Get the full story:Dedham files appeal on state ruling to reappoint Parks Department worker
Oct. 12, 1999 – Michael Maher starts working as a special motor equipment operator/laborer for Dedham’s Parks Department.
October 1999 –The American Federation of State, County and Municipal Employees, Council 93 union files a grievance on behalf of unit member Joseph DeVirgilio protesting the town’s failure to appoint him to the position Maher received.
May 16, 2000 – After the union submits a grievance to arbitration, it is heard on this date by arbitrator Robert Canavan. Shortly thereafter Canavan issues an award stating the town violated the parties’ 1997-2000 contract when it didn’t pick DeVirgilio for the job.
July 24, 2000 – Parks and Recreation Director Anthony Mucciaccio Jr. issues a letter to Maher stating he would be relieved from his job, but would remain on the payroll for 5-6 weeks, giving him time to find a job elsewhere.
Aug. 24, 2000 – The union files a grievance on behalf of Maher stating he was improperly dismissed. This grievance is denied and not submitted to arbitration. Maher then seeks a private attorney. Maher meets with then-Town Administrator William Griffin and Mucciaccio to resolve the issue of employment and to see if there is money to create a fourth position. He is told there isn’t.
2000 – The union splits its bargaining unit into two separate barging units: one for DPW employees, and one for Parks Department employees.
Summer 2003 – The town appoints Wayne Marchese as a full-time special motor equipment operator for the Parks Department. Parks and Recreation Commission member James Maher, Michael Maher’s uncle, questions the appointment of Marchese. James Maher asks Town Administrator William Keegan why the town didn’t advertise the job. He says Michael Maher should be able to exercise his recall rights and get the job. Keegan reviews James Maher’s complaint and the Canavan award, determining that the town had not laid off Michael Maher and that he wasn’t entitled to recall rights.
September 2003 – James Maher asks a town counsel and the state Ethics Commission if he could participate in any decisions regarding the appointment of his nephew, Michael Maher. It is determined that there is no conflict of interest, as Michael Maher isn’t an immediate family member.
2003 – It is determined that the town fairly appointed Marchese to a full-time position because he was already working more than 40 hours a week in his two part-time positions. There is no further discussion.
Summer 2005 – The town posts an opening for a special motor equipment operator in the Parks Department. Seven people apply, including Maher.
Aug. 29, 2005 – Ron Garlick is hired as a special motor equipment operator.
Sept. 8, 2005 – The union files a grievance and protests the town not hiring Michael Maher. Mucciaccio notifies Keegan about the grievance, and seeks legal counsel through the town.
Sept. 9, 2005 – Mucciaccio denies the grievance, which then goes before the Parks and Recreation Commission.
Sept. 19, 2005 – The Parks and Recreation Commission considers the grievance and votes 3 to 2 to uphold it, with James Maher providing the deciding vote.
Sept. 21, 2005 – Keegan learns of the vote and contacts Parks and Recreation Commission Chairperson Mary Sugrue, urging her commission to reconsider its upholding of the grievance.
Sept. 26, 2005 – A second meeting of the Parks and Recreation Commission is held to discuss the grievance. The board again votes, 3 to 2, to affirm the grievance.
October 2005 – Keegan refuses to abide by the commission’s vote and says that the union can take the matter to arbitration. The town does not hire Michael Maher as a special motor equipment operator.
