Arbitrator could order Beverly to pay former city electrician up to $500,000

Beverly’s former electrical inspector, Edward Comeau, who claims he was wrongfully terminated in 2003, could be awarded an estimated $500,000 settlement if his lawyer and the city fail to negotiate a settlement before Sept. 19, according to his lawyer.

“Hopefully we can come to some sort of solution,” said Mayor William Scanlon, who took office a year after Comeau was fired by Mayor Thomas Crean in 2003. “If not, it’s likely we would appeal.”

Arbitrator Thomas Kochan ruled in May that Comeau should be paid lost wages dating back to the date of his termination.

Comeau’s attorney, Thomas Fallon, said his client would be making $84,000 annually had he not been fired and should also be compensated for lost benefits such as sick leave.

“All these things add up and considering its eight years you could be talking something in the half million dollar range,” said Fallon, whose client is also asking for his job back. “Frankly I would be surprised if there would be an agreement on the amount of damages just from the initial discussions I’ve had with the city. I think we’re too far apart.

“The reason it’s so much is because we’ve been fighting this for eight years and it took eight years to go to arbitration.”

Beverly City Solicitor Roy Gelineau couldn’t be reached for comment.

After the 51-year-old Beverly resident spent 16 years on the job, the Globe reported in 2003 that he was fired in part because he missed work on April 29, 2002. At the time, human resource director Thomas W. L’Italien, told the Globe that the city hired a private investigator to follow Cameau that day. Comeau alleges that he informed his former boss that he was on call to testify at a US District Court hearing. The Globe also learned at the time that Beverly’s practice of hiring private investigators to follow employees dated back to 2001.

Ultimately Comeau was terminated less than a month after a 2003 altercation with his assistant in which Comeau reported that the assistant refused to do work on a specific project, according to Fallon.

“Because this assistant was friendly with the mayor and the human resources director, Mr. Comeau was suspended for five days without pay,” Fallon alleged, adding that after the suspension was served Comeau was asked to submit a formal apology. “He said ‘I can’t apologize, the statement is true.’”

A judge declined Fallon’s request for injunction to prevent Comeau’s termination. The judge said overturning the termination wouldn’t constitute irreparable harm because Comeau could always collect damages down the line.

The city challenged Comeau’s status as a union employee, but an arbitrator ruled in 2004 that Comeau was a union member. In 2006 a Superior Court judge ordered an arbitrator to determine it Comeau was improperly terminated.

In the meantime, Comeau’s former assistant has held the ever since 2003, according to Fallon.

And Comeau, a father of three, has picked up several part-time jobs without benefits. Comeau is currently unemployed.

Scanlon, the city’s current mayor, said the city has always had appropriate policies to handle such situations but this was “poorly handled” by his predecessor.

“We’d have to find a way to absorb whatever the hit is,” Scanlon said when asked about potentially paying Comeau $500,000. “But I don’t think there should be an emphasis on any number at this point. I think that just goes down the wrong street.”
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