By Beth David, Editor
Fairhaven Health Agent Mary Freire-Kellogg met remotely with the Board of Health on July 16 with her attorney Philip Beauregard, and announced that she will take a medical leave until at least August 16, due to stress caused by her “personnel interactions” with the BOH chairperson Peter DeTerra.
The item “Personnel Matter Board of Health/Health Agent” appeared on the agenda under open session and under executive session.
Mr. DeTerra asked Ms. Freire-Kellogg if she wanted to address the issue in open session. After clarifying which medical letter they would be discussing, Ms. Freire-Kellogg said she wanted it discussed in open session and wanted her attorney to join in
“But you want us to discuss medical issues in open session?” asked Mr. DeTerra.
“Listen, it’s already been discussed in open session three times,” answered Ms. Freire-Kellogg.
“About your medical issues? We haven’t discussed that,” said Mr. DeTerra.
“Yes, you have it’s been discussed three times already,” said Ms. Freire-Kellogg.
Mr. Beauregard noted that there were two pieces of correspondence from doctors. One discussed Ms. Freire-Kellogg’s diagnosis of leukemia; the other was a form that her doctor used, checking off that he wanted Ms. Freire-Kellogg not to go into work until at least August 17.
“And it’s Mary’s intent to follow the medical advice and take leave because of that illness,” said Mr. Beauregard.
At first, Mr. DeTerra and board member Michael Ristuccia both said they did not have the form. Mr. Ristuccia suggested ending the conversation, but Ms. Freire-Kellogg emailed the letter to them during the meeting.
“I think that it would be appropriate to not discuss anything this evening, and get the letter and then just act accordingly,” said Mr. Ristuccia.
Mr. Beauregard clarified that it was just a form.
“so it’s not any more detailed than his office form where he’s advising her to stay away from work until the seventeenth,” said Mr. Beauregard.
“Quite honestly I had asked the chairperson to put this on the agenda for today,” said Mr. Ristuccia. “I was concerned for a good employee and …and the fact that she’s off now until the 17th of August for medical reasons is fine with me. If that’s what she needs to do, that’s what she needs to do. I would certainly, certainly not question her for listening to what the doctor has advised her to do. I think that’s appropriate and i think I’m going to request of the chairperson that this matter not be discussed anymore this evening.”
Mr. Beauregard, pressed however, saying he appreciated the thought, but the letter that the BOH send to Ms. Freire-Kellogg alerting her to the agenda item for that night referenced, “not just her health, but referred to personnel issues.”
“Are there any personnel issues that the board needs to address that do not directly relate to her health?” asked Mr. Beauregard.
Mr. Ristuccia said “no.”
Mr. Beauregard said he wanted to mention “for the record” that there is a “record of concerns, complaints, that Mary has made known.”
He said the problem has been over the last couple of years.
Mr. Beauregard told the board that Ms. Freire-Kellogg’s leukemia is “inactive,” but can become active and that she is “particularly subject to complications when there is stress,” according to her doctor and her psychotherapist.
He said he wanted them to know what they were dealing with and what might come up in future conversations.
“We’re going to need to be evaluating the issues that come out of that which include what is an ongoing situation that would entitle her to workers compensation,” said Mr. Beauregard, adding that aside from all the other issues, Ms. Freire-Kellogg would like to continue her employment with the town.
“Mary is extremely dedicated to her view of what her job should be and how she does it,” said Mr. Beauregard. “And there’s nothing that she would like better than to continue in her employment with the town of Fairhaven.”
He said he has known her for more than 20 years, and worked with her when she was in the New Bedford health office.
“And she was very highly regarded there,” said Mr. Beauregard.
He said if there is any way Ms. Freire-Kellogg can continue her job without jeopardizing her health, it is “ precisely what she wants to do.”
“But there’s going to have to be a serious discussion on personnel interactions, and in particular, and I’m not telling tales out of school, I’m not making any judgements, but it has to do with due respect with the chairman of the board and with the…type of management there’s been in the past and issues that really strike some legal issues that arise out of that,” said Mr. Beauregard, adding that the question is if she can be “accommodated in an appropriate way going forward with the town.”
Mr. Ristuccia suggested that Ms. Freire-Kellogg work from home during the COVID-19 crisis. He said he wanted that so she would not be “out and about,” would receive her full pay. He said he felt it was the right thing to do for a “good employee.”
Mr. Beauregard called that a “positive suggestion,” but noted that the problem had nothing to do with COVID-19.
“The problem, and I say this in anticipation of what will be said later, it has more to do with the personal interactions and the manner in which her work situation is addressed,” said Mr. Beauregard, adding that they are not strangers to the fact that Ms. Freire-Kellogg has filed complaints with the Selectboard that have been “considered by Town Counsel.”
“And without getting into detail about those and not to be argumentative, but that’s at the heart of what we’re going to be discussing, or attempting to discuss with you as a board in the days and weeks ahead,” said Mr. Beauregard.
Mr. Ristuccia said that was not the matter right then to discuss.
“I think we all understand exactly what we’re all saying here,” said Mr. Ristuccia. “And I don’t have anything more to talk about on the matter.”
Mr. Beauregard said he would be communicating with the board before her leave is over, “just to spell out what these concerns are and see what can be done to accommodate the situation.”
On Monday, 7/20, Mr. Ristuccia introduced Sarah Dupont as the interim Health Agent. She has a Master’s in Public Health from UMassAmherst.
The job was not posted and there were no meetings between 7/16/20 and 7/20/20 when they would have had a chance to discuss the hire in open session or in executive session.
But Town Administrator Mark Rees said, in a phone interview, that because it is an emergency, the BOH is allowed to bypass the regular channels for hiring. She is not, however, officially hired. That must be done in an open meeting.
Mr. Ristuccia, in a phone interview said he took it upon himself to contact several universities with public health programs and asked them to post it. Several people contacted him, he said, and he chose Ms. Dupont as the most qualified. She grew up in Fairhaven, he said, and still lives in town.
He said he hired her on his own authority, and because he cannot talk to Mr. DeTerra outside of a meeting without violating the Open Meeting Law, he did not tell him directly, but spoke to Mr. Rees.
“I just hired her,” said Mr. Ristuccia. “I knew we needed somebody. I told her to go to work.”
He added that she understands that if they “don’t like her” she will not get the job. He said the board was going to have an emergency meeting this week, but then the town hall closed (see page 3), so he was not sure when that would happen.
“We didn’t have a health agent,” said Mr. Ristuccia. “During COVID, I didn’t think it was sensible to go one minute without one.”
Attempts to reach Mr. DeTerra were unsuccessful due to apparent issues with his cell phone.
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