Essex Clerk of Courts defends allegation of poor work attendance

SALEM – Essex County Clerk of Courts and Swampscott resident Tom Driscoll said a local news station’s report on Tuesday that he is “rarely on the job” while collecting a six-figure salary is “inaccurate” and based on testimony from a disgruntled employee who was passed over for a promotion.”Although I was hurt personally by the I-Team’s decision to produce such an inaccurate report, I am extremely proud to say that I did not hire the Trial Court employee who spoke on air during the report,” Driscoll said in a statement Tuesday. “That individual was not only unqualified, but of questionable character.”The WBZ-TV I-Team broadcast a segment Monday night, and repeated on radio through the day Tuesday, reporting the team watched Driscoll on 15 workdays in May and June. During this time, Driscoll did not show up for work on six days; and on six days he put in half days, according to the I-Team. The team reported Driscoll “was rarely on the job at the courthouse,” appearing for 40.5 of the 120 hours the courthouse was open during those days. The I-Team listed Driscoll’s annual salary as $110,000.”Every time he collects a paycheck, he should be arrested for grand larceny,” one court employee, who wished to remain anonymous, told CBS in the report.Driscoll defended himself in the broadcast; saying the station watched him during the one time of year he takes off time to coach lacrosse and raise money for an eye disease afflicting his sons.As for time at Dunkin’ Donuts that the I-Team wrote was the start of “a typical work day” for Driscoll, the clerk said he met often with a group of men who were a “strong support group.”Driscoll defended himself further when reached, at court, Tuesday. He said the story was “unfounded” and sent a page-long statement to The Item on Tuesday responding to the report.”During the month that the I-Team followed me, they failed to report on 50 additional hours that I worked during those days,” Driscoll’s statement read. “The I-Team also admitted to me that they were unaware that I have three offices: in Salem, Lawrence and Newburyport. They did not monitor my coming and going from any office other than Salem.”He further said the specific times he was shown away from the office during the report were on scheduled days and hours that he had notified his staff he would be absent.Driscoll said he has never taken more than six weeks off from work in a calendar year and not taken a full week off at once since his election in 2001. He said assistant clerks and judges within the Trial Court are given more than nine weeks off: six weeks vacation; five days personal time; and 16 days sick time (which may be accumulated from year to year).Driscoll said he provided documentation to the I-Team that he was taking/planning to take three weeks off from April 1 to July 1 and two weeks between July 2 and the end of the year.A spokesperson for the Massachusetts Supreme Judicial Courts said the allegations would be reviewed.”The media report concerning the Essex Superior Court Clerk’s work hours contains serious allegations, which warrant a review by the Trial Court,” Joan Kenney, of the Supreme Judicial Court Public Information Office said.But the I-Team interviewed Pam Wilmot, head of Common Cause of Massachusetts, who told CBS that since Driscoll’s is an elected position, he is accountable only to the voters.Nevertheless, Kenney said that any court clerk is subject to Supreme Judicial Court Rule 3:12, Code of Professional Responsibility for Clerks of the Court.Canon 3 of that rule states that a clerk “shall devote the entire time during normal court hours to the duties of his or her office.” Listed exceptions include law-related educational and public-service activities, and activities “reasonably related to his or her duties.”Driscoll said in his statement that the Essex County Superior Court “is one of the most efficient courts in the Commonwealth,” and “regularly is near the top statistically in every category used to eval