The Tiverton firefighters’ union and its president David McGovern filed suit against Tiverton Fire Chief William Bailey and the Town of Tiverton Friday, alleging the chief and town violated members’ first amendment and other rights, created a hostile work environment and gave short shrift to firefighters’ concerns about issues within the force, among other complaints.

In a 14-page complaint filed with the US District Court on Friday, May 17, McGovern and Local 1703 allege that the town and fire chief retaliated against McGovern and violated his First Amendment rights and the rights granted to him under the Rhode Island Whistleblower’s Act.

The complaint describes a series of alleged incidents that came to a head earlier this month, when town administrator Chris Cotta notified McGovern that he was suspended with pay from his position, pending the outcome of a hearing to be conducted by town officials in late May.

According to the complaint, Cotta informed McGovern that he was “being given written notice of my intention to have you removed from your office and your position within the Tiverton Fire Department.” 

Staffing shortages and related issues 

The complaint cites a “catastrophic turnover rate” that has afflicted the fire department for the past 15 years and is attributed largely to the pay scale, which according to the suit ranks among the lowest in the state.

Additionally, the complaint describes a hostile work environment and includes the following allegations:

• In March 2023, a union member was assaulted by a senior member of the union. When brought to his attention, Chief Bailey “performed no investigation and did not discipline the senior member who committed the assault.”

• On April 22, McGovern submitted a written complaint to Bailey regarding the failure of the town to allow a member scheduled for non-elective surgery to take advantage of a “loosely administered” sick leave bank established by the town.

“The Town of Tiverton is currently refusing to allow members to use the sick bank and continues to maintain ... sums of money in excess of $100,000 which should be paid to current and retired members of Local 1703.”

• On April 23, McGovern asked Bailey to resign following an incident in which one of Bailey’s personal acquaintances, via social media, “denigrated and insulted” a firefighter who had recently left for employment elsewhere. The complaint asserted that the resignation was not public information at that point and therefore must have been inappropriately divulged by Bailey to his acquaintance.

• On April 25, McGovern and another member of the union’s executive board met with Bailey and deputy fire chief Josh Ferreira to express concerns about the fire chief’s “failure to address three incidents of harassment,” and they said the union was about to follow through on a proposal for a no-confidence vote on Bailey’s leadership.

McGovern told the chief that, in his opinion, the vote would pass. Ultimately, that vote was held and was passed unanimously by union members.

Overall view

The complaint alleges that “the Town of Tiverton has maintained a policy of intolerance as to the First Amendment protected activities of Local 1703 and of its members, including the plaintiff, David McGovern.”

It also states the town, through the actions of the town administrator, represented “retaliation for the plaintiff’s prior actions in maintaining a social media page in the name of Local 1703.”

Additionally, the complaint says the town violated Due Process Rights under the 14th Amendment, since Cotta’s written notice to fire McGovern was made before McGovern had an opportunity to address the allegations.

The lawsuit seeks a temporary restraining order that would prohibit the town from firing McGovern, a jury trial, and a court order after the trial that would permanently prohibit the termination of his employment. It also seeks “further relief” as may be deemed appropriate along with attorney fees and costs.

Bailey, Cotta, and town council president Denise deMedeiros did not respond to a request seeking comment on the lawsuit.