Keating has past troubles in file

MARBLEHEAD – Police Sgt. Marion Keating, a former EMT who became the town’s first woman police officer in November 1977, and the town’s first woman superior officer in April 1999, has filed her second discrimination complaint against the town.That complaint was filed Jan. 23 against Police Chief Robert Picariello, who demoted her from head of the detective bureau to patrol supervisor. Keating wants to be restored to her former position – she served in the detective bureau from 1990-2007 – and is also seeking financial reparations.Although she retained her rank of sergeant and will continue to earn a sergeant’s base pay, $55,700 in 2006, her patrol overtime and detail money may not match the $21,600 in additional earnings she posted that year.Selectmen unanimously denied Keating’s grievance, refusing to return her to the detective bureau.In his remarks Monday evening Keating’s lawyer, Attorney David Belfort, called her a 31-year officer who has received no disciplinary action in the past 20 years. Newspaper clippings in The Item’s files indicate that Keating’s last disciplinary problem may have ended 25 years ago after she filed her first MCAD complaint.Picariello stated during Monday’s hearing that her previous disciplinary record had nothing to do with his decision to demote her.The first was filed in August 1983, when the former Marion Conrad faced a difficult period in her life and her career. She charged former Police Chief John B. Palmer, who was promoted to chief in 1982, with harassment of her since 1977. Palmer suspended her three times for tardiness. Selectmen suspended her a fourth time at his urging.At the time the MCAD complaint was filed, Chief Palmer had told Conrad (Keating) that he was seeking to suspend her for “a long term” for abusing sick leave.Her complaint countered that, since she was hired, Palmer, her supervisor on the 1-9 a.m. shift, required her to bring in a doctor’s note if she was out sick, constantly threatened her with charges and tried to get her suspended for absenteeism, asked to discuss her case with her doctors, asked her to see a doctor of his choosing, tried to interfere with her personal life and had reports written on her when she was late.With news of the 1983 MCAD complaint in the newspapers and a lawyer at Keating’s side, the selectmen’s motion to suspend her failed on a 2-2 vote.In 1982 Keating was praised for undercover work in a two-year Newburyport drug investigation while at the same time adjusting to life and parenting during and after a divorce, a situation complicated by health problems. She told selectmen at a previous disciplinary hearing Dec. 1, 1982, that she had a thyroid condition and medical disorder compounded by her “inability to juggle both a personal and professional life.” Selectmen voted to suspend her for six days for tardiness. Their vote was necessary because the chief wanted to suspend her for more than five days.Chief Palmer told selectmen that evening that Keating had a record of excessive tardiness. The most recent was an October day when Keating said she was late to work because of tourist traffic in Salem.”My view was she should have gone out of her way to get to work on time,” Palmer said at the time.Seven months later the MCAD ruled “no probable cause” on Keating’s complaint, stating only that they had fully investigated Keating’s charges and Palmer’s rebuttal. Keating could have filed an appeal but did not choose to do so.