New York man sues Town of Tangier over police chief position

TANGIER, Va. – A New York man has filed a federal lawsuit against the Town of Tangier and its town manager alleging he was prevented from taking a job as the island’s police chief despite being offered the position and meeting the stated requirements.

According to court documents obtained by WBOC, Joseph Hayes, of New York, filed the lawsuit in the U.S. District Court for the Eastern District of Virginia in January, naming the Town of Tangier and Town Manager Laurie Thomas as defendants.

In his complaint, Hayes says he applied for the police chief position in 2023 and received a conditional offer of employment on Oct. 19 of that year, which he accepted. The filing states the Tangier Town Council then voted unanimously to approve his hiring and later reaffirmed that decision in a second vote. Hayes says he then resigned from his previous job, relocated, and began working for the town in December of 2023 while awaiting formal swearing-in.

Hayes claims he completed all requirements for the position, including a background check that showed no issues. However, according to the lawsuit, concerns were later raised about his residency status, and his swearing-in was delayed. Hayes alleges those concerns were unfounded and that the town had agreed to provide housing. The complaint further alleges that despite continued approval from the town council, the delays continued for several months.

Hayes says he was never formally sworn in and was ultimately terminated on March 7, 2024, after about 17 weeks of working in an unsworn capacity. In the lawsuit, Hayes alleges breach of contract, violations of due process under federal law, and emotional distress. He is seeking compensatory and punitive damages, along with other relief, and also claims the town benefited from his work during that time without compensation.

The case has not yet moved forward to arguments on the claims themselves. Court filings show Hayes’ attorneys recently asked for more time to formally serve the lawsuit on the Town of Tangier, citing challenges accessing the island. According to those filings, Tangier Island’s ferry service is suspended during part of the year, making in-person service difficult.

“Tangier Island is a remote community in the Chesapeake Bay with extremely limited access,” a memorandum in support of Hayes’ request for a time extension reads. “Regular passenger ferry service operates only seasonally, generally from May through early October. During the winter and spring months (approximately October through May), ferry service is suspended, rendering physical access to the island exceptionally difficult or impossible.”

A federal judge granted Hayes’ request on April 9, giving him an additional 60 days to complete service and allowing for the possibility of alternative methods if necessary. Because service has not yet been completed, the defendants have not formally responded to the lawsuit in court filings, and no hearings have been scheduled.

WBOC has reached out to the Town of Tangier for comment and will update this story as more information becomes available.