A Dukes County superior court judge last week ruled that Oak Bluffs fire chief Peter Forend had no legal or justifiable reason for dismissing fire investigator Peter Martell two years ago, soon after he took the position, and ordered that Mr. Martell be reinstated while awarding him damages, attorney’s fees and back wages.

Mr. Martell said yesterday he felt vindicated.

“I never quite understood what motivated this. It always seemed like a witch hunt. I was asked to resign, and never given a good reason. So, yes, I am pleased with the ruling. I can get back to work now,” he said.

The seven-page ruling from the Hon. Tina S. Page, an associate justice of the superior court, sharply criticizes Chief Forend and the selectmen. “This finding is underscored by the complete absence of any verbal or written warnings regarding Martell’s actions while he was on duty, as well as the failure of the chief to establish a written description of Martell’s duties . . . Furthermore, the incidents enumerated during the hearing seem to have occurred in the short period of time subsequent to Forend’s selection as chief. As such this court finds that the reasons set forth by the town and the fire chief for Mr. Martell’s dismissal are not supported by such evidence as a reasonable mind might accept.”

The judge refers to two incidents which Mr. Forend cited as examples of Mr. Martell “overstepping his bounds.”

In January of 2008 Mr. Martell responded to a motor vehicle accident and asked a police officer to move his cruiser so an ambulance could maneuver closer to the scene. In March of 2008 Mr. Martell was the first to arrive at a building fire on Vineyard Haven Road and ordered a fire truck to lay a forward hose.

Mr. Forend said the incidents were examples of Mr. Martell’s failure to follow chain of command. A disciplinary hearing was held on June 18, 2008, and a letter was sent to Mr. Martell the next day asking him to “honorably retire.” Mr. Martell refused, and was terminated less than two weeks later.

Judge Page found no basis for Mr. Martell’s dismissal.

She also dismissed a request from the town that the court enter partial summary judgement in its favor because Mr. Martell is now over the fire department’s mandatory retirement age of 65. The selectmen approved the new mandatory retirement age in January of this year, although Mr. Martell was not past the retirement age when he was dismissed two years ago.

“The bylaw was not in effect at the time of Martell’s termination and the town’s attempt to make it apply to him retroactively is a blatant example of an ex-post facto law and arbitrary action on the part of the town. As such, the defendant’s motion to partial summary judgement is denied,” the judge said.

The town will have to pay damages and back pay to Mr. Martell, although the amount is unknown.

Town administrator Michael Dutton was unavailable for comment yesterday.