WESTBROOK – Two female firefighters who made charges of sexual harassment and discrimination against at the Westbrook Fire Department would receive a total of more than $846,000 between them in separate settlement agreements pending with the city.

The payments to firefighters Lisa Theberge and Kathy Rogers, who made their claims two years ago and subsequently filed state and federal lawsuits against the city, would be for lost compensation such as overtime and sick time, damages, attorney’s fees and other costs. In exchange, the firefighters would drop their legal claims against the city.

The Westbrook City Council on Monday, Aug. 30 gave preliminary approval to the two settlement agreements. A second, final vote on the agreements is expected at the council’s next regular meeting, set for Sept. 13.

Of the total payment to settle the claims of the two women, the city of Westbrook would be responsible for nearly $228,000 or about 27 percent. The city’s insurance carrier, the Maine Municipal Association, would cover the remainder, which is about $619,000 or 73 percent.

The city already has paid a deductible of $20,000 – $10,000 apiece – for the two women’s claims.

Details of the settlement agreement were released by the city last week after the American Journal filed a request for the information under the state’s “Right to Know” law.

In September 2008, the two firefighters were put on paid administrative leave due to what they said was a hostile work environment at the fire department. Theberge returned to work this June. The total amount paid to her while she was on leave was more than $79,000.

Rogers is still on paid leave and so far has received nearly $89,000 in compensation. She would remain on paid leave until she retires this fall, according to her settlement agreement.

That agreement calls for Rogers to be retroactively promoted to the position of lieutenant as of Jan. 1, 2008. She then would retire from the fire department this November, when she will have put in 20 years of service. Her retirement benefits would be based on a lieutenant’s salary of $70,000 per year for the past three years. Her current salary is about $45,000 annually.

As part of Theberge’s settlement agreement, the city also has promised to install surveillance cameras and security equipment at the city Public Safety Building and at Station 3 on Bridgton Road.

The council’s unanimous first reading vote last week to authorize the agreements took place with no discussion by councilors and details were not revealed.

City Administrator Jerre Bryant declined to comment, saying details of the settlements were confidential.

The agreements contain strict confidentiality clauses. Theberge and Rogers are barred from discussing the terms of the agreements except with their attorneys or financial advisors. The two women are also allowed to reveal the terms to their husbands, but only if those men also sign confidentiality agreements as well.

City officials also are required to keep the terms of the agreement secret. However, the agreements state that the city is allowed to disclose the terms if required to under the state’s Freedom of Access statute.

The American Journal requested the information under that law and the city released copies of the agreements on Friday, Sept 3. In a statement accompanying the copies, Bryant, the city administrator, wrote:

“We have determined that these settlement agreements are public information and copies are enclosed. The terms of the settlement agreements speak for themselves, are acceptable to all parties and the city will have no further comment on these matters.”

Bryant and Bruce Chuluda, the former mayor of the city, were named as defendants in the lawsuits. The settlements state that two officials deny liability for the charges, and that the settlements are not an admission of liability by either of them.

Rebecca Webber, the attorney representing Theberge and Rogers also issued a statement.

“Any resolution of these cases needs to be regarded with a mixture of relief and sadness,” Webber said. “I think what can be forgotten is that discrimination and harassment is terribly damaging, and anyone who has truly experienced it never can go back to where they were before. While we cannot discuss the terms of any resolution, the matter being discussed by the council represents a satisfactory end to the litigation in court.”

Sexual harassment had been an issue in the fire department for decades, but the charges that Theberge and Rogers made two years ago brought it to the forefront. Their complaints alleged obscene and discriminatory behavior in the department, which they said included masturbation in the fire station and inappropriate touching of victims being transported in a rescue vehicle.

Their charges led to a city investigation and the punishment of seven firefighters in December 2008.

Then, at her inauguration this year, new Mayor Colleen Hilton vowed to re-invent the fire department. She did not re-appoint the fire chief and the deputy chief.

The city in March hired two temporary leadership consultants – Chief Michael Pardue and Deputy Fire Chief Sandra Hillsgrove – to head the department, and all fire department personnel underwent training in harassment prevention and communication.

The city also said its plan was to create an environment where the two firefighters could return to work.

Theberge, who has been with the department about 11 years, returned to work this summer as that training, for which the city paid about $40,000, was wrapping up.

Theberge’s settlment agreement calls for a payment that will total just under $369,000. The city would cover $20,000 of that sum and the insurance company the rest.

Rogers’ agreement would result in a payment of nearly $478,000. The city would pay out about $208,000 of that sum over five years, and the insurance would cover the remaining $270,000. The city’s portion of the payments would come from the fire department’s budget.

Webber, the attorney for the two firefighters, also said in her statement: “It is the hope that members of the department from this point will move forward with the current mayor, and, like her, be committed to ensuring that all firefighters, whether male or female, are allowed to serve and protect the citizens of Westbrook to their utmost abilities. It is about time.”

Rogers also would get retirement benefits from the Maine Public Employees Retirement System.

But her settlement agreement depends on whether the state retirement system recognizes her 20 years of service this November and that her pay for 2008, 2009, and 2010 was set at $70,000 per year. If that recognition does not happen, the agreement would be void and Rogers can re-file her claim in federal court.

In the past, Rogers twice settled with the city over complaints of harassment and discrimination, in 1994 and again 10 years later, in 2004. At that time, she received $76,000 through five years, as well as 540 hours of sick time and $39,000 for legal fees.