think that I am the end all I don’t know how I would ever get to that. We brought it up on the floor for the lawsuit to allocate money when Albert was named. I don’t know how we would ever get there

TB – With respect to the issues for Brian to put something for George to review so that you are comfortable, we could do that.

GR – I would somewhat of a distinction. Tampering with cars in the parking lot is owned by the district, tampering with equipment

TB – Firematically unsafe

GR – Fooling around with uh Helmets and voice modulators, verbal abuse I am not so sure

BL – If you are making a comprehensive list you can add that my radio was tampered with for months consistently

GR – How so

BL – It was taken out of the slot and turned on so the battery would be dead when I responded to calls jeapordizing my safety at calls and jeopardizing the men below me. And it was very easy for me to map who was in the building and it only took me two tries to map the building and you guys could have done the same thing if you did an investigation. Very easy.

GR: But that stopped though?

BL: That stopped once the police came. We went to the new radio system and they took my radio away. Which Everybody’s radio got taken away.

(multiple people talking)

BL: Yes

TB: I don’t’ want anything secret from the police until we have a full investigation.

GR: Years ago when I was active in this department, Two members had a fist fight. That wasn’t necessarily the concern of the commissioners. Two members had a fistfight. Not for the commissioners, maybe the department. Kind of alluding to the verbal abuse.

JW: At that time we actually had a trial.

GR: That may be a different (unintelligible)

BL: I recall another fistfight in the parking lot and no action was taken

(multiple people talking)

TB: Just so we’re all comfortable here. Is anybody in the room here recording any of this stuff? Anybody?

BL: Yes I am

TB: You are recording

BL: I am

TB: So there you go, so now we have a full recording of this. That’s wonderful. Being done in a way

BL: Thanks Tom

TB: (unintelligible) I’d like to know. Now we know everything’s recorded so we have evidence of whats our investigation is. That’s it. So perhaps the best way is to speak with our counsel and determine what needs to be done whether it needs to be done privately with you and Ed then Brian that’s how it gets done, gets relayed to the district. I don’t know how else to address this other than making Brian comfortable

GR: And your request is to continue this in a month, that’s your request?

BL: Yes, keep the case opened.

GR: The commissioners have to decide that.

EB: Alright, Thank you very much Brian. We’ll see you next month.

BL: Thank you

9/13/10 Letter to GBFD President John Winter

John,

I am repeating my request to you that was witnessed by Walter Hughes on July 6th after the GBFD Monthly Department meeting. I have been requested again by theGolden's Bridge Fire District to meet with them this Thursday September 16th via a letter from their law firm. I am requesting again that the Golden's Bridge Fire Department provide me with Legal Representation to attend this meeting with me. I have not heard back from you since my request on July 6th. In my follow up memos to Walter Hughes he advises me that you are responsible for securing me with Legal Representation and it is in your hands. Please let me know the status of my request.

9/2/10 Affidavit in Support of Rich Barrett

BRIAN E. LYNCH, being duly sworn, deposes and says under penalties of perjury:

1. That I am a non-party with respect to the above captioned action, however, I am fully familiar with the facts and circumstances of the present action.

2. That this Affidavit is being submitted in support of the instant Article 78 Petition/Motion made by way of Order to Show Cause which seeks the following relief, namely: (a) a finding that the decision of the Respondent, GOLDEN’S BRIDGE FIRE DEPARTMENT INC. BOARD OF FIRE COMMISSIONERS not to approve or ratify the re-appointment of the Petitioner as Second Assistant Chief following his original April 2010 election to said position was arbitrary and capricious and should be set aside as null and void; (b) a finding that the actions of the Respondent/President of the GOLDEN’S BRIDGE FIRE DEPARTMENT, INC., ALBERT MELILLO, in terms of failing to provide written notice to the membership of the Fire Department of the April 27, 2010 Special Meeting/election involving the Petitioner was improper and therefore the results of said election should be set aside as null and void; (c) a finding that the conduct of the Respondents at the Special Meeting/election of April 27, 2010 before the second vote was even held concerning the Petitioner was inappropriate, arbitrary and capricious and should be annulled and set aside; (d) a finding that the conduct of the Respondents was arbitrary and capricious in terms of how Respondents handled the aftermath of the elections involving the Petitioner, including but not limited to letters issued by Respondents dated May 3, 2010 and May 28, 2010; (e) an Order directing that the Petitioner should be reinstated as Second Assistant Chief per the original election where he won by majority vote; (f) an Order directing that Respondents reimburse the Petitioner for all costs, disbursements and reasonable attorneys’ fees; and for such other and different relief as to this Honorable Court seems just and proper.

3. I currently reside at xxx

4. I first became a member of Golden’s Bridge Fire Department, 254 Waccabuc Road, Golden’s Bridge, New York 10526 in December of 2000 .

