Vermont FD Settles First Amendment Suit Over Confidentiality Policy

A suit filed by two Vermont firefighters who were terminated for refusing to sign a confidentiality agreement aimed at silencing their dissent have been reinstated and their federal lawsuit settled for $60,000.

Former Fire Chief Christopher Gonyeau and veteran firefighter Heather Grimm were terminated from the Georgia Fire Department in 2016 because they refused to sign a confidentiality agreement. Both were part-time employees who had been raising safety concerns about overloaded apparatus, maintenance problems, and related matters.

In an effort to silence their complaints, the town came up with a confidentiality policy that prohibited members from sending any “written, auditory and/or visual messages” that are “relative to the Town of Georgia Fire Department”.

Chief Gonyeau and FF Grimm refused to sign an agreement to abide by the policy, and were terminated. They contested their termination and filed suit in US District Court, alleging the policy constituted a prior restraint on their First Amendment rights, as well as due process and 4^th Amendment violations.

The settlement came about through a offer of judgment submitted by the town’s attorneys, which Chief Gonyeau and FF Grimm accepted. An offer of judgment essentially is a formal offer to settle a case, which if turned down, puts the refusing party in a difficult situation. If a party refuses an offer of judgment and the judgment obtained is less favorable at trial, the refusing party “must pay the costs incurred after the offer was made.” See Rule 68 of the Federal Rules of Civil Procedure.

The settlement calls for Chief Gonyeau and FF Grimm to be reinstated to the department, the payment of $60,000 in damages, costs and attorneys fees, and the rescinding of the confidentiality agreement.

Here is a copy of the Offer of Judgment: Grimm v Georgia OFFER OF JUDGMENT

Here is a copy of the complaint: Grimm v Georgia

Here is a copy of the proposed confidentiality agreement: Grimm v Georgia Confidentiality Agreement

Note: if you have a problem with firefighters’ voicing discontent, this is not a good way to try to address it!!!