Pittsfield Denies Wrongdoing in Police Officer's Lawsuit

By Andy McKeeveriBerkshires Staff
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PITTSFIELD, Mass. — City officials deny any wrongdoing in Police Department hiring practices and vow to "vigorously" defend themselves against a lawsuit filed in federal court.
 
Sgt. Mark Lenihan filed a lawsuit in April in federal court accusing the city — specifically Mayor Daniel Bianchi, Police Chief Michael Wynn, and Police Capt. David Granger — of bypassing him for promotions multiple times in an act of retaliation.
 
His story reached the public on the weekend and then on Tuesday the city publicly denied the accusations.
 
"The city denies the allegations made by Mr. Lenihan and the city will be vigorously defending this action," reads a press released written by Wynn and authorized for release by  Bianchi.
 
Lenihan was bypassed for a lieutenant position twice after he voiced disagreement with the prior hiring process, according to court documents, despite having the top score on the exam. Lenihan claims Granger offered another candidate opportunities for more specialized training in exchange for favorable background checks on his and Bianchi's son.
 
According to Lenihan's complaint, the 28-year veteran of the force objected to Granger being involved in the interviewing and hiring for an entry-level position. The objection was that both Granger's and Bianchi's sons were candidates and therefore the two should not haven been involved in the hiring process. 
 
Granger's son's name rose to the top of the list, according to the complaint, because he has a "veteran's status," despite officers being unaware of any military service. Additionally, Lenihan says Granger's son had two "negative encounters" with police but never faced arrested because of his relationship to the captain. The incidents allegedly never tallied into assessments performed by Sgt. Michael Maddalena, whom Granger picked to run background checks on the candidates.
 
Maddalena later provided positive reports on Bianchi and Granger's sons and "in exchange," Lenihan contends that Maddalena was given additional training opportunities to pad his resume for a promotion.
 
The city has a counter story on the details surrounding the entry-level candidates.
 
The city denies that the two sons were candidates for the department. Bianchi's son, Matthew, didn't score high enough on the state provided list to be a candidate nor did he sign a list indicating he'd accept a position in Pittsfield, according to city officials. Granger's son, David Granger Jr., did score high enough to appear on the list but also did not sign the form indicating he'd accept a Pittsfield position.
 
 The city says the veteran status was an error committed by the state's Civil Service system and not that of the city. City officials say when the department saw the mistake, the personnel and the human resources division alerted Civil Service of the error. The city says Granger never claimed to be a veteran on his application and Civil Service fixed the mistake. 
 
Lenihan's complaint also says that at the same time, he had met with Bianchi to discuss officer morale, particularly caused by Granger. Lenihan's suit accuses Granger of overseeing an anti-crime and anti-gang units and giving preferential treatment. Those units are paid through overtime in which Granger "handpicked" the members, causing those officers to be "economically dependent" on the captain. Lenihan was outspoken about that, too, saying it caused dissent among the officers and was illegal because that practice didn't conform to collective bargaining contracts.
 
Lenihan stated he was the only officer to pass Civil Service captain's exam and was also the highest scoring on the lieutenant's examine. Maddalena scored lower than Lenihan and when a lieutenant's position opened in August 2014, Lenihan says Granger offered Maddalena numerous training seminars.
 
After interviews with Wynn and Bianchi, Maddalena was then offered the position.
 
The city, however, says the hiring and promotions are done in accordance with the Civil Service system. The state's system allows for candidates with higher test scores to be bypassed based on criteria. That includes disciplinary record (Lenihan reportedly was suspended three times), specialized training, leadership experience, specialized service, education, and interview performance.
 
 Lenihan said he started to experience "migraine headaches, elevated heart rate" and nausea related to stress caused by being bypassed for the job. He then filed for "injured on duty" but was denied the time off. 
 
 In October, Lenihan again applied for a lieutenant position and again the position was given to someone else.
 