5. I have, in the past, held the following titles and/or offices while as an active member of Golden’s Bridge Fire Department: Auditor for two (2) years; Lieutenant from 2002 through 2008; and Captain from 2009 through the present time.

6. I am a current member in good standing of the Golden’s Bridge Fire Department.

7. I have known the Petitioner, RICHARD J. BARRETT, since January of 2001.

8. As indicated earlier, I currently hold the following offices while serving as an active member of Golden’s Bridge Fire Department: Captain.

9. I was witness to the events at the Golden’s Bridge Fire House, 254 Waccabuc Rd, Golden’s Bridge New York on April 27, 2010. A special meeting was held at the firehouse, called by President ALBERT MELILLO. Members were handed a notification of the special meeting in the few day prior by president-elect John Winter. The coverage of this handout was not comprehensive of all members of the department.

10. Members such as John Nevins were instructed in the days prior to the meeting that the Board of Commissioners for the Golden’s Bridge Fire District would not ratify the appointment of Richard Barrett, so any votes cast for him would be pointless. This message was repeated by President ALBERT MELILLO at the special meeting, in front of all members present.

11. At the meeting, member Fred Margolies requested a reason why Richard Barrett was not approved as Second Assistant Chief. No GBFD Commissioner present at the meeting or the President would state a reason.

12. Four (4) of the members of the Board of Commissioners are also Golden Bridge Fire Department members and all were present at this special meeting. I inquired at the meeting if the commissioners in attendance were in fact in conflict of interest in voting in this election, and we should defer the meeting to a future date. I was told by President ALBERT MELILLO that “An election will be held tonight.”

13. At the meeting Alex Roth nominated George Tockstein for the position of Second Assistant Chief. I nominated RICHARD J. BARRETT for position as Second Assistant Chief. George Tockstein’s name was already printed on the ballots that were handed out to the members for the vote, under RICHARD J. BARRETT’S.

14. I stated to President ALBERT MELILLO that it was interesting that the ballot had George Tockstein’s name already printed on it. President Melillo’s response was “I am clairvoyant”.

15. The election ballots were handed out after President ALBERT MELILLO selected tellers to collect and validate the ballots. It should be noted that historically the tellers for elections have traditionally been Joseph Simoncini Sr.; Joseph Rener; and John Winter. At the time of this election, only two (2) tellers were selected. President elect John Winter and Vice President elect Dino Magaletto were selected.

16. When the votes were all handed in, President ALBERT MELILLO handed the remaining blank ballots to Mr. Magaletto and stated “you may want these” just prior to the tellers going into the Chief’s office to tally the votes.

17. It should be noted that Ex-Chief Randy Sant advised me that he had been approached to run against RICHARD J. BARRETT in the normal election at the regular April 2010 monthly department meeting. Randy told me that he was led into believing that RICHARD J. BARRETT was not interested in the position, when in fact he was. When Randy Sant discovered that RICHARD J. BARRETT was in fact interested in remaining Second Assistant Chief, Randy told me that he refused to run against RICHARD J. BARRETT.

18. Another event that displayed a biased position by GBFD Commissioner Robert Melillo was when he stood up in front of the entire department at the January monthly meeting and demanded repeatedly to know why the GBFD department-owned Dodge Durango was not being used. Commissioner Melillo had full knowledge of why RICHARD J. BARRETT was not using the department vehicle, and Commissioner Melillo’s sole goal was to have RICHARD J. BARRETT embarrass himself in front of the Department and admit to an infraction that had caused him to lose his driving privileges.

19. Only when I forcefully objected did Commissioner Melillo’s brother, President ALBERT MELILLO, state “You do not have to answer that Richie.”

20. Approximately three (3) months ago, I placed RICHARD J. BARRETT’S turnout gear back on the gear rack and it was removed from the rack within the past month. Members who have been inactive for far longer than Richard’s gear remain on the racks!

21. The abuse of the Petitioner, RICHARD J. BARRETT continues: Richard’s automatic text messaging from the Department alerting members about fire calls has been stopped—I have learned this from a direct conversation with the Petitioner, RICHARD J. BARRETT, himself. When I approached Chief Walter Hughes and inquired as to who removed Richard’s text messaging, the reply was “That is controlled by Rob Melillo” (GBFD Fire Commissioner).

WHEREFORE, your deponent prays that this Honorable Court will grant the Article 78 Petition/Motion made by Order to Show Cause of the Petitioner, RICHARD J. BARRETT, in its entirety, as well as any such further and different relief as to this Court seems just and proper.

