By Beth David, Editor
After the two female employees in the Fairhaven Health Department filed complaints against Board of Health chairperson Peter DeTerra, the town commissioned Clifford & Kenney, LLP to conduct an investigation. The resulting report by Jaime Kenney paints a picture of a hostile work environment created by Mr. DeTerra, who denies nearly all of the accusations in the complaints and has innocent explanations for others.
The report, which is stamped “Confidential report prepared for atty. P. Beauregard,” was released to the press by Attorney Philip Beauregard, who represents all three health department employees. In his letter from 8/4/20 that was included with the report, Mr. Beauregard states that he does not consider the report to be confidential.
“There is good reason why this report should be made public,” he writes. “As this concerns the public interest and the public trust in the Board of Health.”
The report was commissioned after Fairhaven Health Agent Mary Freire-Kellogg and Administrative Assistant Amanda Blais both filed formal complaints last October (2019) with the town alleging that Mr. DeTerra singled them out because they are women and harassed them by constantly acting as though they were being dishonest.
He allegedly would go to the office and “stare” and “glare” at them, check over their shoulders as they worked, and constantly called the office looking for Ms. Freire-Kellogg, who frequently works in the field. The behavior is described as “creepy” and “unnerving.”
On one occasion he went through the drawers on Ms. Blais’s desk and removed his signature stamp. Other allegations include threatening behavior such as pounding his fists on the table during meetings and outside of meetings, behavior that was described as “frightening.”
In the report, Ms. Kenney outlines 53 incidents that she investigated with interviews and document/video reviews. In most of them, Mr. DeTerra denies the behavior, and in many of those, the investigator deems the complainants as being more credible.
None of the behavior was reported as being done to the male member of the department, Daniel Shea, the part time food inspector.
The allegations against Mr. DeTerra include asking and insisting upon knowing where Ms. Blais was during off hours, because, said Mr. DeTerra, he believed that she was in the town owned vehicle with Mr. Shea. The two have a romantic relationship that is mentioned in the report. Mr. DeTerra accused Ms. Blais of lying about being in the car.
In a follow-up interview, Ms. Blais said that Mr. DeTerra knew about the relationship before hiring Mr. Shea and had no problem with it at the time. She said in the particular incident about the car, she suggested pulling the surveillance footage from the Council on Aging building, but then the matter was dropped and she thought it was over, until it came up again.
The recommendations at the end of the report include that Mr. DeTerra receive training regarding unlawful discrimination and harassment; and that he receive counseling on “professionalism and civility;” that he be banned from the BOH office, and space be made for him in the Board of Appeals office, since he is a member of that board, too.
“This investigator further notes that each witness in the instant investigation communicated his/her belief that Mr. DeTerra does not seem to perceive women to be equal to men,” reads the report. “This is reflected in Mr. DeTerra’s conduct towards the female employees of the Board of Health.”
Mr. DeTerra, in a phone interview, said the report was biased, that he did everything that was recommended of him, including the counseling. He denied that he has any bias against women. And he agreed to answer any and all questions.
He defended his behavior, saying he did not stare or glare at anyone when he was in the office. He said he only went to the office to do necessary work, but he has complied and has not been going to the office.
As for the signature stamp, he alleges that the office employees were using it improperly, that it should only be used if he cannot be reached to sign something.
He admitted to pounding his fist in frustration over a litany of slights and abuses he said he suffered when he was not chairperson.
Mr. DeTerra said that the counselor suggested all parties meet together to iron it out, but Town Administrator Mark Rees needed to set that up and never did.
Mr. Rees said that he believed that meeting was supposed to happen but then “COVID 19 blew up.”
He said that offer is still on the table.
As for the substance of the allegations, Mr. Rees said he would not comment, and the report never should have been given to the press. It is a public document, he said, “However under the terms of our anti harassment policy, all this is supposed to be confidential.”
Mr. DeTerra echoed the sentiment.
“This was a little internal investigation for us to clear the air and to get it over,” said Mr. DeTerra. “But it never got over with because they never did their side. We have to do it all together.”
Ms. Freire-Kellogg said that Mr. DeTerra has done a good job of trying to “stifle” everybody in meetings so employees do not get their say. She said Mr. DeTerra abides by the rules for a short time, but then does not.
“It’s like being a battered spouse,” said Ms. Freire-Kellogg. “He beats the shit out of you and gives you a black eye, then he behaves long enough for the black eye to heal, then he’s back at it.”
As of now, Ms. Freire-Kellogg is on paid administrative leave, although they gave no reason (see page 12); Ms. Blais has resigned; and Mr. Shea said in a phone interview that he is unsure of his status.
Mr. Shea said he was at Scramblers conducting a follow-up inspection after a complaint was lodged with the state. Ms. Freire-Kellogg had done the initial inspection, and Mr. Shea followed up after she was placed on leave. The owner of Scramblers angrily kicked Mr. Shea out of the restaurant. He was ordered back to the office and asked not to return. He has not been able to get on the agenda of a BOH meeting to discuss his fate.
“I’m not quitting,” said Mr. Shea. “If I leave, it’s going to be because they fired me.”
He added that he and Ms. Freire-Kellogg both take the “health and safety of Fairhaven very seriously.”
So, as of now, the new interim Health Agent, Sarah Dupont, who graduated from college with a Master’s in Public Health in May, is the only person working in the department.
Mr. Shea said he worries that COVID-19 tracking and other measures are being neglected because Ms. Dupont is not seasoned or trained to properly handle the situation. Mr. Shea has a Master’s in Public Health and his specialty is epidemiology. He is an Associate Professor & Program Coordinator at Cape Cod Community College.
Ms. Blais said she reached out to town officials and got no response or inadequate response; to her union, where she was rebuffed; and finally decided to resign, and hired Mr. Beauregard.
“Peter’s problem is he always thinks we’re hiding something. I’ve always been honest with him,” said Ms. Blais.
“How can you straighten things out if they don’t do nothing. I agreed to everything they said, everything, and they still came after me,” said Mr. DeTerra. “I don’t know how this escalated to this point. It’s a mess.”
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