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Ex-DPW director sues N. Smithfield

01:00 AM EST on Friday, November 10, 2006

By John Hill

Journal Staff Writer

NORTH SMITHFIELD — Former town public works director Philip M. Kaczorowski is suing the town, saying that his dismissal in June last year violated the charter, state law and subjected him to physical and emotional distress.

Kaczorowski had been head of the town’s public works department for 15 years. Last year, as it confronted an administrator’s proposed budget increase of 11 percent and a Budget Committee jump of 7.4 percent, the Town Council voted 3 to 2 to reduce the town budget by eliminating Kaczorowski’s position and its approximately $65,000 in salary and benefit costs.

Kaczorowski has never comment publicly on the council’s decision.

The lawsuit argues that the council’s decision was in effect a dismissal and charges that the council terminated Kaczorowski without just cause, in violation of the charter and other laws.

Kaczorowski had been reappointed to a two-year term after every election cycle since 1989, the suit states. Before he lost his job last year, his most recent two-year appointment as public works chief had been in 2004 by Town Administrator Robert B. Lowe, with the confirmation of the Town Council.

Kaczorowski’s job loss “was in violation of the Town Charter and code or ordinances,” the suit states, and it further charged that Kaczorowski was denied his right to due process because he was not given an opportunity to contest the decision or defend himself.

The suit also asserts that Kaczorowski had a contract with the town under the state’s civil rights act and that the town’s action was discriminatory because “it is plaintiff’s information and belief that one or more of the defendants would not have terminated plaintiff had he been substantially younger and/or been a woman.” Kaczorowski was 54 in June 2005.

The suit names Lowe, town Finance Director Jill Gemma and the three Town Council members who voted to eliminate the position, Linda B. Thibault, Edward F. Yazbak and Paul J. Zwolenski as defendants (council President David A. Lovett and member Melissa Flaherty had opposed the proposal. They were not named in the suit). The lawsuit seeks unspecific compensatory and punitive damages of at least $10,000, as well as lawyer fees and court costs.

Kaczorowski is represented by Providence lawyer Stephen J. Angell. Angell declined comment, saying the suit explained his client’s positions.

Lowe said he was not surprised by the suit and declined specific comment until the town’s lawyers had reviewed it. He said the council vote to eliminate the public works director position was “a shock” to him. He had been opposed to cutting the job at the time and had convinced the council to wait a night to see whether he could come up with an acceptable alternative. That effort failed.

Lowe said the decision to eliminate the public works job had nothing to do with Kaczorowski personally or his job performance.

“They just did that for budget reasons,” he said.