Anthony Marsella, who filed a lawsuit against the fire marshal's office, says the firing is retaliation.

09:36 AM EST on Friday, January 27, 2006

BY AMANDA MILKOVITS
Journal Staff Writer

PROVIDENCE -- A deputy fire marshal with an ethics complaint and a lawsuit against former Fire Marshal Irving J. Owens will be fired today from the state fire marshal's office.

Anthony Marsella, who has worked at the office for 14 years, said yesterday that he is being terminated for allegations of "egregrious conduct" and insubordination: speaking critically about Owens and arguing with a deputy chief.

The state police, which is overseeing the state fire marshal's office until Owens' replacement is chosen, declined comment. Maj. Steven O'Donnell confirmed that Marsella will be fired as of 4 p.m. today, but declined comment on the reasons. "We can't discuss it at length because it's personnel issues," O'Donnell said.

Marsella had another idea about the allegations. "I tell you, this is exacting retaliation for my part in the Whistleblower Act," Marsella said. "They don't know the state fire marshal's office is a wreck."

Marsella was referring to a lawsuit that he and coworkers Joseph Barroso and Nicholas Pellegrino filed last year against Owens and two top deputies under the Whistleblower Protection Act. The plaintiffs alleged that they were harassed and threatened at work after Pellegrino reported to the attorney general's office that Owens and Chief Deputy Fire Marshal Richard James altered an investigation report on The Station nightclub fire.

Marsella and Pellegrino had investigated the fire, but their names were removed from the report and Owens' name was added, Marsella said. "That's tampering with evidence," he said.

Marsella said the report was changed back after the complaints, but then he and the other two plaintiffs were harassed by Owens, James and Chief Deputy Fire Marshal R. Michael DiMascolo.

The suit is pending, but Marsella said his ethics complaint against Owens never advanced. Last year, he had accused Owens of using the state seal and fire marshal's emblem on a Web site advocating for Owen's reappointment. It was removed within a day.

The state fire marshal's office had a low public profile until the February 2003 fire at The Station nightclub in West Warwick that killed 100 people. The state's fire code and the way it was enforced, then came under scrutiny. Cities and towns also began to examine their own fire inspections.

Marsella said yesterday that he began enduring harassment after he applied for the state fire marshal's job in 2003.

"I'd had enough," Marsella said. "From what I'd seen of what happened at The Station nightclub fire and the lack of experience from that division put a bad taste in my mouth."

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