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RECEIVED & FILED
MAR 1 2 2012
Trustees of Lunenburg Public Library Meeting
February 9, 2012; 7:00 p.m.
LUNENBURG TOWN
CLERK OFFICE
Attending: Noelle Bodkin, Lisa Krowitz, Richard Mailloux (LPL Trustees Chair), John Mara, Kathy Murray, Jeanne Raboin, Amy
Sadkin (LPL Director), Len Smetana, Marc Terry (Town of Lunenburg Labor Counsel); Sherri Freeman, John Flick (Ms.
Freeman's Attorney), Patricia Dupont (Lunenburg Public Library Assistant Director)
1. Approval of minutes from February 1, 2012: Motion made by Mr. Mara to accept February 1, 2012 minutes, seconded
by Mir. Smetana, passed unanimously.
2. Review of Public Hearing: Regarding potential termination of Lunenburg Public Library employee, Ms. Sherri Freeman.
• Copies of approved February 1, 2012 minutes and Board Secretary's February 1, 2012 notes given to Mr.
process proceeding.
Board of Trustees is the appointing authority for hiring/firing public library employees
(See Town Charter Section 3-72).
• It is up to the Board of Trustees chair to decide whom to hear from during the public
hearing.
• Ms. Sadkin, Lunenburg Public Library Director, and Ms. Sherri Freeman, were witnesses
and provided testimonies; Ms. Patricia Dupont was a witness and provided testimony.
• Mr. Terry and Mr. Flick roles as counselors were to present testimony, provide support
and advise clients (Ms. Freeman and Board).
• Mr. Terry spoke about the December 20, 2011 video. Both counselor's viewed video and
concurred that the evidence was underwhelming. However, Board does have right to
view video, Board declined doing this. Mr. Terry outlined the video's timeline to the
Board.
Mr. Terry outlined proceeding's procedure, including a brief overview of the case's basic
facts by both counselors. Board decides not to pursue this, as these are in the February
1, 2012 minutes.
3. Public Hearing: Regarding potential termination of Lunenburg Public Library employee, Ms. Sherri Freeman.
Ms. Sadkin provided testimony about December 20, 2011, and related information.
b. Mr. Terry questioned Ms. Sackin about events of Dacember 20, 2011, and related information..
c. Mr. Mailloux and Ms. Murray spoke about January 4, 2012 meeting between them and Ms. Sadkin and Ms.
d.
Freeman. This meeting was held at the suggestion of Ms. Speidel, Lunenburg Town Manager.
Mr. Terry entered the following items as evidence: Lunenburg Public Library's Appropriate Use Policy and
Ms. Patricia Dupont's affidavit of February 1, 2012, Ms. Sadkin's December 20, 2011 email to Mr. Mailloux,
copy of January 19, 2012 Personnel Action Letter to Lunenburg board of Trustees and Ms. Freeman's
Statement to Charges of Insubordination to Board.
e.
f.
g
Mr. Flick cross-examined Ms. Sadkin.
Board questioned Ms. Sadkin.
Mr. Flick entered the following evidence: Ms. Freeman's Personnel File, including Performance Reviews
(2007-2010), Requests for Approval of Personnel Action (2008-2011), Notification of Hiring New Personnel
(January 17, 2007) and Employee Performance Appraisal Self-Evaluation (2008-2009), as well as Ms.
Freeman's cell phone call records of December 20, 2011.
h.
i.
Ms. Freeman provided testimony about December 20, 2011, and related information.
Mr. Flick questioned Ms. Freeman.
j.
Mr. Terry cross-examined Ms. Freeman.
k.
Board questioned Ms. Freeman.
1.
Mr. Flick called Ms. Patty Dupont to testify (See also Ms. Dupont's February 1, 2012 Affidavit).
M.
Mr. Terry gave Ms. Sadkin's April 27, 2010 email to Mr. John Mara (then Board of Trustee chair) to Board
and Mr. Flick to review.
(Practice Areas\LA80R\05053\12051\A4207164.DOC)
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Cross-examination of Ms. Sadkin, Ms. Freeman and Ms. Dupont by Mr. Flick, Mir. Terry and Board.
4. Board Deliberation:
a.
Mr. Mailloux reviewed Board's options.
b. Did insubordination occur by Ms. Freeman?
Motion made by Mr. Mailloux and seconded by Ms. Raboin to suspend Ms. Sherri Freeman for five (5)
working days based on the complaint and testimony of February 9, 2012 and directs Ms. Freeman to
participate in a conflict resolution and/or completion of a similar program as identified by the
Lunenburg Public Library Board of Trustees.
The motion was opened for discussion.
Amendment to first motion made by Ms. Krowitz and seconded by Mr. Mara to provide a
written reprimand in lieu of suspension to Ms. Freeman and to place in her personnel file.
Amendment was open to discussion.
Board voted one (1) in favor (Ms. Krowitz) and six (6) opposed (Ms. Bodkin, Mr. Mara, Mr.
Mailloux, Ms. Murray, Ms. Raboin, Mr. Smetana) to this amendment. Amendment denied.
First motion placed back on table for discussion.
Second amendment to first motion made by Ms. Bodkin and seconded by Mr. Mailloux to
suspend Ms. Freeman for two (2) working days based on the complaint and testimony of
February 9, 2012 and directs Ms. Freeman to participate in a conflict resolution and/or
completion of a similar program to be identified by the Lunenburg Public Library Board of
Trustees.
Second amendment was open for discussion.
Board voted one (1) in favor (Ms. Bodkin), five (5) opposed (Mr. Mara, Mr. Mailloux, Ms.
Murray, Ms. