SAUGUS — The allegations that led to Superintendent of Schools Erin McMahon’s leave have finally become clear nearly five months into her absence, with an attorney representing the School Committee citing four areas of concern with her performance.
Attorney Howard Greenspan, in a letter sent to McMahon’s attorney Michael Long, said the committee informed McMahon in January that it would be investigating “her administration of grant funds, conflict of interest, billing issues with outside consultants, and the time of days in the district and out of district.”
When presented with the allegations by the committee, McMahon opted to place herself on leave. Long said she was forced to do so to preserve her professional reputation, but her indication that she intended to return to work on June 5 prompted the committee to vote to place her on leave.
While McMahon is on leave she is advised “not to come to the workplace, perform any work, or contact School Committee members or other persons involved in the pending issues unless she is instructed to do so in advance by the chair of the committee,” Greenspan’s letter reads. Greenspan went on to say that failure to meet the requirements “could be considered insubordination and result in action by the School Committee.”
The revelations came to light in an Open Meeting Law complaint filed by Long with the town clerk’s office, a copy of which was obtained by The Daily Item. Long filed the complaint following a School Committee meeting on May 30, apparently to discuss strategy with regard to an arbitration case McMahon initiated, believing the committee violated her contract. But, Long said, the committee discussed McMahon and the allegations against her that day, and its failure to notify her ahead of time represented a violation of the Open Meeting Law.
Long cited Mass. General Law Chapter 30 Section 21A, which dictates that should a public body meet in executive session to “discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual,” it must notify the individual being discussed in writing at least 48 hours prior to the executive session.
The individual also has the right to be present at the executive session with counsel, which was apparently not given to McMahon.
Long, in the complaint, alleged that the committee posted an intentionally misleading meeting agenda, which constituted “sham and subterfuge to prevent Erin McMahon and counsel from attending and defending against the allegations.”
“The illegal meeting was deliberately designed to provide an improper opportunity to discuss the charges against Erin McMahon,” Long wrote. “It is obvious the committee met to discuss the merits of the charges, not the development of a strategy or a position to be presented at the pending arbitration.”
School Committee Chairman Vincent Serino said his committee would not comment on the Open Meeting Law complaint. No members of the committee have commented on McMahon’s status since January.
Long said the committee, in response to the complaint, said it would not be meeting until the end of July and thus needs more time to respond. However, the committee is set to meet this Thursday. Included on Thursday’s agenda is an executive session to discuss the complaint.
The charges against McMahon represent “vague complaints about her performance,” Long said, and the committee has failed to provide McMahon any “updates or detail to specifics, as required by her contract.” He noted that McMahon has fully cooperated with an investigation conducted by Arrowood LLP on behalf of the town. Long has said previously that the investigation into McMahon was referred to Town Manager Scott Crabtree by the committee, despite the fact that Crabtree technically has no legal authority to oversee McMahon.
Long said there is no evidence that the committee voted to delegate the investigation to Crabtree, and that in the absence of such a vote, Crabtree would not have the authority to investigate McMahon.
The complaint calls for the committee’s vote to place McMahon on leave to be invalidated, because of the apparent violation of the law, which would permit McMahon to return to work. If the committee does not reverse its vote, Long said McMahon’s counsel will pursue the matter with the attorney general’s office.
McMahon’s leave was announced on Jan. 19, and came just a week after she proposed a $32.8 million fiscal year 2024 budget for the School Department. In the weeks following, the committee slashed McMahon’s proposed budget to $31.6 million — after at least one meeting with Crabtree — and appointed former Saugus High School Principal Michael Hashem as acting superintendent of schools.
