How to Report Retaliation by a Building Commissioner?

Question from Bacon, How to Report Retaliation by a Building Commissioner?

Answer from AI:

What You Can Do When You Suspect Retaliation by a Building Commissioner

If you believe the town building commissioner is retaliating against you for filing a complaint about a roof inspection that did not meet code, you have several avenues to pursue an investigation and protect your rights.

1. Gather and Preserve Evidence

• Create a detailed timeline of every interaction with the commissioner, the BOCC, the contractor, and any inspectors. Note dates, times, who was present, and what was said.
• Collect all relevant documents such as:
  • The original complaint you filed with the BOCC.
  • Inspection reports, permits, and the final inspection certificate.
  • The affidavit you received for the Harassment Prevention Order (HPO).
  • Any emails, letters, or text messages exchanged with the commissioner or town staff.
• Make copies and store them securely (both digital and hard‑copy). This record will be essential for any internal or external investigation.

2. Report the Issue Internally

Agency / Office	What to Contact	Why
Board of County Commissioners (BOCC)	The BOCC that received your original complaint.	They already know about the alleged code violation and can be asked to review whether the commissioner’s actions constitute retaliation.
Town Ethics or Inspector General Office	Look for a “Code of Ethics” or “Ethics Commission” on the town’s website.	Many municipalities have an ethics board that investigates misconduct by elected or appointed officials.
Town Administrator or Select Board	The chief administrative officer or the elected board that oversees the commissioner.	They can order an internal audit of the permit and inspection process and may suspend the commissioner pending investigation.

When you contact these bodies, provide a concise written summary of the facts, attach copies of key documents, and request a formal investigation into possible retaliation and abuse of authority.

3. File a Complaint with State‑Level Oversight

• State Office of the Attorney General (Consumer Protection or Civil Rights Division). Most states allow citizens to file complaints about public‑official misconduct. The AG’s office can open a civil rights or consumer‑protection investigation if the retaliation appears to violate state anti‑retaliation statutes.
• State Ethics Commission (if your state has one). For example, Massachusetts has the Office of the State Ethics Commission that handles complaints against municipal officials.

4. Consider a Federal or State Civil Rights Claim

If the retaliation is linked to a protected activity—such as filing a complaint about a safety violation—you may have a claim under 42 U.S.C. § 1983 (for violations of constitutional rights) or under state anti‑retaliation statutes. This typically requires filing a lawsuit, so you should:

• Consult an attorney experienced in municipal law, civil rights, or construction‑law disputes.
• Discuss whether you have standing, the likelihood of success, and the potential remedies (e.g., injunction, damages, attorney’s fees).

5. Respond to the Harassment Prevention Order (HPO)

• Do not ignore the affidavit. Even if you believe the allegations are false, the court will require a response.
• File a written answer within the time frame indicated in the paperwork, denying the allegations and attaching any supporting evidence.
• Request a hearing where you can present your side and challenge the credibility of the commissioner’s statements.

6. Useful Resources

• National Association of State Legislatures – Government Ethics – a guide to state ethics statutes and complaint procedures.
• USA.gov – Local Government – information on how to locate your town’s ethics board, attorney general’s office, and other oversight agencies.

7. When to Seek Professional Legal Help

Because retaliation claims can involve complex procedural rules, potential criminal contempt, and civil‑rights litigation, it is advisable to consult a licensed attorney as soon as possible. An attorney can help you:

• Draft and file the appropriate complaints.
• Navigate the HPO process and protect your due‑process rights.
• Evaluate the strength of any civil‑rights or tort claims against the commissioner or the town.

Taking these steps will create a clear record, engage the proper oversight bodies, and give you the best chance of having the alleged retaliation investigated and remedied.