COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT HAMPDEN, ss. cviLactionno, 417+ 529 GREGORY C. NEFFINGER, Plainit, ‘TOWN OF EAST LONGMEADOW and PAULL. FEDERICI Defendants PLAIN AND DEMAND vo PARTIES 1. The plaintit, Gregory C. Neffinger(*Neffinger), san individual residing st 76 Bona Avenue, West Springfield, Massachusetts 2. The defendant, Town of Bast Longmeadow (the “Tow”, is « Masschusets municipality witha place of business at 60 Center Square, East Longmeadow, Massichustt. 3. The defendant, Paul L Fdersi (Feder), is an individual who resides in East, Longmeadow, Massachosets, Atal times relevant otis complain, Federici was a member of the Town's Boar of Selectmen (the "Boas acts 4, The Board unanimously voted (o hire Neffinger as Interim Town Administrator effective December 28, 2015 until June 30, 2016 unless sooner tenninated by writen notice as provided in Section 6 ofthe Agreement for Professional Services attached hereto as Exhibit (the “Interim Agreement”) =5. Pursuant tothe Interim Agreemsent, Nffinger was entiled tobe paid atthe rate of $1,564.84 per week and to receive other benefits asset forth inthe contract 6. Section 6.A. ofthe Interim Agreement provides tha the Board “may teminate this ‘Ageeeenent at any time, for any reason ot for no reason, by delivering to the Contractor a ten (10) say writen notice of teination” 7. From December 28, 2015 to Apuil 19, 2016, Neffinger performed all his assigned duties as set forth in the Interim Agreement without notice of any complaint regarding his performance, 8, Onor about March 9, 2016, Federici spoke to Sean Techan (*Teehan") a reporter forthe Springfield Republican newspaper, and stated, on the record, that Prank Keogh (“Keough”) approached Federici and offered him a yet-fo-he created position in Town Hall in exchange for Federici’s support of Daniel O'Brien for Police Chief snd Neffinger for permanent Towm Administetor. 9. Inanewspaper article on March 10, 2016, Techan reported: East Longmeadow Board of Selectmen Chair Paul Federsi said in ‘an interview Wednesday tha former Springfield City Councilor and ‘eonvieted felon Francis G, “Frank” Keough Il had approached him, fatound the beginning of January, Federici said Keogh sought ‘support for O'Brien for East Longmeadow police chief and East Longmeadow interim Town Administrator Gregory Neffinger a5, permanent Town Hall head, Keough told Federici that his ‘cooperation would be repaid with a yet-to-be created position in ‘Toon Hall, Federici said. “Tas told once they got this all setled, they were going to create some finance manager Gob.” Federici sui. soredFederici met with an official fom the Sate Atomey General's Springfield office on Tuesday, and alerted him to the exchange between hi and Keough 10, Teehan subsequently reported that Federici stated he received a phone cl from the Foderal Bureau of lavestgation the day afterhe met with an offic inthe State Atorey Genetals offen 11, Keough denied making the statements to Federici 12, Neffinger has no knowledge of sch a conversation between Federici and Keough snd did no dict orindirety, inate, suggest oF encourage any such conversation, 13, Fedevii then stated ina sepiate newspaper atl: “Ie (Keough) didn't actly come out and say the fob was offered. K was just sort of impliod” 14, Federici made these statements with actual males, knowing tht they were not rue anv made them wit the purpose of injuring the repuation of Welling by suggesting that he had commited a xine or oer improper act an that Neffnger was under some inveatigaton bythe Attomey Genera’ office othe Federal Buean of Investigation. 15. The agenda forthe March 16, 2016 Bose meting noted lem No, 11 as “Town Adminitaon’s Contact” 16, OnMarch 16,2016, th Board met in executive session o discus hiring Nefinger asa pemanent Town Administrator. 