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Rockland town administrator files discrimination complaint

ROCKLAND, Mass. — Lawyers for Rockland Town Administrator Allan Chiocca filed a complaint Tuesday with the Massachusetts Commission Against Discrimination against the Town of Rockland.

The town’s board of selectmen put Chiocca on paid administrative leave in May after then-selectwoman Deidre Hall accused him of behaving inappropriately toward her during an after-hours encounter at the town hall.

The town hired an independent investigator who concluded Hall pressured Chiocca into having sex with her, reminding him she was his supervisor and would soon be voting on his contract extension. The investigation also identified actions of then-selectmen Edward Kimball, which Chiocca claims violated his legal rights.

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The town has been put on notice of potential claims by Chiocca totaling more than five-million dollars. The town’s insurance carrier has retained outside council, Boston-based Pierce, Davis & Perritano, LLP, to represent the town on the matter.

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Jason Crotty, an attorney with the law firm, released the following statement:

"Pierce, Davis & Perritano, LLP has been retained to defend the interests of the Town of Rockland with respect to civil litigation threatened by both Allan Chiocca and Edward Kimball. Both causes of action stem from Mr. Chiocca and Mr. Kimball's involvement with former selectman, Deirdre Hall. Over the past several months we have met with a number of Town employees to learn more about the facts which give rise to this threatened litigation. That said, we intend to vigorously defend the Town in these lawsuits and are confident that the current Board of Selectmen has taken all steps necessary to both investigate the facts which give rise to these claims and to protect the interests of the Town."

On Tuesday, the town was served a copy of the Massachusetts Commission Against Discrimination complaint filed by Chiocca. Chiocca requests the commission enter a judgement against the town for violating state law and award him damages for lost wages, benefits, raises, emotional distress, attorneys' fees, interest, cost of the litigation and all other relief due to the fullest extent permitted by law.

The town has also been put on notice of claims and a potential lawsuit by Kimball against the town and several town officials.

The presentment letter dated October 30, 2018 from Kimball's lawyer Brian Palmucci of Quincy-based Palmucci Law read, in part:

"Kimball is under no delusion that he will ever be able to repair the damage caused to his reputation by the parties involved, however, he is due compensation for lost income/benefits, compensatory damages, reputational damages, punitive damages, and attorneys' fees. While the cap on damages, under M.G.L. c. 258, is $100,000 per plaintiff, no such cap exists for public employees help liable for intentional torts, even if committed within the scope of employment."

Palmucci said Kimball will seek damages in excess of $100,000 should the filing of a civil action be necessary.

“Over the past three months, our attorneys have been reviewing every possible action we can take to protect the town and limit our financial exposure,” Chairman Larry Ryan said in a statement. “We believe our insurance policies will cover the continued cost of litigation and any potential settlement.”

However, the town’s insurance carrier doesn’t cover wages under an employment or union contact.

Since resolving the scandal is expected to take months or years to litigate, the town will very likely be required to pay the remaining balance of Chiocca's contact, which ends June 30, 2019. Chiocca is set to earn $155,000 between July 1, 2018 and the expiration of his contract.

The board, following the recommendation of the insurance carrier’s legal team, has agreed to no action will be take against Chiocca at this time.

“This vote was made solely to protect the town against further legal exposure in this unfortunate matter,” Ryan said.

The board is moving forward with conducting town business, beginning with filling the position of town administrator permanently. Marcia Birmingham has been serving as interim town administrator since July.

“This entire episode has been an embarrassment to the Town of Rockland and we would like all like it to end,” Ryan said. “Unfortunately, the individuals that put the town in this position do not seem interested in putting this behind them or letting the town do so.”

The lawyers representing the insurance carrier have assured the town they’ll vigorously defend the town from any and all claims associated with the scandal.

Ryan concluded his statement with:

"We consider all of the claims without merit, including those made by Mr. Chiocca. I know I speak for my fellow board members, Mike Mullen and Mike O'Loughlin in particular, when I say this mess has been incredibly frustrating. Over the past ten years, Rockland has made great strides in terms of improvements in our schools, roads, fiscal stability, and economic development. All of those things happened through efforts of many town officials, employees and volunteers. It is unfortunate that these events have detracted from all of our efforts and cast a shadow over this great town. It is unfortunate that the selfish and irresponsible actions of some individuals can make us all look bad, but we will get through this, just as we have overcome other challenges in the past."