Former Oak Bluffs fire and EMS chief John Rose will receive around $100,000 in a retirement package that includes a lump-sum payout, three months of paid leave, and 18 months of town health benefits, as well as other perks, according to his separation agreement with the town.
The separation agreement was released Friday in response to a public records request from the Gazette. Mr. Rose and the town announced his resignation and retirement in a joint statement on Feb. 1. The resignation came in the aftermath of separate revelations involving sexual harassment allegations against the chief, as well as an ongoing FBI investigation into ambulance finances.
The eight-page separation agreement spells out the terms for Mr. Rose’s departure. Although he will be on paid leave until April 30, he agreed not to perform any of his professional duties for the next three months. Based on Mr. Rose’s current salary of $131,736, the three months of paid leave comes to about $32,934.
He will also receive a lump-sum payout of $65,882.70 in severance compensation, as well as $63.09 an hour to cooperate with the town during what is termed a one-month professional transition period. The agreement states that the town can consult with Mr. Rose concerning any questions about the operation of the fire department, including paperwork, contacts, emails, recommendations and information about training and mitigation for the proposed Eversource facility in the town.
“Chief Rose further agrees that he will cooperate with the town in any matter arising during the period of his employment with the town,” the agreement states.
The agreement includes non-disparagement clauses between the town and Mr. Rose. It also indemnifies Mr. Rose against any civil legal action arising out of his performance as fire chief, but does not indemnify him against criminal legal action.
According to the agreement, Mr. Rose cannot pursue claims against the town for damages, including claims of defamation, libel, slander, emotional distress or invasion of privacy. While the chief can still file claims with the state commission that oversees equal employment opportunity laws, he cannot receive financial compensation as a result of any claims.
“Nothing in this agreement prevents the chief from filing charges with the [federal] EEOC or state or local EEO agency,” the agreement says. “However, this agreement does prohibit the chief from obtaining any personal or monetary relief for himself from the released parties based on such a charge.”
As for benefits, the chief will be entitled to all benefits and considerations the town offers to retired fire and EMS personnel, including any identification or badge given to retired officers. As allowed by federal law, he will also be entitled to continue his current health coverage under the town’s group plan for 18 months, effective May 1, at the end of his paid leave. If he elects to continue health coverage, he will be responsible for paying the premiums. He will not be eligible for or able to accrue any other benefits not specifically provided in the separation agreement.
The former fire chief has agreed to give up the keys to his truck, computer passwords, mobile phone and any other town-owned property.
The separation agreement includes his resignation letter to the town, which he has agreed to sign on April 30.
“I would like to thank all of my staff as well as all of the incredibly dedicated volunteer firemen, EMTs, police officers, and other public safety officials that I have worked with during my 30-plus years with the Oak Bluffs fire department and EMS department,” the letter says in part. “I am sure the department is in capable and professional hands as I depart.”
Mr. Rose is 48. Town administrator Robert Whritenour said Monday that the former fire chief remains under contract with the town to provide emergency plumbing services at an unspecified hourly rate. The contract is up for renewal in 2020, Mr. Whritenour said.
He also said Mr. Rose has stepped away from his unpaid position as co-director of emergency management services for the town. Police chief Erik Blake, who is the other co-director, will assume full responsibility for the position, Mr. Whritenour said.
Meanwhile, transition within the fire and ambulance department has begun. Town leaders said last week that deputy fire chief Shawn Broadley will be in command until Feb. 17, when he will retire. After that, assistant fire chief Manuel Rose will take command. Mr. Rose is the brother of John Rose.
The town is beginning a search for an interim fire chief.
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