Stonington
Willinghan vs. Town of Stonington
Former town manager sues for disability discrimination

by Faith DeAmbrose
The town of Stonington will be forced to defend, in U.S. District Court, a 2007 decision that ended its employment relationship with former town manager Howard Willinghan.

Willinghan, who served as town manager for 10 months during 2007, filed a civil rights action suit in U.S. District Court for the District of Maine on the basis of disability discrimination against “the Town of Stonington” on October 22, 2009, exactly two years from the date he was initially asked to resign his position. The town was served with the suit last week, and the town’s lawyer met with town manager Kathleen Billings-Pezaris February 19 in preparation for the town’s defense.

Claiming “intentional discrimination, denial of reasonable accommodation for disability, retaliation for requesting reasonable accommodations, constructive discharge and willful and reckless disregard of [his] civil rights,” Willinghan seeks “his past and future lost wages and benefits, compensatory and punitive damages, declaratory and injunctive relief, and attorney’s fees and expenses,” according to court documents.

Willinghan was hired as town manager by the board of selectmen to replace Richard Avery who resigned effective December 31, 2006.

According to minutes from Stonington’s board of selectmen and articles regarding selectmen’s meetings printed in the Island Ad-Vantages, the selectmen began searching for a replacement for Avery in September 2006. At a November 29 special meeting of the board of selectmen, the board members voted to hire Willinghan, offering him a three-year employment contract which began January 2, 2007.

An interview which appeared in the 2006 Christmas issue of Island Ad-Vantages introduced Willinghan to the community. He stated during that interview that his interests included motorcycle riding and outdoor activities. Willinghan attended his first board of selectmen’s meeting as town manager on January 8, 2007, and was responsible for recording the minutes of each meeting, which he did by hand.

According to information provided in the civil rights action suit filed in U.S. District Court, Willinghan has a history of medical issues resulting from a workplace injury in 1982 while working for Verizon. The suit states, “Since that injury, Mr. Willinghan has undergone five spinal reconstruction surgeries…was twice confined in a full body cast for approximately seven months as a result of the injury…has undergone long-term physical rehabilitation,” and as a result of the injuries walks with a cane and “has been in pain continuously for more than 20 years.” The suit claims that Willinghan “gave the board of selectmen an overview of the history and the then current status of his medical condition” during his first in-person interview with the selectmen.

As it pertains specifically to the town of Stonington, the suit alleges that in August 2007, Willinghan “began to experience increased back pain and was diagnosed in late September with spinal instability, annular tear, severe degenerative disk disease, and canal stenosis…and was told by his doctor that he faced catastrophic failure of his spine if he did not seek immediate medical attention or if adjustments were not made to his work conditions.”

The selectmen’s meeting minutes of October 23, 2007, read: “Howard [Willinghan]…“informed the Board and all those present in the room he had a consultation from his doctors on Saturday, October 21, 2007, who had informed him that he risked catastrophic failure of his spine if he were to continue in his present duties. He stated it may be 4 to 6 weeks before he can get into the hospital for treatment or operation that was not elaborated on.” It was further noted in the minutes that “[n]o medical documentation was presented to the Selectmen for review from the Town Manager.”

During the meeting, the minutes state, Willinghan said he preferred to take a four-to six-week “unexcused leave,” and further said that he “served at the pleasure of the board.” In the meeting minutes, the board members expressed concern about the hardship the town would face since budgeting, the town’s annual audit, town report and town meeting preparations were slated to begin shortly.

The meeting ended with an executive session, lasting seven minutes, which Willinghan declined to attend. At the end of the executive session, the board came back into its regular meeting and voted unanimously to “regretfully and respectfully ask for the resignation of the Town Manager, Howard Willinghan, as he has informed the board he is unable to perform his duties.” The minutes of the October 23 meeting were submitted October 29 by then-assistant town manager Kathleen Billings-Pezaris.

Now town manager, Billings-Pezaris said last week, “I can’t comment [on the suit] because this is a personnel issue.”

The town’s lawyer, Mark Dunlap of Norman, Hanson and DeTroy of Portland, wrote in an e-mail to the Ad-Vantages on February 22, “The Town has until March 9, 2010, to respond to the allegations and will do so by that date. Although the Town has not yet officially responded to the lawsuit, it is fair to say it will vigorously defend itself against the allegations and it expects to prevail in the end.”

Funds for legal fees in the 2010 town budget total $7,500. When asked, Billings-Pezaris said she was comfortable with budgeting that amount. Some of the costs of the suit, such as court costs, will be covered by Maine Municipal Association insurance.

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