17. The Board voted to hire Nefinge as the permanent Town Adminstrator by x vote of 21, Faerie voied agains hiring Nefingr 18. Onorabout April I, 2016, an Employment Agreement afaced hereto as Exhibit “pr(he “Employment Agreement”) was executed by Nelinger and the Board employing [Neffinger asthe permanent Towm Administrator beginning April 11, 2016 and terminating attheead of the day on April 10, 2017 unless sooner terminated under the terms ofthe Employment Agreement 19, Chairman of the Board, Angela Thorpe (“Thorpe”), and Board member, William Gorman (“Gorman”), signed the Employment Agreement on behalf ofthe Board, 20, Pursuant dhe Employiucut Aysceuient, NefTinger was tobe paid weekly based on ‘an annoal salary of Eighty Six Thousand Five Hundred and 11/100 ($86,000.00) in addition to other benefits 21, The Employment Agreement provides, in pertinent part, at Section 9.D.: ‘The Board may terminate this Aggeement or discipline the employee {orjust cause. Inthe event of termination o discipline for just cause, the Employee shall be notified of a meeting hefore the Board ‘pursuant tothe requirements of General Laws Chapter 30A, Section 21. In addition, the Employee shall be given prior tothe hearing a ‘written list of the charges or complaints against him. Notices shall be effective upon mailing 22, The Employment Agreement contains the following severance provision at Seetion 10: In the event that the proposed Charter Revision is passed by the ‘Town in the upcoming vote of April 11, 2016 the Town will give the Town Administrator a minimum of to months (sic) notice or ‘two months (si. severance pay. 23, On April 12, 2016, the Tow held elections for members of the Board and a vote fon the Charter Revision. ‘24, Asazosult ofthe election on Apri 12, 2016, the new Chanter Revision was passed (Ge “Home Rule Charter"). Angela Thorpe was not re-elected tothe Board, Kevin Manley was clected asa member ofthe Board in her stead, Gorman and Pederci were both re-clected25, Onorabout April 12,2016, Town Counsel, James Donohue ("Donohue"), advised the Board thatthe April 11, 2016 vote to hire Neffinger was invalid a, in his opinion, i violated the Open Meeting Law, 26, Specifically, Donohue advised the Board that, inhi opinion, te Histing of “Town “Amiuisuators Contes” on the agenda fo he March 16,2016 medting was insufficient notice under the Open Meeting Law. 21. Aisle 10, Section 3 of the Home Rule Chatter provide, in pertinent pat, as {allows Cont wwernment and Personnel Any person holding a town office or employment under the town ‘hall retain such office or employment and shall enntinue to perform the duties of the office until provisions have been made in sceordance with ths charter forthe perfomance of the said duties by another person or agency. 28. Article 10, Section 7 of the Home Rule Charter provides, in pertinent part, as follows: [Typere shall be a town election on Tuesday, June 7, 2016, during which all Town Council members shall be elected ‘The Town Couneil shall meet on July 1,2016, following the taking of the oath of office to elect its officers, establish interim operating rules, and appoint an Interim Town Manager. ‘Upon the date of taking effect of this charter on April 13,2016, the ‘Board of Selectmen shall cantinve to exercise executive functions ‘ofthe Tov until the Rrard is abolished provided thatthe Board of Selectmen shall neither ‘eliminate any posit any 12 or elected official, nor execute or extend any etmployment contract during the transition, except for matters not admiting of delay. (Emphasis added), sore)29, On April 13,2016, despite the foregoing provisions ofthe Home Role Chater, the ‘Board voted 2-1 to terminate Nefingeras Town Administrator. Gorman voted asin! the motion to terminate Neingr. 30, Because the agenda forthe Apel 13-2016 meeting didn lst the vote to terminate ‘etfingcs, Dave informed the Board that ite woot terminate Nefing wasn violation of the pen Meeting Law and would need to be voted on again after being properly listed onthe agenda 31. On April 19, 2016, the Board voted to teominate Neinger 52. Novwriten notice ofermination was ever delivered to Neffingr as regired under the Interim Agreement 433. Neffinger was never nied of any "just cause” fr his termination as required under the Employment Agreement. 34, Neffinger was never notified of a meeting before the Board pursuant 1 the requirements of MLL, €.30A, § 21 and Neffinger was not given witen ist of the charges of the complaints agains him as required under the Employment Agreement. 35, Neffinger was not given either twe months” notice or two months” severance pay after the Home Rule Carer passed as required under the Employment Agreement 36, Neffinger was not povided copy ofthe reasons for is removal othe opportunity to contest his removal before the Town Counel as required by MG. €.43, § 61 51. On October 21,2016, Neffinger sent lete of preseniment to the Town pursuant to MGI. €. 