COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF THE TRIAL COURT HAMPDEN, ss. SUPERIOR COURT DEPT. CIVIL ACTION NO. WILLIAM JEBB, Plaintiff, COMPLAINT AND DEMAND FOR JURY TRIAL v. CITY OF CHICOPEE, and MICHAEL BISSONNETTE, Defendants. lature of the Case This case arises from former Mayor Michael Bissonnette’s failure or refusal to comply with the Civil Service standards for appointments of Police Chief which resulted in the Plaintiff's having been denied the promotion initially to Acting Chief, and then to Permanent Chief. Moreover, in connection therewith, Bissonnette attempted to ruin the Plaintiff's reputation and good name by publicizing false statements about the Plaintiff regarding his management of an internal affairs investigation. Parties 1, The Plaintiff William Jebb is an individual residing at 23 Hemingway Road, Hampden County, Wilbraham, Massachusetts, 2. The Defendant City of Chicopee is a municipal corporation with a principal place of business at City Hall, 274 Front Street, Chicopee, Hampden County, Massachusetts. 3. The Defendant Michael Bissonnette is an individual residing at 424 Springfield Street, Chicopee, Hampden, Massachusetts, and at all times relevant hereto was the Mayor of Chicopee. 1/PageFactual Allegations 4, In 2005, the Defendant Bissonnette was running for mayor of Chicopee. 5. Also at that time in 2005, the Plaintiff Jebb was a Captain with the Chicopee Police Department. 6. Jebb had been a member of the Chicopee Police Department since 1987, had been promoted through the years, and had reached the rank of Captain in 2003. 7. Also in 2005, Jebb was the President of the local police union. 8. Asa result of a majority vote, the union members decided to support Bissonnette’s opponent in the mayoral race. Jebb implemented that decision as president of the union. 9. At some point during Bissonnette’s campaign, information relating to Bissonnette’s past criminal record was leaked to the public. 10, Bissonnette won his mayoral campaign and served as Chicopee’s mayor from January, 2006 through January 6, 2014, having won re-election for a second term, 11. In June, 2012, the then-current police chief, John Ferraro, retired. 12, Despite Chief Ferraro’s recommendation, Jebb’s senior rank and the Civil Service rules, Bissonnette appointed Captain Thomas Charette as provisional Police Chief. 13, Jebb remained in his role as Deputy-Chief, and as head of the Chicopee Police Department's Internal Affairs department. 14, In January, 2013, Bissonnette entered into an agreement with the Massachusetts Human Resources Division (“HRD”), whereby HRD’s and the City’s responsibilities for *Previously, Bissonnette had attempted unsuccessfully to remove the position of Chief from Civil Service. As support for this endeavor, he claimed to be seeking the best candidate from anywhere in the nation. The City Council refused to do so. Yet, ironically later, Bissonnette attempted to thwart Jebb’s promotion to Chief based upon Jebb’s not being a resident of Chicopee. 2[Pageselecting a permanent Police Chief were delegated to an “assessment center”, rather than rely ona written examination to be administered later in May, 2013. 15. The assessment center was held on January 23, 2013, and resulted in Jebb attaining the highest score. 16. Despite the clear results of the assessment center, Bissonnette requested that the City’s Human Resources Department assemble background information regarding each of the top three candidates. 17. At some point during this process, suspecting that Bissonnette was hostile towards him, Jebb asked the City Solicitor, Karen Betournay, to ask Bissonnette the reason for his animosity. 18, In February, 2013, Ms. Betoumay spoke with Bissonnette and asked him why he “hated” Jebb. 19, Bissonnette told her he did not trust Jebb and referenced the alleged release of his, criminal information in 2005. Bissonnette mistakenly suspected that Jebb had publicized the information. 20. When Jebb learned this, he tried on several occasions to speak with Bissonnette to assure Bissonnette that Jebb had had nothing to do with the release of the information and otherwise had done nothing inappropriate. 21. Bissonnette never gave Jebb the opportunity to explain. 22. After the candidates’ background information had been assembled per Bissonnette’s instruction, Bissonnette commenced an interview process of the three top candidates, including Jebb, in April, 2013. Again, Jebb scored the highest. 3/Page23. On June 10, 2013, Bissonnette announced his appointment of Thomas Charette as permanent Police Chief.” 24, At that same time, Bissonnette took the opportunity to announce via press release an independent investigation specifically aimed at the Chicopee Police Department's Internal Affairs involving, inter alia, the Amanda Plasse photos incident.’ 25. Bissonnette’s claimed reason for the investigation was his dissatisfaction with the way in which the discipline was handled in the matter, and his disappointment that he was not informed by IA about the Plasse photo investigation until over a year after Plasse’s August, 2011 death, Moreover, in a separate incident, Bissonnette accused Jebb of having witnessed a fellow police officer threaten another officer with a gun, but then do nothing to discipline that officer. 26. The foregoing statements were false. At all times, Bissonnette was kept up to date on the Plasse photograph incident investigation and had agreed with the chosen discipline. So, t00, Jebb never witnessed any situation involving an officer threatening another with a gun. 27. The controversies remained a topic in the news and among the general public for a substantial period of time, and Bissonnette continued to vilify and defame Jebb on this and related topics on his personal blog even after leaving office. 28. As a result of the conduct of Bissonnette as mayor and individually, Jebb suffered extreme emotional distress and damages, including having had to incur significant 2 Jebb appealed to the Civil Service Commission (G2-13-153) which issued a decision in his favor on March 20, 2014. > Amanda Plasse had been murdered in Chicopee in 2011. It was later discovered that some of the police had photographed her body at the scene and the photographs had been disseminated to members of the public. 