Maine news, sports, weather from Portland Press Herald / Maine Sunday Telegram, Portland, Maine

Board tells Westbrook
to reinstate firefighter

Matthew Lamontagne, fired over alleged sexual harassment, will get back pay and can return to work.

By Melanie Creamer mcreamer@mainetoday.com
Staff Writer

WESTBROOK — A state labor board has overturned the firing of Matthew Lamontagne, a Westbrook firefighter who lost his job after an investigation into allegations of sexual harassment in the fire department.

The Maine Board of Arbitration and Conciliation ruled that the city's decision to fire Lamontagne in December was unfair because the city had agreed to limit his discipline for alleged sexual harassment as a result of a previous investigation. It also ruled that the incident for which Lamontagne was fired did not constitute harassment.

The board voted unanimously Monday to reinstate Lamontagne. He will return to work soon and will receive back pay, seniority and benefits.

"The decision is a complete vindication for Matt," said Howard Reben, a lawyer for Teamsters Local 340, the firefighters union. "The board could not have given Mr. Lamontagne anything more."

In 2008, firefighter Lisa Theberge filed a complaint against the city with the Maine Human Rights Commission. The complaint alleged about 150 incidents of sexual harassment involving 20 firefighters, including Lamontagne.

Lamontagne and six other firefighters were disciplined in December 2008 for inappropriate actions and language in the workplace, or for failing to address issues that contributed to a hostile work environment. Lamontagne was suspended without pay for 60 days.

He accepted the suspension and agreed not to grieve the discipline, in exchange for the city's agreement not to seek termination of his employment.

Theberge and firefighter Kathy Rogers then filed a lawsuit last October alleging sexual harassment and discriminatory behavior. They have been on paid administrative leave for more than a year.

According to the board's decision, in January 2009 the city investigated a previously undisclosed allegation that Lamontagne had inappropriately touched Theberge's breast as he showed her where to position electrodes on the torso of a patient with a heart problem. The incident, witnessed by another firefighter, was not included in her 2008 harassment complaint.

Lamontagne lifted Theberge's left breast with the edge of his flattened hand, palms facing Theberge, and pointed to where an electrode should be placed under a patient's breast.

The city's investigator contended that Lamontagne had violated the city's sexual harassment policy and recommended that the city should consider firing him.

But the board's decision said Lamontagne "did not cup or grab Theberge's breast," and that Lamontagne's actions were "not done in a sexually harassing manner."

Theberge didn't include the incident in her complaint. The board determined that if Lamontagne's conduct had been offensive to Theberge, she would have reported it in the complaint.

Rebecca Webber, an attorney with Linnell, Choate & Webber who represents the two female firefighters, said the fact that Theberge chose not to file a separate complaint with the commission doesn't mean Lamontagne should have no consequence.

"The bottom line is that (he) touched the breast of a female firefighter without her permission and contrary to the very protocol he had just been trained on," Webber said. "This was someone who already had a lengthy suspension for inappropriate conduct in the workplace."

In 2004, Lamontagne was dismissed as a volunteer firefighter in Falmouth after five years of service. Lamontagne appealed, but Town Manager John "Doug" Harris upheld the dismissal.

In a letter dated May 6, 2004, that summarized his denial of the appeal, Harris cited Lamontagne's "record of improper conduct" and "disruptive behavior." His continued service would be "detrimental to the proper functioning and morale of the department," Harris wrote.

Lamontagne did not respond to requests for comment Thursday.

Westbrook City Administrator Jerre Bryant said he plans to meet with Lamontagne next week to set a date for his return to work. Bryant expressed disappointment at the board's decision.

"I don't agree with it, but we will honor it," Bryant said Thursday. "The case was presented. Clearly, the arbitration panel didn't agree with the city."

Mayor Colleen Hilton said she, too, is disappointed with the board's decision.

"From day one, my goal has been to re-assimilate the firefighters on leave back into the work force," Hilton said. "This is a setback, but I don't believe it's insurmountable, because of the leadership in place."

Michael Pardue was hired this month to run the city's Fire and Rescue Department, along with Sandra Hillsgrove, who was hired as the interim deputy chief.

The Center for the Prevention of Hate Violence has started working with members of the department to address sexual harassment.

Staff Writer Melanie Creamer can be contacted at 791-6361 or at:

mcreamer@pressherald.com