Letter to Ed Brancati 5/7/10 11:08PM

Ed,

For your awareness. My turnout gear was again tampered with today. The attached image is of the note attached to my turnout coat. Walter and I will file a Police report for this and the continuing harassment at the firehouse. I approached Steve Mines this evening and he stated this was Walter's jurisdiction. I appreciate your support with this issue.

Brian Lynch

My letter to Members of GBFD 4/25/10

To the members of the Golden's Bridge Fire Department,


As the current Captain of the Golden's Bridge Fire Department, I would like to take this opportunity to address you in hopes of assisting you in your decision making as the Fire Department moves forward. I have been a member of this Fire Department since December of 2000 and an office for the past seven years. When I first joined I was greeted by then Captain Dan Dreyer who told me "this is a brotherhood". I liked that concept and was looking forward to helping the community. I have been consistently one of the most active members of this department since I have joined until recently. The current climate within the department has been hindered in my opinion by the decisions made by the Board of Fire Commissioners and the actions of a few individuals. I hope bringing some clarity to the current affairs within the department may help you as we move forward to hopefully restoring an atmosphere of brotherhood to our department.

I will try to represent the truth as I know it in each of these cases so you can understand the pressures the top four positions within the department are either under or have been under. All four positions are either currently being forced out or are under tremendous pressure to be forced out.

Walter Hughes is currently operating under the threat of a significant suspension by the district for a statement made following the fire at the Deer Park Tavern on January 26th. Walter has for the most part been carrying the fire department for months now as the department has been in turmoil and his leaders below him have been removed from service or are in the process of being removed from service. Some have argued that Walter had performed the duties of Chief for a significant period prior to him taking office. It should be noted that Walter was the driving force and coordinator for the highly successful 100th Anniversary celebration for the Golden's Bridge Fire Department. I watched Walter calculate from the time that he was Captain of the department how he would raise to Chief and lead us during our 100th Anniversary. This was his dream and he delivered it for the department to enjoy.

To say that Walter's tenure as Chief of the department has been hell would be an understatement to say the least. I have had a front row seat for his reign. I have seen him threatened to be run out of office while being screamed at. I have seen him face insubordination and ridicule from even officers within his ranks. Yet, Walter even as late as this week said to me that he continues to be an optimist and put this dark period of the departments history behind us. The man is good natured and deserves none of the abuse he has received. If all of us were as good natured as Walter the department would be a much better place. Walter Hughes is a Brother.



John Barrett is currently serving a four month suspension for his entering the Deer Park Tavern on January 26th without his proper Personal Protective Gear. As I reviewed with the department at the February monthly meeting, John was investigated and suspended at the fire scene prior to any interview being conducted with him. His suspension was initially based on the testimony of an officer and a firefighter from Golden's Bridge. John most likely will not be returning as a firefighter to our department. When this period of the department's history is looked back upon, losing an extremely skilled firefighter like this to lead and instruct our men will be viewed as the biggest loss of this period. John's insight into planning future apparatus for the department is also now lost. John Barrett was the first member of GBFD to call me "Brother Lynch" and he meant it. John risks his life everyday of work for strangers, you can bet your home on the fact that he would risk his life for you.



Rich Barrett has not been approved by the Board of Fire Commissioners as 2nd Assistant Chief. This is the main reason for me writing to you as members. Rich completed a recent suspension from the department for a matter he plans to review with you on Tuesday evening. Rich has been a member for 18 years and an officer for 12 years. Rich handled Rescue for GBFD for a decade and made Rescue 24 the state of the art responding piece of apparatus it is today as well as updating the equipment and Rescue operations. When Rich completed his suspension, he inquired if this was the end of his punishment as we move forward or would this issue come back. He was assured that the issue was now closed and this was behind them. The story has now changed as you see by the Board not approving him as 2nd Assistant Chief. The information that has reached me is that this is performance based for the past few months. I do not know if this is the case but this is what I have been told. Rich had several months of uncertainty on his status as 2nd Asst. Chief prior to his actual suspension which has just ended. He awaited a pending suspension that took several months to enact.

If you recall during the December 2009 monthly meeting, one of the members of the Board of Commissioners stood up in an attempt to embarrass 2nd Asst. Chief Barrett and make him proclaim the reason he was demanding that the Fire Department's Durango be returned to GBFD headquarters. The Durango was then returned to GBFD headquarters thus removing Rich as a responding Chief. He was informed that he could respond to fire scenes in his private vehicle. As you have seen with my unfortunate ice storm incident, we have discovered that you are on your own insurance if you have an accident responding to a call per our Board of Commissioners. So rather than risk his personal vehicle, Rich responded with John Barrett when John was available to drive him to incidents. Rich has also been compared to another officer who recently served a suspension for insubordination in terms of his activity within the department. I believe the comparison is unfair as Chief Barrett works a significant amount of overtime and I am fairly certain the analysis of date and time of the GBFD calls has not been performed in terms of mapping these calls to Rich's work schedule. All of these factors should be considered if in fact the approval of Rich is based on his activity and performance in the recent months.

