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Milton fire company sued by Lynn Rogers

Former chief seeks reinstatement
February 21, 2017

Former Milton Fire Chief Lynn Rogers served as chief for 29 years before the fire department board of directors stripped him of his service.

Listed as an honorary life member, Rogers said he is barred from participating in any fire company function – not even allowed to respond as a volunteer firefighter.

“I want to get reinstated,” Rogers said. “I love the fire service. It was my life.”

In 2010, Rogers said, decisions were made that eventually forced him out. By 2014, he said, the board of directors voted to impose “a revised status of membership.” In other words, a decision that took away most of his rights and privileges as a lifetime member and chief emeritus of the fire department.

“A couple of people's personalities have gotten in the way,” he said. “We've talked and met. We've tried everything. We're at an impasse.”

On Feb. 14, Rogers filed a lawsuit in Chancery Court, so that an impartial judge can decide the matter, he said.

Johnny Hopkins, president of the Milton Fire Department, said the board of directors has not yet spoken with fire company attorney Craig Karsnitz.

“This just came out, so at least for now I'll reserve comment,” Hopkins said. Karsnitz could not be reached for comment.

The lawsuit states that John F. Bushey, an officer serving as secretary, is a ringleader, who “has control of and leads a portion of the MFD membership and controls the actions of its board.”

Bushey could not be reached for comment.

The lawsuit seeks a permanent injunction reversing the actions taken against Rogers and also enjoins the fire department from taking any further action against him. The suit seeks an unspecified amount in compensatory damages and attorney's fees.

According to the lawsuit, Bushey and a “cabal” of supporters have worked to denigrate and destroy Rogers' standing with the fire department and within the community. The lawsuit states Bushey often held coffee shop meetings to disparage Rogers, and at a fire association meeting accused Rogers of public drunkeness. “Rogers does not drink,” the lawsuit states.

Rogers said most members of Milton Fire Department are unaware of the animus between him and members of the board. He said he hopes the lawsuit sheds light on unjust and punitive measures made against him.

This includes his removal from a building and grounds committee that he had chaired for more than 20 years. The committee's decision to award a contract to a vendor in 2011 for a new telephone system ultimately resulted in his removal from the committee. “Rogers has never been given any explanation as to why that was done,” the lawsuit states.

Also in 2011, the lawsuit states, complaints against Rogers following a Sussex County Firefighters Association meeting resulted in his suspension from the board after a member said Rogers threw a bowl of peanuts across a table and muttered profanities. Rogers appealed the suspension in 2012 with 10 witnesses backing him up, however, his suspension continued, the lawsuit states.

In 2013, the fire department began mediation between Rogers and Lester Clark, Milton fire chief, and his son Jay Clark, deputy chief, because “it is obvious that the fire department is divided into two sides, the 'Rogers' side and the 'Clark' side,” the lawsuit states. Clark could not be reached for comment.

A University of Delaware mediator helped Rogers and Clark reach an agreement, however, the board required Rogers, who was then first assistant chief, to step down. In a letter to Rogers, fire department president Hopkins said Rogers was removed because the board “needed to create an organizational dynamic where both you and Mr. Clark hold no position of authority over each other.”

By 2014, Rogers said retaliation against him continued to the point of his voting rights taken away and he was prevented from holding any elected office, attending meetings or possessing any fire department property.

The lawsuit states actions taken against Rogers have resulted in defamation of his character, age discrimination and employment discrimination. The lawsuit also states Rogers was never given due process for any of the allegations against him, resulting in intentional infliction of emotional distress on him.

 

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