Fired VBT Fire Chief Darwin Loyer gets $75,000 settlement

By Rosemary K. Otzman
Independent Editor
The Van Buren Township Board of Trustees approved a settlement of $75,000 to settle the employment discrimination and Whistleblower law suit brought in Wayne County Circuit Court by former Fire Chief Darwin Loyer.
The Settlement Agreement signed April 15 specifies that of the $75,000 total the township’s insurance carrier, Michigan Municipal Risk Management Authority, would write one check of $31,730.80 to Furton Camps, PLLC, the law firm representing Loyer, and another check to Loyer for $43,269.20.
The Settlement Agreement was provided to the Independent on May 6, after an April 17 Freedom of Information Act request. The Clerk’s office extended the required time to respond (5 days) by another 10 days because it said the agreement was not complete and ready for distribution.
The parties agreed the settlement is a compromise of a disputed claim and that payment made and conditions stated are “not to be construed as an admission of liability on the part of any of the parties being released by whom all liability is expressly denied.”
The agreement states Loyer understands that $1,000 of the total payment is consideration for the release of claims covered by the ADEA (Age Discrimination in Employment Act) and OWBPA (Older Workers Benefit Protection Act).
Loyer agrees not to sue or otherwise file any claim regarding any of the issues raised in the complaint and/or during the course of this lawsuit.
After he was fired, Loyer filed a law suit against former township Supervisor Paul White, former township Director of Public Safety Carl McClanahan, and the township.
The employment discrimination law suit alleges violation of Michigan law, including but not limited to the Michigan Whistleblowers Protection Act.
The suit alleges that Loyer “was hired as fire chief of VBT because of his long and distinguished career as a firefighter. He had previously been qualified, through tests and interviews as a Fire Fighter and Fire Officer.”
Loyer’s suit alleges that it was Supervisor White who discharged him because of Loyer’s complaints of illegalities, violations of law and safety regulations.
Loyer also alleges that McClanahan and the Board of Trustees were also aware of Loyer’s complaints of illegalities at a fire scene.
The suit continues: “…Mr. Loyer also made complaints of illegalities concerning Anthony Karver’s disregard of legal and fire safety code regulations” and “That the illegalities were dangerous and could have caused loss of life and limb of the firefighters working for the department as well as citizens.”
The suit claims Loyer reported these illegalities to a public body and after doing so was summarily discharged.
“One reason for his discharge was his report of these illegalities,” the suit claims, and, “That the discharge violates the Michigan Whistleblower’s Protection Act.”
Loyer claimed that his discharge has caused and will continue to cause him great damages, including but not limited to lost wages, past and future; emotional distress and other non-economic damages; humiliation, anger, disappointment, and upset; as well as attorney fees.”
He was asking for an amount in excess of $25,000, exclusive of costs, interest, and attorney fees, and specifically requested an award on attorney fees.
The above law suit was acquired by the Independent through an earlier Freedom of Information Act request.
According to Wayne County court internet records, the township’s attorney Carlito H. Young was defending the township, White and McClanahan.
The VBT board held a closed-door session on Loyer on June 19, following public release of an official complaint by Karver against Loyer and an ensuing investigation by McClanahan of the incident.
Loyer left township employment on June 21 and Dan Besson took over the job as interim fire chief. Besson was sworn in as permanent fire chief on Aug. 21.
Reportedly Loyer was offered a settlement for leaving township employment if he would sign a promise not to sue the township. He did not sign.
On Feb. 1, Loyer’s attorney filed a motion to extend the time line in the suit which was granted. The case evaluation was then set for July 29 and settlement conference for Sept. 9.
The April 15 settlement ends the suit.