4|Pageexpenses and attorneys’ fees related to his Civil Service appeal, and having lost the differential in pay which the promotions would have afforded him. 29. The Chairman of the Civil Service Commission described Bissonnette’s conduct in connection with the Police Chief position as “one of the more egregious and overt examples of political and personal bias I have seen during my tenure on the Commission.” VIOLATION OF 42 U. 30. The Plaintiff incorporates by reference the allegations set forth in Paragraphs 1-29, supra, and restates the same as if originally set forth herein. 31. Atall times relevant hereto, the Defendant Michael Bissonnette was acting as Mayor of the Defendant City of Chicopee. 32. As Mayor, Bissonnette was the sole appointing authority for the Defendant City, and was responsible for establishing final policy with respect to appointments and promotions to Chief of Police. 33. Bisonnette’s actions relating to police promotions were per se the custom or policy of the Defendant City of Chicopee. 34. As Mayor, Bissonnette made a deliberate choice in his selection of acting Police Chief and then of permanent Police Chief. 35. Bissonnette’s decisions to deny Jebb the promotions were directly driven by his mistaken view regarding Jebb’s political affiliation or support of Bissonnette’s opponent during Bisonnette’s mayoral campaign in 2006. 36. Bissonnette was acting pursuant to a policy or custom of the City to infliet political retribution against those who had supported Bissonnette’s opponent. 5|Page37. The foregoing constitutes callous and deliberate indifference to Jebb’s constitutional rights, and in particular, is a violation of Jebb’s First Amendment and Fourteenth, Amendment Rights which were clearly established at all times relevant hereto. 38. Asa direct and proximate result of the Defendant City’s conduct, the Plaintiff has suffered injury and damages, including having had to incur significant expenses and attomeys’ fees related to his Civil Service appeal, and having lost the differential in pay which the promotions would have afforded him. WHEREFORE, the Plaintiff demands judgment against the Defendant City of Chicopee pursuant to 42 U.S.C. §1983; and for an award of damages, including interest, and for costs and attorneys’ fees, all pursuant to the statute; and for all such other relief as this Court deems just and equitable. COUNT II NEGLIGENCE v. the City of Chicopee 39. The Plaintiff incorporates by reference the allegations set forth in Paragraphs 1-38, supra, and restates the same as if originally set forth herein. 40. On or about January 16, 2015, the Plaintiff sent a presentment letter setting forth the City’s negligence pursuant to Mass. Gen. L. ¢. 258, §4 to the Defendant City of Chicopee. See Presentment Letter, attached hereto as Exhibit “A”. 41. Specifically, the Defendant City had a duty to exercise reasonable care in executing and implementing the civil service rules regarding promotions to “acting” Police Chief and then to “permanent” Police Chief. 42. Through Bissonnette, (then-mayor), the City breached its duty by improperly executing and implementing the civil service rules such that it failed to promote Jebb initially to acting Chief and then to permanent Chief. 6|Page43. Moreover, the City had a duty to refrain from negligently injuring Jebb’s reputation. 44. The City breached this duty by Bissonnette’s negligent statements impugning Jebb’s performance as head of the Internal Affairs Department. 45. Such statements were false and Bissonnette failed to ascertain the truth or falsity of the statements prior to publicizing them. 46. As a direct and proximate result of the Defendant City’s negligence, the Plaintiff suffered harm and damages, including having had to incur significant expenses and attomeys’ fees related to his Civil Service appeal, and having lost the differential in pay which the promotions would have afforded him. WHEREFORE, the Plaintiff demands judgment against the Defendant City of Chicopee for negligence; and for an award of damages, including interest, and all such other relief as this Court deems just and equitable. YUNT I DEFAMATION v. Michael Bissonnette 47. The Plaintiff incorporates by reference the allegations set forth in Paragraphs 1-46, supra, and restates the same as if originally set forth herein. 48. As described, supra, the Defendant intentionally and maliciously published false and defamatory statements to third parties regarding the Plaintiff's performance of his profession or job which exposed the Plaintiff to contempt, hatred, scorn or ridicule, or tended to impair his standing in the community. 49. Asa direct and proximate result of the Defendant's conduct, the Plaintiff suffered injury. WHEREFORE, the Plaintiff demands judgment against the Defendant Michael Bissonnette for defamation, and for an award of damages, including interest, and all such other relief as this Court deems just and equitable. 7|PageINTENTIONAL INFLIC )F EMOTIONAL. Michael Bissonnette 50. The Plaintiff incorporates by reference the allegations set forth in Paragraphs 1-49, supra, and restates the same as if originally set forth herein. 51. As described, supra, the Defendant Bissonnette acted in an extreme and outrageous way, and such conduct was beyond all possible bounds of decency and was utterly intolerable in a civilized community. 52. The Defendant intended to inflict emotional distress, or knew or should have known that emotional distress was the likely result of his conduct. 53. As a direct and proximate result of the Defendant's conduct, the Plaintiff suffered severe emotional distress that was of such a nature that no reasonable man could be expected to endure it. 54, The Plaintiff also sustained significant damages including having had to incur significant expenses and attorneys’ fees related to his Civil Service appeal, and having lost the differential in pay which the promotions would have afforded him. WHEREFORE, the Plaintiff demands judgment against the Defendant Michael Bissonnette for intentional infliction of emotional distress, and for an award of damages, including interest, and all such other relief as this Court deems just and equitable. THE PLAINTIFF DEMANDS A JURY TRIAL ON ALL COUNTS. [PageTHE PLAINTIFF WILLIAM JEBB BY: Z a THOMAS A. KENEFICK, Ill, ESQ. BBO #267620 73 Chestnut Street Springfield, MA 01103 (413) 734-7000 — telephone (413) 731-1302 — facsimile takenefick@takenefick.com Date: July 21, 2015. 9] Page