Ruling sought in Clancy-Buzzy feud

LYNN – The city of Lynn is seeking a summary judgment today in Federal Court in Boston in the discrimination lawsuit that retired firefighter Gordon “Buzzy” Barton filed against Mayor Edward J. Clancy Jr.The suit, filed in May 2007, seeks compensatory damages, damages for emotional distress and punitive damages against Clancy, who the suit alleges violated both state and federal civil rights laws, as well as common law, during a series of run-ins with Barton dating back to 2000.The dispute heated up after Barton was appointed as the permanent English High boys basketball coach, despite Clancy’s concerns that Barton receives an accidental disability retirement pension from the city. The disability pension stems from Barton suffering an on-the-job back injury.Clancy first publicly expressed his opposition to Barton coaching in a November 2006 letter to English High Principal Andy Fila, who had named Barton interim coach against Clancy’s wishes. That two-page letter questioned Fila’s fitness for making policy decisions and all but called for his resignation.Fila then issued his own two-page letter to Clancy, alleging that Clancy was letting his personal feelings for Barton cloud his professional actions.Those letters were then followed by a third letter from Clancy in May 2007 chastising Superintendent of Schools Nicholas Kostan for approving Barton’s appointment and requesting Kostan provide him with documentation as to how he and English principal Andrew Fila reached their decision to hire Barton.But the legal complaint alleges the dispute began long before Barton, who is black, became a candidate for the coaching job.It accuses Clancy of retaliating against Barton for speaking out while he was president of the Lynn Fire Fighters Union from 2000-2004 and since his retirement about issues of race discrimination in the city and unsafe staffing levels in the Lynn Fire Department.Among the actions, the complaint alleges, Clancy failed to let Barton remain as a Parks Commissioner after 10 years of service, didn’t reappoint Barton’s sister Patricia to her position as Housing Authority Chairman, made disparaging remarks about Barton’s ability to coach, investigated Barton’s tax payments to the city and requested disability and other information from the Lynn Retirement Board regarding Barton’s disability retirement status. The complaint alleges those actions by Clancy were taken “in an effort to discredit, retaliate against and otherwise intimidate (Barton).”Assistant City Solicitor James Lamanna said while Clancy does not have hiring or firing authority, he does have the right to his own opinion.”Clancy’s main concern was that if (Barton) were to injure himself or aggravate a pre-existing injury, the city could seriously hinder its finances,” he said. “This is clearly a matter of a difference in opinions.”Officials at the Federal Court in Boston will review affidavits, depositions, and transcripts from the case to determine an outcome.If a resolution is not reached, the case could go to trial Sept. 30.