For over eight years I have had the honor and privilege of serving the seniors of Dedham as their outreach social worker and director. That honor and privilege ended Jan. 26, when I was officially dismissed as the Director of the Dedham Council on Aging by the Town Administrator William Keegan for allegedly violating the Massachusetts Conflict of Interest Law.
On May 18, 2009 I hired my son, Nicholas, to conduct senior strength training classes for the Council on Aging members. His hire served as a solution to a problem until Eileen Smith returned in the fall. The exercise program was attended by over 80 senior students, all of who received numerous health benefits as a result of such training. Prior to the hire of Nicholas I tried to secure the services of two other trainers, Lisa Cadigan and Steve Schavet, both of whom could not provide the days and times requested. The fact that Nicholas was my son was never a secret; he was hired with the approval of several, if not all, Council on Aging board members; and it was agreed from the onset that Nicholas was a temporary replacement until Eileen Smith returned to resume her classes.
I did not know that hiring my son was against the law. With so many immediate family members working for the town, and receiving prior approval from several board members for Nicholas’ hire, I truly thought it was a common practice and completely acceptable. It wasn’t until Dec. 2, 2009 (seven months later), when the town administrator and the assistant town administrator called me to a meeting and told me that I had violated the Conflict of Interest law. When I told the town administrator that I did not know I had violated any law, he asked me where I had been for the past 10 years. The fact is, prior to eight years ago I had only worked solely in the private sector, where the Conflict of Interest Law was not an issue. The truth is I would never knowingly put a job that I love at risk, not to mention losing the many relationships that I have developed over the past eight years with my senior friends.
During the above-mentioned meeting I told the town administrator and assistant town administrator that I would call the State Ethics Commission as soon as I returned to my office. They both said (almost at the same time), “That’s not something that we have to do at the moment.”
I did call the State Ethics Commission the following day (Dec. 3, 2009) and spoke to a senior investigator name Kathy Gallant. I explained everything to her and she said, based on what I told her, that if the commission were to receive a complaint against me I would be contacted by an investigator and a confidential interview would be conducted, either by mail or telephone; probably resulting in my receiving a “letter of education,” and a recommendation that I sign a “disclosure of interest” document.
The town administrator would have you believe that the Conflict of Interest Law is “common” knowledge. I would ask, if it is common knowledge than why does the state Ethics Commission feel the need to have mandatory training for all state, county, and municipal employees? The following was written (in part) by MMA Senior Legislative Analyst Matthew G. Feher, and printed Sept. 22, 2009: “Conflict-of-interest law provisions contained in the recently passed ethics reform act are due to take effect on September 29, 2009. The new provisions include a requirement that all municipal officials participate in training on the conflict-of-interest law (Ch. 268A). The state Ethics Commission has communicated directly with all cities and towns to provide information regarding the changes and the responsibilities of local governments.”
If you are interested in learning more about this reform act please refer to the state Ethics Commission Web site. At this time I wish to thank the town administrator and the assistant town administrator for referring me to the state Ethics Web site during our meeting on Dec. 2, 2009.
The town administrator continues to insist that the director and not board members have the authority to hire staff, he also insist that the director and not board members implement and manage the programs. Well, if that is true than why does the chairperson of the board interview the job applicant prior to my final approval of hire? And why in December 2008 when the senior exercise program was being held at the Parks and Recreation SMA site, within two weeks of the classes being held at that location, certain board members found out, went to the town administrator, the town administrator called me to a meeting and insisted that I find another site, other than the SMA site, to run the senior exercise program.
The town administrator would have you believe that there is more to my dismissal than the Conflict of Interest charge. Prior to my hearing date on Jan. 8, 2010, I requested a “public” hearing. Affording the town administrator the opportunity to present it publicly and ending it right there. My request was denied. He would then have you believe that he denied my request out of his need to protect me. Thank you for your concern but please don’t worry about me.
On Dec. 14, 2009 the Town Administrator presented me with a five-page “Notice of Possible Disciplinary Action” document. In part, the document stated 4 firm directives, one of which stated, “You will not discuss this matter with anyone, including Council on Aging patrons. You do have the right to discuss it with your legal representative if you so choose.” The town administrator then felt the need to follow that document with another two-page document dated Dec. 15, 2009, stating in part, “I wrote that I have reiterated in my directive in the notice, that in making a decision on discipline, I will be taking into consideration your failure to obey my directive.” Through threats and intimidation the town administrator forced my silence.
On or about Jan. 12, 2010, the town’s attorney presented me with an ultimatum, either I sign a release stating that I will not discuss this matter with anyone, I will give up all rights to any subsequent legal action and if I don’t agree the town will fire me, block my unemployment benefits, and put a letter of discipline in my personnel file. On the other hand, if I sign the document, the town will allow me to resign, not contest my unemployment benefits and give me a letter of reference for future employment. I refused to sign the document because protecting my character, my reputation, and my integrity is far more valuable to me. I will file for unemployment benefits and hope that the law will protect my interests.
When I accepted the position as director, I truly believed that I was hired by the town to serve the seniors. The director’s job description states in part definition: “Administrative, professional, supervisory, and managerial work initiating, developing and conducting programs that provide human and social services to town’s elder citizens;” duties and responsibilities, “develop, supervise and conduct social, educational, recreational, and health programs for senior citizens.”
Each year in writing my annual town report for the Council on Aging, I begin with what I and my staff believe is our purpose. “The purpose of the Council on Aging is to provide information in areas that will encourage and promote independence, dignity, participation and involvement in the community. The Council on Aging, through the Senior Drop-In Center, offers the opportunity for Dedham seniors to enjoy a higher quality of life by providing educational, recreational, and social activities. The three core responsibilities of the Council on Aging are:
1) to identify the needs of older people along with the available resources of the community.
2) to educate the community at large to the challenges of aging and the necessary tools to overcome those challenges. 3) to design, promote, and implement services and programs to better serve the older population. A primary goal of the Council on Aging is to assist older adults in maintaining an independent and fulfilling life by helping them remain in their homes for as long as possible. This goal is achieved by offering a wide variety of services designed to inform, educate, involve, protect, and improve the quality of life for the older adult in Dedham.”
All I ever intended to do was to make certain that the senior’s exercise program was not interrupted in Eileen’s absence. I simply asked my son, as a favor to me, to help me continue an exercise program that so many of my seniors benefited from. How did something that was intended to benefit the seniors and be in their best interest turn out so horribly wrong?
I know I served my seniors well, especially after receiving the many calls of support.
Will I miss not working for a Town Administrator that I neither respect nor trust ? ... absolutely not.
Will I miss not serving the seniors of Dedham? .... absolutely… with all my heart.
