SAUGUS — The School Committee allegedly reneged on an agreement it had reached with Superintendent of Schools Erin McMahon, according to an attorney representing her, and now appears poised to dismiss the district’s first female superintendent after she has spent more than nine months on paid administrative leave.
The committee on Tuesday posted a pair of meeting agendas for executive sessions, one Wednesday evening and another Thursday afternoon, in which they are set to discuss the status of the acting superintendent, Michael Hashem, as well as “admin planning” and to “discuss the discipline or dismissal of Superintendent Erin McMahon.” The apparent movement on the superintendent’s status follows comments made by committee members earlier this month praising the work Hashem has done during his tenure thus far.
Attorney Michael Long, the longtime general counsel to the Massachusetts Association of School Superintendents, said an agreement had been reached that satisfied both McMahon and all five members of the committee after what he described as “several weeks” of negotiations and efforts to resolve McMahon’s status. Then, last Friday, about 10 days after the verbal agreement, the terms of which Long did not immediately specify, McMahon’s attorneys received a new oral proposal with terms never agreed upon by McMahon and the committee.
Long alleged that those new terms were the product of input from the town, and specifically Town Manager Scott Crabtree, who Long has repeatedly alleged has essentially overseen the investigation into McMahon.
“The town’s new terms reneged on the previously agreed principles of settlement and were clearly intended to derail the constructive conversation with the committee, which led to common ground,” Long said.
Crabtree, in a statement, accused McMahon and Long of using the press to “politicize an employment matter that is strictly between her and the School Committee.” And, Crabtree confirmed that an investigation into McMahon’s conduct had been completed, which the School Committee could opt to release.
“The town does not nor will not discuss employment matters publicly because to do so is highly inappropriate, unprofessional, and non-productive,” he said.
A written document containing the new proposed terms of the agreement was provided to McMahon’s attorneys midday Monday, and Long said responses were sent to the town the same evening. On Tuesday, Long said, McMahon’s attorneys were told the proposed edits, which restored the terms previously agreed upon, were rejected. It was then, he said, that the committee posted the agenda in which it intends to discuss McMahon’s dismissal.
“While the town manager has no legal role in these proceedings, I fear the committee has been and will continue to acquiesce to his interference, as it has done in the past relative to the so called ‘independent investigation’ — conducted by a law firm the town has repeatedly hired to represent its interests over the years,” Long said, noting the role of Arrowood LLP in the investigation.
A public records request sent to the town by The Item in August seeking the amount of money paid to Arrowood to conduct the investigation was never answered, despite a ruling from the attorney general’s office ordering the town to do so.
And, Long noted that the town charter does not give the town manager any powers over the superintendent or the responsibility of overseeing the School Committee or its actions.
Indeed, Article 2, Section 13 of Saugus’ charter dictates that “the town manager shall supervise and direct the administration of all departments, commissions, boards, and offices, except … the School Committee” and “the town manager shall appoint upon merit and fitness alone, and, subject to the provisions of chapter thirty-one of the General Laws where applicable, may remove, all officers and employees of the town, except employees of the school department.”
But, the charter does empower the town manager with the “authority to prosecute, defend and, compromise all litigation to which the town is a party, and to employ special counsel to assist the town counsel whenever in his judgment it may be necessary.”
Town Counsel John Vasapolli said the charter empowers the town manager’s office to represent Saugus in any situation where litigation may be a possibility. Only the town manager can release the town from claims, he said.
Though the School Department has authority over its employees, it is ultimately subject to the oversight of the town, just like the Police or Fire departments, Vasapolli said.
“Hypothetically if you had any employee who had potential claims against the town, they could only be compromised by the town manager,” Vasapolli said. “If it’s an action against the town, as well as the department, the manager would have to be part of that.”
The School Department would not “have the authority to release the town from any claims,” he said.
It remains unclear what exactly the specific allegations brought against McMahon were that initiated her leave in January. Attorney Howard Greenspan, in a letter sent to 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.” Long has said those allegations amount to nothing more than “vague complaints about her performance.”
Long said “there are open questions as to why … the agreement between the superintendent and the five members of the committee was hijacked,” and alleged the dismissal meeting was posted for 4:30 p.m. on Thursday to minimize the opportunity for public attendance.
“When Superintendent McMahon was hired, the Saugus schools were mired in the bottom 10% of districts in the state,” Long said. “She was told the community wanted to improve the educational program and outcomes for students. For how much longer will Saugus parents permit adults to shortchange their kids?”
