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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Friday Front Porch: Luxurious Lakefront Property

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — Are you looking for a lakefront estate to spend your days? Then this might be the home for you.

Our Friday Front Porch is a weekly feature spotlighting attractive homes for sale in Berkshire County. This week, we are showcasing 140 Hancock Road.

This house was built in 2015 and has eight bedrooms and seven bathrooms. It is 6,986 square feet on a little over an acre. 

The house sits on Pontoosuc Lake and includes private lake access and a pool with an expansive deck. 

The kitchen is equipped with Wolf and SubZero appliances and there is a full outdoor kitchen as well. The property has three additional separated living quarters, each with a kitchen and its own living room. 

The house also includes a big garage for multiple cars or more.

It is on the market for $4,900,000.

We spoke with Elisha Poirier from Stone House Properties LLC, which has the listing.

What do you think makes this property stand out in the current market?

What truly sets this property apart is the incredible scale combined with its premier lakefront setting. With over 7,400 square feet of space, eight bedrooms, multiple independent living quarters, and extensive garage capacity, it offers a level of versatility that is very rare in the Berkshires. The sweeping views of Pontoosuc Lake and Mount Greylock, along with private lake access, a pool, and exceptional indoor and outdoor entertaining spaces, create a lifestyle that feels more like a private resort than a traditional home.

What was your first impression when you walked into this home?

My first impression was the sense of openness and how immediately your eye is drawn to the water. The layout was clearly designed to highlight the views, and the natural light combined with the scale of the space makes the home feel both grand and welcoming at the same time.

How would you describe the feel or atmosphere of this home?

The atmosphere is both luxurious and relaxed. It has the presence and amenities of a high-end estate, but the lakefront setting and thoughtfully designed living spaces make it feel comfortable and inviting. It's a home that works just as well for quiet mornings by the water as it does for hosting large gatherings.

What kind of buyer do you see this home being perfect for?

This home would be ideal for someone who loves to entertain and host family and friends, or for a multi-generational family looking for both shared space and private living areas. It could also appeal to someone looking for a true retreat in the Berkshires, whether as a primary residence or a luxury getaway.

What would you say to a buyer trying to imagine their life in this space?

It's easy to picture spending your mornings looking out over the lake, afternoons enjoying the pool or taking the boat out from your private dock, and evenings gathered around the outdoor kitchen or fire pit with friends and family. The property is designed so that everyday life feels like a vacation.

What do the current owners love most about this home?

What they love most is the incredible connection to the lake and the views. The property offers privacy while still feeling open to the natural beauty around it. They've also enjoyed the ability to host large gatherings while still offering guests their own comfortable and private spaces.

Are there any standout design features or recent renovations?

Some of the standout features include the chef's kitchen with high-end Wolf and SubZero appliances, multiple private living quarters with their own kitchens and entrances, and expansive outdoor entertaining areas with a built-in kitchen, pool, and fire pit. The home also includes a whole-house audio system, five laundry units, and premium Pella iron-clad windows and doors, all thoughtfully designed with sustainability and efficiency in mind. The property is insulated with spray foam throughout, maximizing energy efficiency while also providing superior protection from the strong winds often experienced on the lake.

You can find out more about this home on its listing here.

*Front Porch Feature brings you an exclusive to some of the houses listed on our real estate page every week. Here we take a bit of a deeper dive into a certain house for sale and ask questions so you don't have to.

 

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