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Chelsea fire chief in abrupt resignation

Fothergill’s move caps unfriendly union relations

By John M. Guilfoil
Globe Staff / October 27, 2010

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Chelsea Fire Chief Herbert Fothergill abruptly retired this week, but not before bringing up nearly every firefighter and fire officer on disciplinary charges over wearing the wrong uniform shirt.

Before turning in his papers last week, Fothergill wrote up all but one firefighter after they refused to begin wearing a winter uniform starting on Oct. 1 that consists of a button-down shirt. The action culminated a long-running and bitter feud between the chief and the firefighters union.

The 58-year-old Fothergill’s future with the department was first called into question in September 2009, after the union, the International Association of Firefighters Local 937, gave him a vote of no confidence and questioned his handling of overtime pay and injured firefighters.

“We hand-delivered a detailed letter to the chief’’ and sent a copy to “City Manager Jay Ash with our issues with the way he managed the department and the hostile work environment he created, with intimidation and threatening tactics,’’ said Lieutenant Brian Capistran, the president of Local 937.

Relations grew progressively worse from there. Union members made the symbolic gesture of not wearing the winter uniform, in viola tion of the chief’s orders, to show city officials that Fothergill had lost control.

“We’re fed up,’’ Capistran said. “We’re tired of being disrespected. It has nothing to do with a button-down shirt. It’s not the uniform. It’s everything that’s led up to Oct. 1.’’

Fothergill’s retirement becomes effective Oct. 31. David LaFonde, the retired Holyoke fire chief, has been named interim fire chief in Chelsea.

The no-confidence vote and Fothergill’s departure cap years of strife, but Fothergill said last night that he was not retiring because of conflicts with the union.

“I’m not retiring because of a button-down shirt,’’ said Fothergill, who has been with the department for more than 30 years. “There’s still life in front of me and other opportunities in front of me.’’

In a phone interview, Ash praised Fothergill’s work. “The chief has been a steady performer,’’ Ash said. “He received high grades on evaluations from me and has been successful in working the federal system to get . . . money from the government that’s allowing us to maintain and improve our commitment to fire safety.’’

Fothergill said he brought in more than $4 million in grants this year, raising the department’s budget from $7.5 million to $11.5 million.

The union has filed about 10 grievances in the past two years, and most of those have gone on to arbitration after labor and management could not come to an agreement. The uniform issue first came up in summer 2009 when the city tried to change the job description of the fire truck mechanic. The city wanted to add certification requirements to the job, but the union contended the city had to collectively bargain for any change. The union proposed eliminating the less comfortable winter uniform in exchange, but the city refused.

“Based upon all we’ve seen with other departments, including Boston, having difficulties with mechanics, we wanted to have additional certifications,’’ Ash said. “We wouldn’t agree to change the uniform policy in order to provide more safety for the firefighters when they respond to calls.’’

Capistran said a hearing is set for Nov. 1 for all the firefighters who disobeyed the uniform orders. Ash warned that serious penalties could be levied against them, but Capistran said he hopes the union and the city can work out their differences. The union president e-mailed all members telling them to begin wearing the correct uniform tomorrow.

“They can disagree or agree with how I went about doing my job, but when you’re the person who has to sign the payroll and watch the dollars and make sure the overtime budget will last to the end of the fiscal year, and guys grieve because they want to get a full day’s pay because they worked for four hours and 35 minutes — the taxpayers pay my salary, and they pay their salary,’’ Fothergill said.

Traditions run deep in Chelsea, particularly among the approximately 100 firefighters and fire officers. Fothergill is a third-generation Chelsea firefighter with an uncle who also served. His father was chief during the Chelsea Fire of 1973. Capistran’s father was also a member of the department.

Passions run high as well, and Capistran did not mince words yesterday when he called Fothergill a traitor to the union, of which he was a member for more than 25 years.

“As soon as he got in office, the contract language he benefited from as a union member, he started highlighting and targeting,’’ Capistran said. “He’s a traitor. Yes. Not just in my eyes, the whole department.’’

“Unions take positions for one reason or another that I don’t agree with,’’ Fothergill said. “These are trying times, and a lot of people who live in the city and other cities and towns are having tough times. We were faced with layoffs a year ago, and I was able to get state and federal money to save jobs and fund overtime.’’

John M. Guilfoil can be reached at jguilfoil@globe.com.

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