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The former general manager of the Marblehead Municipal Light Department has filed a civil complaint and jury demand in Essex Superior Court seeking more than $320,000 in damages, alleging that members of the department's board of commissioners terminated him without cause and in violation of his employment contract, and that age discrimination played a role in their decision to replace him with a younger successor.
Joseph T. Kowalik Jr., 72 at the time of his termination, filed the lawsuit on Feb. 25 against four commissioners — Jean-Jacques Yarmoff, Simon David Frechette, Matthew Harrington and Adam Smith — in their capacities as members of the MMLD Board of Commissioners.
The lawsuit raises questions about the governance of Marblehead's publicly owned electric utility and the treatment of a longtime public servant who, according to the filing, had led the department since 2018 and had signed a contract running through April 2026 — a contract the complaint alleges did not authorize the board to dismiss him without cause. Town payroll records published by the Independent in January showed Kowalik was the highest-paid municipal employee in Marblehead in fiscal 2025, earning $403,989 in total compensation — more than $120,000 above the next highest earner.
When the Marblehead Independent reached out for comment from the Light Department, Yarmoff, who serves as chair, said, "I have been made aware that a civil action has been filed against the Light Department by the previous general manager in Superior Court."
At the commission’s Tuesday meeting, Yarmoff said he had not spoken with counsel yet.
According to the complaint, Kowalik first served as an elected member of the MMLD board from September 2014 through November 2017. On April 6, 2018, he entered into his first employment agreement as general manager, a role he held through a second five-year contract signed on June 8, 2021, that was set to run through April 7, 2026.
The filing alleges that in November 2024, Yarmoff presented slides to the board examining general manager successions at other Massachusetts municipal light departments, which the complaint characterizes as evidence that the board was already evaluating a leadership change. On Nov. 25, 2024, Yarmoff emailed Kowalik about a contract extension, and Kowalik responded on Dec. 8, 2024, seeking a four-year renewal.
At a Jan. 21, 2025, executive session, the complaint alleges, Yarmoff discussed Kowalik's health and physical limitations rather than any performance-related concerns when explaining his opposition to renewing the contract. A footnote in the filing states that one commissioner, Michael A. Hull, opposed the nonrenewal in part because Hull stated concerns that the decision was being driven by Kowalik's age.
On April 15, 2025, the parties signed what the complaint calls "Amendment #3," in which Kowalik agreed to remain as general manager through the end of his contract and assist with the transition to a new leader. In exchange, the complaint alleges, the MMLD agreed to pay Kowalik a $150,000 retention bonus by April 30, 2026, and up to $50,000 in performance-based bonuses. The filing asserts that the amendment did not authorize early termination without cause.
Just 14 days after that agreement was signed, the complaint alleges, the board met to discuss posting the general manager position and interviewing Jonathan W. Blair for the role. On May 2, 2025, the MMLD posted the job listing. Kowalik applied on May 24, according to the filing.
On Sept. 9, 2025, the board voted to terminate Kowalik effective Sept. 28 and to hire Blair, the complaint states. A termination letter dated Sept. 25, 2025, signed by Frechette as vice chair, was delivered to Kowalik. The complaint alleges the letter did not cite "just cause" or "gross misconduct" as the basis for his dismissal.
The filing states that Blair received a five-year contract with an annual base salary of $216,000 — approximately $8,700 more than Kowalik’s salary at the time.
The complaint raises four counts:
— Count I — breach of contract: The employment agreements did not permit termination without cause.
— Count II — declaratory relief: Kowalik is entitled to the $150,000 retention bonus, performance bonuses, approximately $85,000 in unpaid sick leave and approximately $35,000 in reduced lifetime pension payments.
— Count III — breach of the implied covenant of good faith and fair dealing: The MMLD's conduct destroyed or injured Kowalik's contractual rights under both employment agreements.
— Count IV — age discrimination under Massachusetts General Laws Chapter 151B, Section 4(1B): Kowalik was replaced by a substantially younger person despite his qualifications and satisfactory job performance.
Kowalik is represented by Seth H. Hochbaum and Shylah N. Luna of RS Law LLP in Wakefield. The plaintiff demands a trial by jury on all counts.
The case is listed as pending with no judge yet assigned. Deadlines in the court record show the defendants' answer is due by June 25, and discovery must close by Dec. 22. All allegations described in this article are drawn from Kowalik's complaint and have not been proven in court.
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