Charges of violating a protection from abuse (PFA) order were dropped against former Boothbay Region EMS Chief Daniel Gardner Sept. 15, according to documents from Lincoln County Courthouse. Assistant District Attorney Kent Murdick signed the dismissal, citing insufficient evidence.   

July 2, Gardner was arrested for violation of a PFA against a former romantic partner by Lincoln County sheriff's officers. He was later charged with the dropped Class D offense. The PFA remains in effect until July 15, 2027.   

However, before the arrest, Gardner was dismissed from his job at Boothbay Region Ambulance Service (BRAS). In a July 1 letter, BRAS President Rob Ham informed Gardner the termination was effective immediately, following a decision made in an executive session the day before.   

Prior to termination, Gardner had been on paid administrative leave as of May 23, regarding an incident with Gardner’s former romantic partner, also a BRAS employee; according to documents from Maine Department of Labor, the issues resulted in an internal and criminal investigation. Gardner was later cleared of criminal wrongdoing.      

“I was not given a fair shake,” Gardner said. "I wasn't allowed to talk to the board. They never asked me my input. Nothing. Nothing at all. I've had no write-ups. Never been disciplined. I was given a personnel review, (and) I got a pay raise. And I met with the board once a month. And I saw a majority of them pretty consistently. Nobody ever said anything about what was on that list that they terminated for. Never once.”  

Gardner’s termination letter listed multiple reasons for his firing, but, in a Sept. 8 unemployment appeals hearing, Maine Department of Labor decided in Gardner’s favor. The hearing officer noted BRAS could not provide evidence to support the claims BRAS presented as reasons for termination. The officer concluded Gardiner was "... discharged, but not for misconduct in connection with the employment ..."

Under Maine law, an at-will employee may be terminated for any reason not specifically prohibited by law. According to the state, most employees are at-will unless they are covered by a collective bargaining agreement or other contract that limits termination.  

According to the hearing documents, the issues were brought up through the BRAS internal investigation. Findings from that investigation were not offered for the record, and Gardner said they were not provided to him. 

“It follows that the employer has not proved misconduct connected to the work as defined above. Consequently, regarding the question of whether the claimant was discharged from employment for misconduct connected to the work, the employer has not met its burden of proof,” the decision read.  

The Register reached out Sept. 17 to Ham, who declined to comment on behalf of BRAS, and said it was a human resources matter. He also said BRAS had not received the information from the Department of Labor at the time. According to the Department of Labor documents, BRAS had until Sept. 26 to appeal the decision.

Gardner said he is considering filing a wrongful termination lawsuit and is discussing it with an attorney.