256 §4ltached hereto as Exhibit “C™ 38, The Town did not respond to the letter of presentment.39. count (DECLARATORY JUDGMENT) ‘Paragraphs 1-38 of this complaint are hereby incorporated into this Count I as if folly set forth herein, 40, ‘The Town unlawfully terminated Neffinger and filed to comply with the Intesin Agreement, the Employment Agreement, M.G.L.c. 304, §21, and M.G.L. ¢.43,§ 61 WHEREFORE, Neffinger requests that this Cout fin: A. There was sufficient notice of the meeting on March 16, 2616 to discuss hiring Neffinger as pecmanent Town Administrator jnaccordance with the Open Meeting Law, G.L. ©. 30A, § 20(0): B, The March 16, 2016 vote by the Board to employ Neffinger ‘asthe permanent Town Administrator from April 11, 2016 through ‘Apel 10, 2017 was valid, Consequently, the Employment ‘Agreement is valid; C. —Paouant 10 the Employment Agreement, Neffinger could only be terminated for "just cause.” 1D. Parsuant to the Employment Apreement, in the event the ‘Board wished to terminate Neffinger for just cause, it was required ‘to give Neffinger a written list ofthe charges or complaints agsinst hin and to notify Neffinger of a meeting before the Board pursuant to the requitements of M.GL. ¢. 0A, §21 E, The Board did not terminate Neffinger for eause prior 0 Apsil 12, 2016, F, _ Asaresultof the passing ofthe Home Rule Charteron April 12,2016, the Board id not have the authority to terminate Neffinger aftee April 12,2016, G._Neffinger was not provided a copy of the reasons for his ‘removal or the opportunity to contest his removal before the Town CCouneil as required by M.G.L. c, 43, § 615 and 1H. Pursusnt to the Employment Agrecment, Neffinger is entitled toto (2) months" severance pay. INTHE ALTERNATIVE, in the event that this Court finds thatthe March 16, 2016 vote by the Board to employ Neffinger asthe permanent Town Administrator was inv 6725-4 7 for failuretocomply with the Open Meeting Law notice provision, GL. c. 30A, § 200), Neffinger requests that this Coust fine: ‘A. The Interim Agreement was a valid contract and 1B. The Board did not terminate NefTinger by delivering 9 him ‘sen (10) day prior written notice of termination prior to April 12, 2016; C. __Asaresult of the passing ofthe Home Rule Charter os April 12,2016, the Boerd did not have the authority to terminate Neffinger after April 12,2016, D. _Neffinger was not provided a copy of the reasons for his removal or the opportunity to contest his removal before the Town ‘Council as required by M.G.L. c. 43, § 6; and BE. Pursuant tothe Interim Apreemest, Neffinger is entitled to compensation in the amount of $1,564.84 pet week from April 19, 2016 through June 30, 2016. count (DEFAMATION) 41, Paragraphs 1-40 ofthis complaint are hereby ineorporatd into this Coan as if fully st forth berein 42. Federici intentionally and maliciously published false statements regating Neffinges forthe purpose of injuring Nefinger’s reputation. These fase statements diseetited ‘efinger inthe minds ofa considerable and respectable segment in the commit. 48, Fedesiei published these statements with knowledge tt she statements were fils and in seckles dirpn ofthe th, 444, Federici unecessary, uneasonably and excessively published false statements about Neffinger WHEREFORE, Netinger demands judpment against Federici for pain and suffering, damage to his eputation, emotional distress, and loss of employment. sorePRAYER FOR RELIBE WHEREFORE, the plaintiff, Gregory C. Neffinge, prays that: 1. Declare that the plintfis: (a ented to two 2) months’ severance pay from the “Town pursuant othe Frployient Agreement r, in the alternative (b) entitled to compensation from the Town inthe amount of1,564.88 per week from Apri 19,2016 trough Fane 30,2016 pursuant othe Interim Agreement and 2, Ener judgment agains the defendant, Federici, for pain and suffering, damage to [Neftinger’s reputation, emotional distress, and loss of employment; and 3. Order such relief as it deems just and proper. "THE PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE. ‘The Plait, GREGORY NEFFINGER | Cnn | . ‘tremblay@morrisonmahoney.com MORRISON MAHONEY LLP 1500 Main Street, Suite 2400, Post Office Box 15387 Springfield, MA 01119-3387 Phone: 413-797-4373, Fax; 413-739.3125 Dated: August 1, 2017