Baum files suit against ambulance service

Douglas Baum has filed suit against the Tri-Township Ambulance Service, the Tri-Township Board, and Bonnie Flynn, Donald Edwards and Dan Albrecht claiming he was unlawfully suspended without pay.

The three-count complaint asserts there have been violations of the 14th Amendment equal protection clause of the U.S. Constitution, the anti-retaliation provision of the Michigan Elliot Larsen Civil Rights Act, and tortious interference by defendants Flynn, Albrecht and Edwards.

The complaint was filed by the Mastromarco Firm of Saginaw on June 17, the day before Baum was terminated as a paramedic from the ambulance department. Baum has requested a trial by jury and is suing for an amount in excess of $75,000, for all economic and non-economic damages which occurred to him during his suspension.

Before his termination, Baum had been employed by the ambulance department since 1984 and served as director of the ambulance service for the past 14 years. He is currently Montmorency County sheriff.

The lawsuit claims the actions of the board were in retaliation to two investigations regarding then-Assistant Director Dan Albrecht. Baum first looked into allegations of sexual assault by Albrecht on a female co-worker, according to the suit. Albrecht entered into a deferred prosecution agreement and the case was dismissed in February. Albrecht then resigned as assistant director.

The second investigation regarded an unlawful transfer Albrecht was involved in. Albrecht allegedly sent a basic life support transfer crew on a run that required an advanced life support transfer crew. The transfer was reported to medical control and Albrecht was informed that the issue of whether to take disciplinary action would be reconsidered following the conclusion of the criminal investigation.

The complaint claims that after Albrecht's resignation, Flynn stated they should get rid of the director, and they started a campaign to have the ambulance service director removed, becoming openly hostile toward Baum.

The complaint also states that Edwards was participating in the defamatory conduct as he has a history of making frivolous allegations against Baum. Edwards is running against Baum for sheriff in the upcoming election.

According to the complaint, Baum received a letter in March suspending him without pay. During Baum's suspension the Tri-Township Board hired Albrecht as interim director where he is currently operations manager. The complaint states Albrecht used his newly acquired position to retaliate against Baum.

It also states the allegations against Baum are baseless and all of the defendants know these allegations are without merit.

"When the ambulance board brought allegations against me, I met with them and I showed them where their allegations were unfounded and they continued to feel compelled to attack me regarding these allegations and I feel that most of this is politically motivated," Baum said.

Orlando Blanco, attorney for the Tri-Township Ambulance Service, said none of the members of the board, nor himself, have any personal vendettas against Baum.

Before Baum was terminated, the Tri-Township Ambulance Service board conducted an investigation looking into several allegations against him.

Blanco said Albrecht didn't have anything to do with the decision to terminate Baum as he is not a voting member of the board. He said the board made its decision based on the investigation and that Flynn and Edwards did nothing other than what the other board members did.

Blanco said the board handled the results of the investigation in closed session at Baum's request. Blanco said Baum was aware of the claims the board made and was given several opportunities to respond, which he did in a letter saying the claims the board made were not true. The board considered this in its final decision.

Blanco said when the lawsuit goes to court, the closed session minutes could very well become public.

"Ultimately, those reasons (why Baum was discharged) are going to be well known to everyone," he said.

"It's going to get very ugly, unfortunately, for Mr. Baum," Blanco said.

He also said the lawsuit wasn't unexpected as Baum has been making subtle threats at different venues that he would file a lawsuit. The defendants weren't surprised at was what he decided to do.

Blanco said the defendants have until Aug. 1 to file an answer to the complaint.

Crystal Nelson can be reached via e-mail at cnelson@thealpenanews.com or by phone at 358-5693.