Three employees claim they were harassed, threatened and discriminated against by Irving J. Owens and two of his top deputies in retaliation for "whistleblower activity."

01:00 AM EDT on Friday, September 23, 2005

MARK ARSENAULT
Journal Staff Writer

PROVIDENCE -- Three employees of the state fire marshal's office are suing Fire Marshal Irving J. Owens and two of his top deputies, alleging under the Whistleblowers' Protection Act that they have been harassed and denied civil rights.

The plaintiffs, Anthony Marsella, Joseph Barroso and Nicholas Pellegrino, also name the state Department of Administration as a defendant in the lawsuit filed in Providence Superior Court.

The suit alleges that in April 2004, Pellegrino reported to the attorney general's office that Owens and another defendant, Chief Deputy Fire Marshal Richard James, altered an investigation report on The Station nightclub fire. The names of the investigators -- Pellegrino and Marsella -- were taken off the report and Owens' name was added, Marsella said in an interview.

Marsella said the report was changed back after he and Pellegrino complained.

The suit alleges that in retaliation for "whistleblower activity," Marsella and Pellegrino have been "harassed, threatened, discriminated against, and treated differently, in terms of their employment," by Owens, James and R. Michael DiMascolo, chief deputy fire marshal, who is also named in the suit.

The suit also states that Owens unfairly banned Barroso from doing fire inspections in Woonsocket, and threatened to withhold promotions from him.

Jeff Neal, spokesman for Governor Carcieri, said he could not comment on the suit last evening because the Department of Administration had not yet been served and state lawyers have not reviewed the allegations.

Owens' appointment as fire marshal is up. The governor has not yet said if he will reappoint Owens or replace him. Marsella has applied for the fire marshal's job.