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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Pittsfield Committee Recommends Scanlon for City Audit

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass.— After the bid for a new auditing company came back over 30 percent higher, Pittsfield will stick with Scanlon and Associates. 

On Tuesday, the Auditing Services Evaluation Committee voted to advance Scanlon to the City Council for an independent audit.  CliftonLarsonAllen also responded to the bid, but came in costing $120,000 more. 

"I have to go with saving money for the city. I mean, the discrepancy is too much of a difference," committee member Karen Kalinowsky said. 

"The city could have use for that difference over the next three years." 

This process was prompted by Rule 40 of the council rules and the City Charter, where in any year the City Council votes to hold a procurement process for an independent certified public accountant or firm to audit Pittsfield's books and accounts, the city must, through its Finance Committee with the assistance of the purchasing department, solicit requests for proposals or invitations for bids before June 1. 

The council in March recommended that the purchasing agent draft a request for proposals and put it out to bid. 

Ward 1 Councilor Kenneth Warren, who has been vocally in favor of the independent audit for years, said the city doesn't have to follow a bidding process for the professional service, "We are doing this so the public knows that we're being professional, and a looking for other options, looking at what the best options are, and comparing them based on what they can offer and what the cost is." 

Board member Kathy Amuso said both CLA and Scanlon have equitable reviews with high recommendations.  Especially considering the budget crisis Pittsfield is in, she moved to recommend Scanlon to the full council. 

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