By JEFF EPSTEIN
[email protected]
SPRINGFIELD, Vt. ― The Springfield select board voted Monday night to accept a proposed legal settlement with Douglas Johnston, the former police chief dismissed Feb. 4 by Town Manager Tom Yennerell. Shortly after his dismissal, Johnston filed suit against Yennerell and the Town of Springfield in U.S. District Court.
The proposed settlement involves the town making a payment to Johnston, said select board chair Kristi Morris. However, Morris said he would not reveal the amount until the settlement is final and disclosed to the public.
The select board initially went into a period of executive session at 6 p.m. for about an hour, and then voted unanimously in open session to accept the settlement.
“There was a mediation on [April] 15, and the board ratified that settlement,” Yennerell explained after the meeting adjourned.
Both Morris and Yennerell said neither defendant concedes wrongdoing or liability in the settlement. The case is being settled “to avoid protracted legal expenses,” said Yenerell, with Morris using similar language. “If it were to play out in the court system, we were told … it could be up to two years,” Morris added.
The vote does not mean the case is closed. Monday’s vote was the first step in executing the agreement, Morris said. Yennerell must separately sign the agreement as a defendant, although the settlement was jointly negotiated with the town. Then Johnston must formally accept it.
Once Johnston accepts the agreement, he then has seven days to change his mind. This legal revocation period is similar to a consumer buyer’s remorse provision, Morris said. The full process could conclude the case by May 22 or slightly earlier, Morris said.
Johnston brought suit Feb. 14 in U.S. District Court. He alleged that was terminated “without cause, without any notice, and without any hearing that comported with basic constitutionally mandated due process rights.”
Johnston was replaced by Lt. Mark Fountain, who is now the acting police chief. The future status of the chief’s position will be able to be worked out as a regular human resources matter once the lawsuit is resolved, Yennerell confirmed.
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