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Fire investigator sues state, fire marshal after promotion denial

Senior Investigator Mark Roberts says Maine Fire Marshal Joseph Thomas repeatedly passed him over for promotion after Roberts advocated for legislation.

AUGUSTA, Maine — A senior investigator for the state fire marshal's office is suing the state of Maine and the fire marshal himself, alleging he was denied a promotion three times after advocating for legislation that would use half of a $2 million budget surplus to allow investigators to retire sooner.

The Bangor Daily News reports that 42-year-old Mark Roberts said his freedom of speech was violated and that the state violated Maine’s Whistleblower Protection Act.

Roberts testified in 2019 that fire investigators’ duties expose them to cancer-causing chemicals, so they should be able to retire after 20 years on the job instead of 25.

Roberts alleges his boss, state fire marshal Joseph Thomas, didn't promote him three times in retaliation.

In a complaint filed in U.S. District Court, Roberts alleges Thomas spoke with a tone "of hostility" after the testimony.

Subsequently, according to the suit, Roberts was not promoted on three occasions. In one instance, he was told he wasn't promoted because he didn't live in the district, but the investigator who was promoted also lived outside the district, he alleges.

The suit alleges violation of the Maine Whistleblower's Act and Roberts' right to free speech.

The Maine attorney general's office said Monday it had no comment on the case.

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