Firing of Peabody firefighter upheld

PEABODY – After more than three years, the John Brophy, Jr. saga has finally come to an end for the city of Peabody.Superior Court Justice Richard E. Welch III dismissed the case involving the Peabody fireman fighting to keep his job. Brophy was fired in March 2005 for sleeping through a 911 call that nearly cost the life of an infant.An arbitrator ruled in Brophy’s favor and ordered the city to give him his job back within 30 days. After appealing the ruling twice, Mayor Michael J. Bonfanti and Fire Chief Steven Pasdon lost their case and were forced to put Brophy back on the payroll as of April 13. Two weeks later, he was placed on a 12-day suspension for not adhering to physical fitness requirements and hair follicle drug testing.After still refusing to participate in the testing, the city fired him for what it hoped to be the last time on May 20. On May 22, Newburyport Supreme Court Judge Pat Riley ruled against the city’s decision to fire Brophy and issued a preliminary injunction, forcing the city to keep Brophy in the department. He also ordered Brophy to complete drug testing provided by the city, which he did not do.By the time Brophy reached his status hearing in August, he had still not taken a drug test administered by the city, nor had he completed a physical fitness test. At that time, Assistant City Solicitor Dan Cocuzzo announced that he has served Brophy’s attorney Richard Callahan with two motions: one to dismiss the complaint all together, the other to vacate the injunction.On Sept. 17, both of Cocuzzo’s wishes were granted. City Solicitor John Christopher said Wednesday’s decision was most likely based on grounds of jurisdiction.”The court has power to hear certain matters,” he explained. “In labor cases, they don’t have the power to hear it until the administrative process is completed.”Christopher also said that Brophy’s lack of cooperation and lack of action may have had an impact on Welch’s judgment to uphold the city’s decision to fire him.”It’s our position that he missed the deadlines for filing for a civil service review,” he said.Brophy does have appellate rights, but the chances of overturning Welch’s ruling are almost nil, said Christopher, who has handled over 20 appeal cases himself.”Judge Welch was correct in what he did,” he said.Welch also ordered Brophy to reimburse the city for any costs endured during the process, such as fees for issuing subpoenas and filing complaints, said Christopher.Christopher believes the city to be in a “very comfortable position” and is confident the city would prevail should Brophy attempt to bring the case back into court again.After putting in over 100 hours into the case since May alone, Christopher admits he’s a bit relieved that it’s over.”I think it finally puts an end to a very long ordeal,” he said. “I’m sure everyone at City Hall is glad it’s behind them, and I’m hopeful that the people of Peabody are glad it’s behind them, too.”