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Robert Mcnamara v. City of Nashua

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Before Boudin, Selya and Stahl,Circuit Judges.

BOUDIN, Circuit Judge. This is an appeal by Robert McNamara seeking review of a decision that granted summary judgment dismissing as time-barred his complaint against the City of Nashua, New Hampshire (“the City”)–a complaint based on what he claims to be inadequate pension payments. The story began a decade ago with McNamara’s suspension without pay from the City’s Fire Department on August 25, 2000, following an investigation into charges of sexual harassment. After a hearing, McNamara was discharged on October 18, 2000; he subsequently filed a grievance over that discharge which he settled with the City on March 29, 2001.

The stipulated settlement pertinently provided that the harassment allegations would be purged from McNamara’s file but he could not re-enter any fire station without prior approval; that he would be allowed to resign as of February 4, 2001; and that he would “be made whole, up and [sic] to and including February 4, 2001,” but that any claims for overtime pay since June 2000 were waived. The City and the Board of Fire Commissioners also agreed to “coordinate . . . activities with Mr. McNamara in order to preserve his rights with the New Hampshire Retirement System and any other benefit he is entitled to under contract, law or by any other source.”

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