Jean Perry, Neighb News Correspondent
Within 24 hours of her interview for the Fairhaven town administrator position, Finance Director/Treasurer/ Collector and Interim Town Administrator Wendy Graves had an attorney deliver a cease and desist order to Selectboard member Bob Espindola, which ultimately resulted in her interview for the TA position on February 23 being tabled for another day.
Inside documents that Mr. Espindola’s wife, Ann Espindola, posted to the Facebook Group “Hometown Fairhaven” as the meeting was in progress was a 2/22 formal legal notice to cease and desist alleged defamatory remarks that Ms. Graves claims Mr. Espindola made against her.
In the letter to Mr. Espindola from Attorney Ernest Horn, Ms. Graves accuses Mr. Espindola of “a series of unwarranted and defamatory attacks… namely that she has mismanaged town funds and is involved in racketeering.”
In Mr. Espindola’s 2/22 email forwarding Ms. Graves’s allegations to Town Counsel Thomas Crotty and John Beauregard from Sylvia Group, the town’s insurance provider, Mr. Espindola wrote, “I have absolutely no idea what she is referring to…” Nonetheless, he wrote, “I believe you both need to see these documents.”
Mr. Espindola sent that email at 5:35 p.m. the night before, about one hour before the board was scheduled to meet Monday (See story on page 4). What ensued at the Monday meeting, was an ambiguous and rather contentious conversation among board members that Selectboard Chairperson Daniel Freitas did not want to continue. Mr. Espindola attempted to read something into the record, but Mr. Freitas did not allow it.
Mr. Crotty responded to Mr. Espindola in a 2/23 email finding that, despite Ms. Graves’s actions, Mr. Espindola could still attend Ms. Graves’s interview and participate in the vote to appoint the next TA because Mr. Espindola does not have a financial interest to create a conflict of interest.
As a result, Mr. Espindola submitted a “disclosure of the appearance of a conflict of interest” form which states, “I would always be completely objective and vote to do what is in the best interest of the Town of Fairhaven. I will not allow these allegations against me to influence my ability to do what is in the best interest of the people in the Town of Fairhaven that I was elected to represent.”
During the 2/23 meeting, Mr. Freitas said, “I had a long discussion this afternoon with … [Mr. Crotty] and after speaking with him on this, I’m going to ask that this [Ms. Graves’s interview] be passed over and that we schedule this interview for another date and time.”
Mr. Freitas asked for a motion to table the interview along with the agenda items calling for a vote to appoint a TA and then enter into an executive session for TA contract negotiations. There was no specific mention of Ms. Graves’s cease and desist order.
Mr. Freitas said that after the meeting he would meet with Mr. Crotty and the town’s hiring consultant, Bernie Lynch from Community Paradigm Associates, to ask questions about “hiring or not hiring or whatever we’re going to do at that point.”
Mr. Espindola made that motion, seconded by Selectboard member Keith Silvia, but Mr. Espindola sought confirmation from Mr. Freitas that “any actual outcome will come before our board before it progresses, right?”
Mr. Espindola continued, “I’m not sure what’s going to come out of that meeting, but before any further action is taken on this process… from where we are right now, it will come back before our board, correct?”
“…The information that I gather … will definitely be shared with the board and you guys will know exactly what is going on,” Mr. Freitas said.
In the cease and desist order letter, Atty. Horn writes, “If you do not comply with this cease and desist demand… [Ms. Graves] has asked me to communicate to you that she will pursue all available legal remedies, including seeking monetary damages and an order that you could pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable. Any further remarks made by you will be deemed harassment and grounds for a restraining order against you.”
In Mr. Crotty’s response to Mr. Espindola explaining his legal opinion, he wrote, “You have told me that you have made no statements that suggest Wendy Graves has mismanaged town funds, or is involved in racketeering.”
Mr. Crotty continues, “…The letters from Attorney Horn do not suggest that a lawsuit will be brought if you participate in the interview of Wendy Graves, or if you participate in the vote on the appointment of a permanent town administrator. The letter threatens litigation only if you make defamatory statements suggesting mismanagement of town funds or involvement in racketeering.”
Mr. Crotty also wrote that, as a Selectboard member, Mr. Espindola is covered under the Town’s insurance in such matters.
The letter from the attorney also instructs Mr. Espindola not to publish or post the letter “in any manner,” and threatens if he does it will “subject you to further causes of action.”
Mr. Crotty, however, in his letter to Mr. Espindola, advises him to file a disclosure document and to include the letter in the filing. Mr. Crotty also advises Mr. Espindola to “make that disclosure publicly at a meeting before participating in an interview with Wendy Graves or in a vote on the appointment of a permanent town administrator.”*
Earlier in the meeting, the board voted to approve an amendment to the purchase agreement with Stratford Group for the Oxford School property. As Mr. Crotty explained, the town intended to seek subdivision approval from the Planning Board to create a separate town-owned parcel for the abutting old Fire Station #3 but was overlooked along the way. The board did face some opposition from resident Ann Richard who asked to review Stratford’s change in the roofline design, but after some discussion, Mr. Freitas said, “I think all these (questions) have been answered in the last discussion we had…”
*The document is available on our website.
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Click here to download the entire 2/25/21 issue: 02-25-21 BaskRibbonCut
Click here to download Mr. Espindola’s disclosure: 02-23-21 EspindolaDisclosure
