Mass. FD Says There`s No Way `Dozing Dispatcher` Will Be Rehired

Dec. 22--PEABODY -- The city's top lawyer said the city will not rehire a Peabody Fire Department dispatcher who was fired for falling asleep on the job in 2005.

City Solicitor Michael Smerczynski said reinstating former firefighter John Brophy is "absolutely out of the question," despite a court motion filed by Brophy's lawyer this month to hold the city in contempt.

"The city did nothing wrong," Smercynzski said.

Brophy was fired after falling asleep on a cot in the dispatcher's room in March 2005, causing him to miss a 911 call about a 6-month-old baby who had stopped breathing. Police and an ambulance crew heard the call and responded, and the baby got to the hospital in time.

Brophy appealed his firing and won his case before an arbitrator. The city appealed the arbitrator's decision, but it was upheld by the state Appeals Court in 2008. The city was ordered to reinstate Brophy and compensate him for four years' worth of lost pay as a firefighter.

Former Mayor Mike Bonfanti soon fired Brophy again, however, saying he was insubordinate because he refused to take a new drug test and a physical exam in order to return to work. He also failed to provide the city with evidence of his income as a plumber during those four years. Brophy filed a new lawsuit, but a Superior Court judge dismissed the complaint.

Seven years later, on Dec. 1, Brophy filed a motion seeking to hold the city in contempt for failing to reinstate him and pay him back income. A hearing on the motion is scheduled for Jan. 20.

In an affidavit dated Nov. 20, Brophy said he met with Mayor Ted Bettencourt four times in an attempt to resolve the matter, but the city eventually stopped discussions.

Smerczynski said the only back pay Brophy would be entitled to is from that four-year period, since he's never appealed the judge's ruling that upheld the city's right to fire him the second time.

"Jack Brophy has slept on his rights," Smerczynski said.

Staff writer Paul Leighton can be reached at 978-338-2675 or pleighton@salemnews.com. Staff writer John Castelluccio contributed to this story.

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