Dalton Assistant Fired Over Letter Secures Unemployment

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — According to an unemployment hearing officer, the letter resulting in the termination of the Select Board's former executive assistant doesn't appear to be confidential. 

Nearly six months ago, the Select Board voted to fire Alyssa Maschino for sharing the anonymous letter addressed to "Dalton Select Board" and to iBerkshires, which was cc'd. 

"There is nothing in the record to support an allegation that the claimant intentionally or deliberately shared the letter so as to cause the employer harm," the state Division of Unemployment Assistance hearing found. "Therefore, it cannot be concluded that the claimant's discharge was attributable to deliberate misconduct in willful disregard of the employer's interest."

The letter-writer had asked it be read out loud at the Jan. 27 Select Board meeting and contained complaints about board members and town officials. 

The board did not read the letter. However, Maschino did share it with iBerkshires.com

iBerkshires did not cover the letter's contents because of its overly broad complaints and lack of signature. The online newspaper does not publish anonymous letters.

During an executive session on Feb. 13, which Maschino requested to have in open session, the board placed her on administrative leave. On Feb. 19 she was discharged for sharing the letter with a reporter.

During the meeting, board members described her actions as a "breach of trust."

"Although the letter was critical of town officials, including the police chief and select board members, the information in the letter does not appear to be 'highly sensitive' or confidential," the DUA hearing officer found.

When asked for comment, the town's attorney, Steven Johnson of KP Law, wrote  "This DUA hearing had nothing to do with the merits of Ms. Maschino's termination from the Town and only pertained to whether Ms. Maschino qualified for unemployment benefits. The Town has no further comment at this time."

The Select Board did hold an executive session on Monday, July 28, on "strategy with respect to litigation" with Maschino regarding the DUA hearing.

The unemployment hearing on July 11, held by phone with Maschino, Johnson and Chair Robert Bishop, found the town did not establish substantial and credible evidence disqualifying Maschino from unemployment.  

Under state law, a person is disqualified from unemployment if there is evidence to show that the claimant left voluntarily, involuntarily for urgent, compelling and necessitous reasons, for deliberate misconduct, or for knowingly violating a reasonable and uniformly enforced policy or rule. 

According to the hearing's findings, the town upheld a policy that mandates confidentiality for highly sensitive information, which is outlined in the executive assistant's job description. 

"The employer did not present a written policy to the hearing. Additionally, because the consequence for violation of the policy is disciplinary action at the discretion of the employer, it cannot be concluded that the policy is uniformly enforced. Therefore, it is concluded the claimant did not knowingly violate a reasonable and uniformly enforced written policy or rule," the hearing document states.

Additionally, an instruction from Bishop regarding whether the letter should be treated as confidential was unclear, the document states. 

Maschino initially sent the letter only to Bishop by email, who later responded by text message with "Send it." Bishop said later that he meant it should be sent to the other board members. 

"Given that the letter was addressed to the Select Board and the local newspaper, it was reasonable for the claimant to interpret the Chair's text message to mean send it to all the listed parties," the hearing officer said. 

"Deliberate misconduct requires the claimant to have intentionally acted or failed to act in disregard of the employer's interest. A mistake, negligence, human error or poor judgment does not rise to the level of misconduct.

"Here, the claimant followed unclear instructions from the chair as she understood them. Although the chair may have intended for the claimant to send the letter to only the select board, his text message, as testified to by both parties, did not make that clear."

Maschino has previously expressed to iBerkshires the possibility of filing a wrongful termination suit. 


Tags: fired,   unemployment,   

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Lanesborough Passes FY 2027 Budget, Warrant Articles

By Breanna SteeleiBerkshires Staff
LANESBOROUGH, Mass. — Town meeting on Tuesday approved an almost $14 million fiscal 2027 budget, and approved bylaws for short-term rentals and signage, and for public safety vehicles. 
 
Of the 20 warrant articles, one, Article 7, to use free cash to pay prior fiscal year bills of $941.27 was indefinitely postponed by Moderator David Rolle because the bills were for the fire association.
 
Some 247 of the town's more than 2,600 registered voters filled Lanesborough Elementary School, debating articles during a meeting that lasted more than three hours. 
 
The town's 2027 spending plan is up more than 10 percent, with the main increases from higher enrollment in the regional schools and the McCann Technical School renovation project.
 
Voters approved the assessment of $7,586,284 for Mount Greylock Regional School. They also approved Article 11, which was the use of $16,298.48 in free cash for the McCann's roof and window replacement project so as not to impact the budget. 
 
Ambulance Director Jen Weber is planning 24-hour coverage, which means more staff and a hike in her budget. Article 5 asked the town to appropriate $234,100 to operate the Ambulance Enterprise Fund for salaries and expenses, which passed.
 
Fire Chief Jeff DeChaine spoke to the audience on his articles and the need for a new truck to replace the 1996 fire truck, listed on the warrant articles for a total $813,366, which includes a $100,000 contingency cost on whether a 2026 model-year chassis can be secured before new emissions standards in 2027. If they get the 2026 chassis, that contingency likely won't be needed.
 
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