Lenihan is asking for judgment, interest and attorney's fees on five counts outlined in his complaint. Magistrate Judge Katherine A. Robertson has scheduled a status conference for Feb. 10, 2016, in the Hampshire Courtroom in U.S. Court in Springfield.
 
Editor's note: Two separate articles previously published have been combined here and updated. 

Lenihan vs City of Pittsfield

City of Pittsfield Release Regarding Lenihan Lawsuit


Tags: lawsuit,   US Court,   

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Elder Services Celebrates More Than 50 Years While Navigating Federal Challenges

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — Elder Services of Berkshire County celebrated 52 years at its annual meeting Friday.

Guests gathered at the Country Club of Pittsfield to honor service members and hear about healthy aging in the county from keynote speaker Beth Dugan, a gerontology professor at the Manning College of Nursing and Health Sciences at University of Massachusetts at Boston.

Executive Director Chris McLaughlin welcomed everyone and recognized community partners and board members. He said the agency is supported by 135 employees and 260 active volunteers who help bring the nonprofit's mission to life.

"As the Aging Services Access Point and Area Agency on Aging for our 32 communities, Elder Services is the trusted resource for older adults and their caregivers, supporting their desire to remain at home safely," he said. "Whether it's a referral to a community resource or to one of our many programs, it's our job to meet people during some of life's most challenging times and to help them find solutions that enable them to remain independent," he said.

McLaughlin said he thought back on last year's meeting where they worried about cuts in federal funding and programs associated with the Trump administration's dismantling of the Administration for Community Living that never materialized. While that did not affect them he raised concern about Medicaid changes expected to take effect in January, including projected reductions in federal funding to Massachusetts and loss of Medicaid eligibility for some consumers because of the implementation of Trump's "Big Beautiful Bill."

"These changes will remove $3.5 billion in federal funding for Massachusetts and Medicaid eligibility for many, including some of our consumers, with disastrous consequences," he said.

Another challenge for the agency was a cap put in place on their enrollment for their home care program.

"Our state Home Care program, our agency's largest program, deploys homemakers, home health aides, and companions to the homes of Berkshire older adults and continues to grow at unprecedented levels," McLaughlin said. "The implementation of a cap on the number of Enhanced Community Options Program consumers we can enroll has basically cut in half the number of individuals we can service in this program. These individuals qualify clinically for nursing home level of care. This cap will remain in effect for the near future." 

But they are still looking up for the future.

"We understand more than ever before that in 2027 there will be changes designed to limit state spending for older adults and this will be compounded by even more older adults becoming eligible for our services. We look forward to learning more about how the Rural Health Transformation Program will benefit older adults in Berkshire County. We are of course worried about how MassHealth changes will impact our consumers and whether the Commonwealth will reduce our funding to support those who will lose Medicaid eligibility," McLaughlin said.

"Despite these challenges we remain optimistic about the future and will respond to them as we always do,  with purpose and resilience." 

The nonprofit also highlighted its successes through the Hospital Liaison Program that works with local hospitals to help older adults return home rather than enter a nursing home. Although its original funding had ended, Berkshire Medical Center secured a grant expected to support the program for another 30 months.

Volunteers also helped more than 4,000 Berkshire residents make Medicare and other health-insurance decisions. One volunteer helped a woman undergoing chemotherapy qualify for assistance with co-pays and find grants to address an outstanding bill and was able to complete her treatments without the added stress.

The lunch also awarded Elder Services employees. Lauren Larison, Laura Sexton, Jillian Tatro, Christine Barcus, Lisa Jamros, Nichole Pervere, Janet Richardson, Fred Minkle Jr., Karen Decker, Larry Belanger, Diane Cote, and Mary Moran were recognized for five years with Elder Services. Linda Gilardi, Judith Desjardins, and Sara Dastoli were recognized for 15 years with the agency and Bill Marsh and Deb Aldrich-Jegtvig were celebrating 30 years of service. 

The meeting included a change in the board with new President Kalee Carmel taking over for Barry Kriesberg, while recognizing Teresa Caldwell on her term ending.

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