I believe the most appropriate statement that I have heard regarding Rich Barrett recently came from Ex-Chief Mike Cassar in that Rich Barrett would risk his own life to save yours. Rich believes in the mission of the Fire Department and is dedicated in leading it as we go forward. His skills are valuable and we cannot afford to lose a qualified leader who has the knowledge and dedication to lead us all. It is unfortunate that we are even discussing the issue of him not being approved by the Board of Commissioners. If it is in fact based on his activity within the department, then this argument does not hold merit if the proper analysis is performed. Rich Barrett is a Brother.

I hesitate to bring my own personal story regarding the recent months into this as to not interfere with the matter of Rich being turned down as 2nd Assistant Chief. I am doing so as I think it will only add to represent the climate under which the four leaders of the Fire Dept are currently operating.

From the very beginning of me being named Captain I was having terrible difficulty with an officer who consistently was being insubordinate and undermining my role as Captain. We have spent many hours with the Chiefs in the department discussing how to manage this individual. I was invited to the home of one of the present commissioners as a 'friend' to discuss my relationship with this individual. I was met by two sitting commissioners and we agreed that this was outside of their roles in the district and I agreed that was fine as we were friends. The main point of the meeting was to get along with the individual officer and 'to let things take their natural course' in terms of who was to move up in the ranks within the Fire Dept. In the best interest of the department, I have consciously avoided this individual and stuck to 'business only' on calls, meetings, planning drills etc…

I attended the Katonah Fire Department installation dinner several months ago with Chief Hughes and left my personal vehicle at the Golden's Bridge Fire house. My car was vandalized that evening by members who were there while I was at the dinner. The next significant event was that my fire gear began to get tampered with consistently. My voice modulator was stolen from my mask, my helmet was tampered with, my leatherman tool was stolen and my radio was consistently being turned on so the battery would die. I was then screamed at during the same session where Chief Hughes was being told he would be run out of office, where I was told that "you are not a Chief, you cannot drive the Chief's cars". I believe that this decision was foolish in that it left the community to have one responding Chief in one vehicle. I have not driven a Chiefs vehicle since. I verified with neighboring departments that they do in fact have their Captain respond in the Chiefs vehicles to cover their district when Chiefs are unavailable. My gear continues to be tampered with until as recently as last Sunday. I have notified the Chiefs, the President and the Fire District. The District has stated that it is not their matter and have requested a police report. Currently I can not be assured when responding to fire calls if my gear is in fact intact or tampered with. This jeopardizes my safety and the safety of the men I am commissioned to lead.

So now we are in the middle of 'letting things take their natural course'. It is up to the membership which course we want to take. One of the members of the Board of Fire Commissioners has honestly come forward to profess that he was dead set against this current action of not approving Rich Barrett. He was aware of the resulting climate within the department if this decision was made. As you have seen in recent days, members from the department are returning to voice their concerns on the matter of the direction of the department. I hope that our department can return to being a Brotherhood. We have to decide if this is the course we want. Please attend Tuesday's meeting and listen to Chief Barrett and then make your decision on what is in the best interest of the Golden's Bridge Fire Department and the community of Golden's Bridge.

Letter to GBFD District Commissioners 4/11/10

From: Tom B

I don't know anything further than the contents of the e-mail exchange. The only reason it has been forwarded at all has to do with Brian's request and the nature of a purported safety concern, and district inventory involvement as well. However, I still feel confident that the Chief can resolve it.

-----Original Message-----
From: Robert Melillo
Sent: Mon, Apr 12, 2010 2:45 pm
Subject: RE: My fire gear and engaging the GB Fire District

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. Is it Just Brian or are there others?

Thanks,

Rob Melillo

---

Sent: Monday, April 12, 2010 2:33 PM

Subject: Re: My fire gear and engaging the GB Fire District

Brian:

I think you should discuss the issue with the Chief and Assistant Chief first, and try to resolve the matter within the Department. However, if you truly believe there is a safety issue after your discussions with the Chiefs, I think you should raise the issue from the floor at the next District meeting. In any event, in light of the safety concern raised in your email, I will forward copies of same (together with copies of this response) for each Commissioner to have in hand at that meeting.

Tom

-----Original Message-----
From: Brian
Sent: Sun, Apr 11, 2010 2:23 pm
Subject: My fire gear and engaging the GB Fire District

My gear continues to be tampered with. How do I *FORMALLY* engage the fire district? My safety and the safety of my men are jeopardized by the actions of stealing my equipment and tampering with my equipment. This has been going on for many months and I would like the district involved. Please let me know how to proceed. Thank you.