As to not admitting of the application to prior discipline by a former chief, Boulanger again found problems with the town’s claims. According to the town, Thomas was fired by then chief Edwin Oliveira about 22 years ago for a past infraction. However, the town’s attorney at the time discovered that there were “procedural flaws” in Thomas’ firing. Following that, Thomas was reinstated.
Thomas didn’t own up to any disciplinary action against him, he testified, because he believe it had become a moot issue.
“(Thomas) credibly testified that Chief Streeter informed him that he had never been terminated or suspended because neither Chief Oliveira nor he (Streeter) sent notices of termination or suspension to the Civil Service Commission,” Boulanger wrote. “According to Thomas, Chief Streeter indicated that per records in the State’s Human Resources Division, there was no discipline in (Thomas’) work history.”
St. Pierre reported that Streeter denied making such a statement. Streeter, issued a summons to testify at the hearing, never appeared.
However, Boulanger wrote, any and all past disciplinary actions should have been included in Thomas’ Human Resources Division records, but there was no such notice therein. Therefore Boulanger ruled there wasn’t sufficient evidence to up hold the town’s claims and firing.