administration-leadershipAt will employmentCivil SuitDiscriminationMunicipal LiabilityPoliticsWrongful termination

Michigan Chief Sues for Wrongful Termination

A Michigan fire chief who was wrongly accused of criminal misconduct and terminated, has filed suit against a township alleging defamation, malicious prosecution, and retaliation for testifying in an earlier case.

Marquette Township fire chief Bob Sims was suspended last December and terminated in February, 2015. He was accused of misconduct related to the purchase of a bus and the disposal of tires belonging to the township. Criminal charges were filed by the Marquette County Sheriff’s Office, but later dismissed when prosecutors concluded no crimes actually occurred.

Chief Sims claims that his problems with the township began shortly after he testified in a lawsuit on behalf of a former township employee who claimed discrimination and a hostile work environment. His suit was filed in Marquette County Circuit Court, and names the township, Township Supervisor Dennis Liimatta and Township Manager Randy Girard.

The complaint includes six counts:

  • breach of implied employment contract
  • discharge against public policy
  • defamation
  • intentional infliction of emotional distress
  • malicious prosecution, and
  • retaliation in violation of the Michigan Elliott Larsen Civil Rights Act.

More on the story.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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3 Comments

  1. Randell – This is not the NY Times… I don’t have a team of reporters to follow up on every story to determine if there is “additional information”. If you would like to volunteer to do that kind of work for me… you are hired!!!!

    I believe I accurately reported that a lawsuit has been filed and that certain allegations had been made. If this is not correct then simply direct me to what ever proof that a suit was not filed or that the cited allegations were not made and I will retract what was posted.

    If you simply DISAGREE with the SUIT or the allegations contained in it… that is another thing entirely. Feel free to provide us with the other side of the story.

    I am not sure I understand your point about my comment on misguided trust. Are you suggesting that the hundreds of cases of insider theft we have been seeing in the fire service are solely the responsibility of the leaders (fire chiefs, treasurers, etc.) who took the funds…. because they violated the public trust? So we simply blame the thief after the fact… and wring our hands of any blame? IMHO we need to assume that if we do not put proper protocols in place and monitor compliance with those protocols… we are easy victims for those who would steal… whether they are leaders or subordinates. Shame on them for stealing. Shame on us for not taking steps to protect the taxpayers funds.

  2. Randell sounds like he might be involved in the case somehow. Perhaps as, say, counsel for the city, maybe?

  3. The Marquette Charter Township released the following press release on February 3, 2017:

    In follow-up to a story published the July 29, 2015 edition titled “Michigan Chief Sues for Wrongful Termination”, the case has now concluded. Marquette Charter Township is pleased that all claims filed by Robert Sims against the Township, its former Supervisor Dennis Liimatta and Township Manager Randy Girard have been dismissed in their entirety with prejudice to refiling. Sims alleged that he was wrongfully terminated from his position as the Chief of the Fire Department. On August 17, 2016 the Honorable Jennifer Mazzuchi entered an order dismissing all claims against Randy Girard and Dennis Liimatta. An Order dismissing all claims against Marquette Charter Township was entered on October 16, 2016. Marquette Charter Township takes all personnel matters seriously and strives to makes careful decisions in the best interest of the Charter Townships residents. We are pleased that this matter has been concluded in favor of Mr. Liimatta, Mr. Girard and the Charter Township.

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