Gloucester Harbormaster T.J. Ciarametaro’s attorneys have amended his lawsuit in opposition to Mayor Sefatia Romeo Theken, members of her administration and the town, broadening the counts underneath which Ciarametaro seeks damages and offering extra element on a few of his extra explosive expenses of a hostile office.
The preliminary grievance, filed Feb. 9 in Essex Superior Courtroom in Lawrence, charged that Romeo Theken and members of her administration harassed Ciarametaro and created a hostile work surroundings as retaliation for the harbormaster serving as a plaintiffs’ skilled witness in a lawsuit involving the 2015 sinking of the fishing vessel Orin C.
Ciarametaro has reiterated the fees in a hostile work surroundings declare he has filed with the town.
His declare is one in all two publicly acknowledged hostile work surroundings complaints filed in opposition to Romeo Theken. In February, metropolis Group Improvement Director Jill Cahill filed a declare with comparable expenses.
Cahill, in her declare, mentioned Romeo Theken routinely verbally abuses her and different metropolis employees, typically in entrance of others.
The preliminary grievance of the Ciarametaro lawsuit contained 4 counts — hostile work surroundings, aiding and abetting a hostile work surroundings, interfering with protected rights, and retaliation — as the premise for looking for unspecified monetary and punitive damages from Romeo Theken, metropolis Normal Counsel Charles “Chip” Payson, Human Sources Director Holly Dougwillo, former Chief Administrative Officer James Destino and the town.
The amended grievance, filed Thursday in the identical venue by Ciarametaro’s legal professional, Liam T. O’Connell of Gloucester, accommodates solely three counts — intentional infliction of emotional misery, violations of Ciarametaro’s First Modification rights and violations of the Massachusetts Civil Rights Act.
On Friday, O’Connell mentioned the counts from the preliminary grievance coping with sexual harassment and discrimination have been faraway from the amended grievance as a result of authorized process mandates they first should be reviewed by the Massachusetts Fee In opposition to Discrimination.
“Procedurally, they must go to MCAD first for at the very least 90 days,” O’Connell mentioned. “These preliminary accounts all should be handled by MCAD.”
However, O’Connell mentioned, he totally expects to reintroduce them into the lawsuit except they’re resolved earlier than MCAD.
The primary depend within the amended grievance alleges Romeo Theken “meant to inflict emotional misery” on Ciarametaro with conduct described as “excessive and outrageous, past all attainable bounds of decency.”
The mayor’s actions, the depend alleges, at the very least partially triggered Ciarametaro’s misery that included “grief, sleeplessness, anxiousness and melancholy.”
The second depend particulars alleged First Modification violations by defendants in opposition to Ciarametaro.
“Defendants engaged in antagonistic conduct in opposition to Mr. Ciarametaro, in retaliation of his protected speech, by threatening his job, diminished his duty by retaining him out of choices affecting his division, harassing and intimidating him, disparaging and defaming, not processing an overdue pay improve, tried to intrude together with his potential to extend his earnings, and prevented his (hostile work surroundings) grievance from being processed and investigated pursuant to metropolis coverage,” the second depend alleges. “On account of the defendants’ actions, Mr. Ciarametaro has suffered damages by lack of earnings, each in his harbormaster place and consulting work, and damages to his repute.”
The third depend alleges violations of the Massachusetts Civil Rights Act by the defendants.
It states that Ciarametaro’s participation within the Orin C lawsuit — in addition to his public proclamation that Romeo Theken, Payson and Destino violated the legislation by attempting to intimidate a witness in a federal case — “have been workouts of his rights secured underneath the U.S. Structure, federal legal guidelines and the legal guidelines of the Commonwealth.”
Orin C lawsuit
On Dec. 3, 2015, the slime eel boat Orin C grew to become disabled at sea and radioed for help. Good Samaritan Capt. Phil Powell, on the helm of the F/V Cunning Woman, steamed 16 miles and was the primary vessel to succeed in the Orin C.
Powell and his crew initiated a tow that grew extra problematic — the towline snapped 4 occasions — because the seas rose and the climate roughened. In the end, the Coast Guard arrived and assumed management of the tow.
“It’s obvious to me that the towing of the F/V Orin C with the improper towline and gear did irreversible harm to the wooden-hulled F/V Orin C,” Ciarametaro wrote in his report for legal professional Joseph Orlando Jr., who was looking for monetary damages for the 2 surviving crew members and the property of Orin C Capt. David “Heavy D” Sutherland, who drowned within the closing rescue try. “I consider that the harm sustained by the Orin C from the improper towline was a considerable contributor to the eventual sinking.”
The events finally settled in June 2020 after U.S. District Courtroom Choose Patti B. Saris, over the objection of Orlando, ordered the events to stick to a earlier settlement settlement and dismissed the case earlier than it went to trial.
Orlando appealed that ruling to the U.S. Courtroom of Appeals for the First Circuit. On Sept. 25, 2020, the appeals courtroom ordered the “that the attraction be voluntarily dismissed.”
However the dangerous blood surrounding Ciarametaro’s function within the lawsuit lingered — significantly for Romeo Theken, a longtime fishing advocate. It lastly erupted into the open with Ciarametaro’s hostile office declare and lawsuit.
Mayor’s alleged language
Gone from the amended grievance are expenses that Romeo Theken, in entrance of different metropolis officers, “has defamed quite a few residents, metropolis workers and different elected metropolis officers.”
Absent are also a number of — however not all — references contained within the preliminary grievance alleging Romeo Theken’s use of sexually express language, in addition to the rivalry that Ciarametaro “was repeatedly subjected to unwelcome conduct of a sexual nature.”
O’Connell, nevertheless, mentioned these expenses are included within the MCAD grievance.
The amended grievance carries extra particulars of explosive allegations, lots of them coping with the mayor’s alternative of language.
It references an iPhone message left by Romeo Theken the place the mayor is alleged to have screamed at Ciarametaro and referred to as him disparaging names, together with “f***ing fraud,” “liar,” and “***gap.”
The amended grievance alleges the mayor, within the iPhone message, threatened Ciarametaro’s place as harbormaster if he continued to function an skilled witness within the Orin C lawsuit.
“Who the f*** do you assume you might be?” it alleges Romeo Theken acknowledged within the message.
The amended grievance additionally alleges Romeo Theken “brazenly disparaged and harassed” a possible new rent on the harbormaster employees “with crude and wildly inappropriate and sexually express feedback” in entrance of different harbormaster employees.
“Particularly, she acknowledged her ‘official’ reasoning for refusing to rent this particular person was as a result of ‘everybody will assume she solely received the job as a result of she was f***king everybody within the division’,” the amended grievance acknowledged.
Contact Sean Horgan at 978-675-2714, or firstname.lastname@example.org. Comply with him on Twitter at @SeanGDT