Town responds to ex chief’s lawsuit



ELLSWORTH — The attorney for the town of Bar Harbor is asking the court to dismiss a complaint filed last month by former Police Chief Nate Young.

Young, through his attorney, Gregg Frame, filed a three-count complaint in Hancock County Superior Court on July 25, alleging the town acted improperly during actions leading up to being terminated from his job in January 2014 and his unsuccessful February appeal to the Town Council.

Mark Franco, who represents the town, filed his answer to Young’s complaint on Aug. 8.

Young filed the complaint in state court after a U.S. District Court judge in June dismissed Young’s claims that he was a victim of discrimination under the Americans with Disabilities Act and the Maine Human Rights Act due to his alcoholism. Young’s claim that he was fired for taking leave under the Family and Medical Leave Act to seek treatment also was dismissed.

Three additional federal claims were dismissed without prejudice by the judge, who stated they were best heard in state court. These claims – that the town denied him Rule 80B administrative appeal, that the Town Council violated Maine’s Freedom of Access Act and that his contract was breached – form Young’s state complaint.

Franco, in his answer to Young’s complaint, denies these allegations without being specific.

Franco does detail other reasons the town should prevail in the lawsuit.

Young, he wrote, fails to state a claim upon which relief can be granted. In addition, Franco contends Young’s complaint is barred under the terms of his employment agreement with the town, that Young has been provided with due process and that the Town Council’s decision to uphold his being fired by the town manager is supported in the record.

 

Mark Good

Mark Good

Reporter at Mount Desert Islander
Mark Good

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