Former Keene fire chief asks court to shift part of case to city

Three former firefighters say Farquhar created a hostile climate in the department through inappropriate remarks, threats and retaliation.

A Monday hearing at the Cheshire County Courthouse in Keene centered on whether former Fire Chief Donald Farquhar should remain a defendant on most of the claims brought by three former firefighters, or whether much of that responsibility belongs to the city instead.

Farquhar’s lawyer asked the judge to remove eight of the 11 counts against him in the civil case, arguing that many of the accusations cannot legally be pinned on him because he was not the firefighters’ employer. Attorneys for former Capt. Steven Dumont Sr., former Capt. Michael Abbott and former Lt. Christopher Staples argued in response that the complaint ties Farquhar directly to the core allegations, including what they described as a long-running effort to target the men and later spread damaging statements even after he left city employment.

The lawsuit, filed in Cheshire County Superior Court in July 2024, names the city, City Manager Elizabeth Ferland and Farquhar. It accuses them of wrongful termination, gender and age discrimination, retaliation, defamation, emotional distress and other wrongdoing. The claims followed a separate settlement and arbitration process that resulted in the city paying Dumont more than $300,000.

Judge Anne Edwards used the hearing to question both sides, including a claim from Farquhar’s attorney, Debra Mayotte, that the allegations do not amount to the kind of conduct needed to show actual malice or similar intent. Edwards pointed to one allegation that Farquhar threatened to kill  local business owner Toby Tousley, saying that even if the threat was not aimed at the plaintiffs, it still could have affected their workplace.

According to court filings, the former firefighters say Farquhar created a hostile climate in the department through inappropriate remarks, threats and retaliation against people he believed were opposed to him. The complaint also accuses him of failing to follow accepted standards during emergency scenes and building inspections, while showing favoritism in those inspections. It further says Ferland knew about the behavior and did nothing.

Ferland, the city and Farquhar have all denied the claims. The three former firefighters are seeking monetary damages.

Farquhar became chief in April 2022 and resigned in April 2024 after an outside investigation for the city found evidence of improper conduct. Staples resigned in February 2023, Dumont was fired in January 2024 after consulting his personal attorney about conditions at the station, and Abbott retired in June 2024 after Farquhar’s departure. The three together had about 60 years of fire service experience.

The judge did not rule Monday on Farquhar’s request to dismiss the counts.