Former Allingtown Fire Chief Richard Massaro sues board of fire commissioners

WEST HAVEN — Former Allingtown Fire Chief Richard Massaro, who retired under pressure 15 months ago after allegedly making racial comments, sued the Board of Fire Commissioners Monday. In the suit he denies making slurs and claims his rights were violated.

The lawsuit, filed in Superior Court in Milford, claims Massaro retired under "coercion and duress and amid false accusations" that robbed him of his constitutional right to due process and a fair hearing on the allegations he used racial epithets to describe Allingtown residents.

Massaro allegedly made the racial comments during a conversation with a retired firefighter. The conversation was recorded and delivered anonymously to the New Haven Register in October 2000.

The lawsuit drafted by Massaro's labor attorney, Michael J. Melly of Woodbridge, maintains that while Massaro has received money under an agreement with the district since he retired in December 2000, the amount is not as much as the former chief would have earned had he stayed in his job.

"We are saying the (retirement) agreement was no good," Melly said. "What we are claiming is that, because of the illegality of the settlement, he is not getting what (he should)."

Melly was not able to say Monday exactly how much Massaro has received or believes he is still owed. Under Massaro's retirement agreement, he gets $39,590 a year, or $3,299 monthly. Massaro earned $70,278 annually as chief.

Fire Commissioner Lou Esposito declined comment on Massaro's suit Monday, saying the matter had been referred to the commission's attorney, Robert Arnold of New Haven. Arnold could not be reached.

Fire Commissioner Aaron Haley declined comment because of pending litigation, and Commissioner John Samperi could not be reached for comment Monday.

Melly said Massaro believes the fire commission made its decision prior to a fair hearing on the accusations. The commission also could not maintain impartiality because it was the body empowered to investigate the accusations, as well as to render discipline, Melly said.

Massaro "retired under duress," and with the belief that "he was not going to get a fair hearing," Melly said. "Constitutionally, the whole thing was a mess, an absolute mess. It wasn't done the right way."

The suit seeks more than $15,000 in damages, as well as punitive damages, attorney's fees and a jury trial, court documents show.

"The Board of Fire Commissioners were biased and tainted in their views of the plaintiff," the suit says. The suit also claims Massaro's constitutional rights were violated and the commission violated state law through the unauthorized recording of Massaro's alleged comments.

After Massaro left the district, Elmer Henderson Jr. became the first black chief of the Allingtown fire department. Henderson, a former New Haven fire lieutenant, has drawn wide praise for his ability to run a department in which he was initially considered an outsider.

Massaro, 50, worked at the Allingtown department for 24 years, the last eight as chief. When he retired he was in the second year of a 10-year contract.

The lawsuit claims that the fire commission slandered Massaro by making "damaging, disparaging, false and untrue statements" which caused the former chief emotional and psychological stress and humiliation.