LYNN — A complaint accusing Mayor Judith Flanagan Kennedy of discrimination in connection with her firing of former mayoral aide Gardy Jean-Francois has been dismissed for lack of probable cause.
“The mayor is vindicated,” said city attorney George Markopoulos.
Jean-Francois’ attorney Marcia Kazarosian said the decision did not worry her, although she had yet to see it first-hand.
“I haven’t even read it yet, they did not send it to me ”¦ but from time to time MCAD and I disagree on what’s discrimination,” she said.
Jean-Francois filed a complaint with the Massachusetts Commission Against Discrimination in March 2012, alleging Kennedy discriminated against him based on race and color. On June 21 he amended the complaint to “amplify and clarify his original discrimination allegations.”
His chief complaints were that Kennedy fired him over his decision to run for state representative and that his pay increase was substantially and unfairly lower than that of two of his colleagues. He also complained that upon his dismissal there were three police officers waiting to escort him from the building, something he never saw happen with white employees.
In the complaint, Kennedy pointed out that Jean-Francois’ contract allowed her to terminate him with a seven-day notice at any time. She also said she was concerned that his candidacy would blur the lines between his job and his campaign.
She admitted that she told Jean-Francois that he wouldn’t get her support if he did run and advised him that running against a “much-loved incumbent would be difficult,” referring to longtime Democratic State Rep. Robert F. Fennell, who easily won re-election.
Kennedy defended the raises, noting that Jean-Francois’ colleagues, Jamie Cerulli and Mary Chalmers, had received promotions and the pay increases that put them in line with what Jean-Francois was already making. Jean-Francois also received a pay increase and had an additional expense account, Kennedy stated in the decision.
Police presence was recommended because Kennedy stated that Jean-Francois has a documented temper and that a prior employee deleted thousands of files during his terminations and she didn’t want to take a chance that it would happen again.
MCAD’s finding stated that Kennedy provided non-discriminatory reasons for Jean-Francois’ termination and he failed to rebut her explanations. The decision also clears Kennedy of any “individual liability.”
“A find of Lack of Probable Cause is recommended against the city of Lynn and Judith Flanagan Kennedy for discrimination based on race and color,” reads the decision, which was issued Wednesday.
Markopoulos said Jean-Francois has the right to appeal the dismissal but Kazarosian said she is unsure what direction they will take. She said they could refile the complaint in Superior Court.
“We have a lot of options,” she said. “I’m not sure which we will exercise.”
Chris Stevens can be reached at [email protected].

