HEATHER WYSOCKI
Cape Cod Times
Reprinted with Permission

BOURNE — A veteran firefighter is out of a job after a town ruling that some of his past Facebook postings violated fire department rules.


Late Wednesday afternoon, Town Administrator Thomas Guerino released a ruling that 16-year veteran firefighter Richard Doherty had "disqualified himself" from his job because his postings "cause the public to question whether he can serve all of its citizens."

Guerino wrote that Doherty posted messages "that ridicule and disparage" superiors in the fire department and others in town, including members of the police department.

"This conduct ... undercuts public confidence in the town's ability to provide these services," Guerino wrote.

Reached by the Times Wednesday night, Guerino said he had no further comment about the termination decision. Doherty also declined to comment.

In firing Doherty, Guerino referenced "a series of repeated violations," including an incident in which Doherty reportedly used a homosexual slur, and another in which he wrote of his anger at having to work on July 4, 2010.

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Guerino wrote that the hearing officer, Hyannis-based attorney Charles Sabatt, determined some of Doherty's Facebook postings were made while he was on duty. And the town administrator agreed with a statement in Sabatt's report that some of Doherty's comments during the disciplinary hearing proceedings were "'continually evasive and on occasion sarcastic.'"

Doherty's hearing began in early fall and was completed in late October. It took Sabatt several months to provide his recommendations on whether Guerino should punish Doherty.

The ruling comes just weeks after a Connecticut ambulance company employee successfully sued after she was fired by American Medical Response of Connecticut Inc. for posting Facebook messages critical of her boss.

That precedent almost certainly means the town of Bourne will be subject to litigation over Doherty's firing, Bourne firefighters' union president Gilbert Taylor said Wednesday night.

"They've really opened themselves up for a lawsuit, and I will not be surprised if one is forthcoming," he said.

The union will support Doherty, a former union vice president, if he chooses to appeal the town's termination, Taylor said.

The town has attempted to portray Doherty as a bigot, racist and homophobe, but "if anything, he's guilty of being a very vocal person. He speaks before he thinks," Taylor said.

"He has a right to be stupid, and he has a right to say what he wants to say," the union president added. "Just because you're a public safety employee doesn't mean you lose your freedom of speech."

Material from The Associated Press was used in this report.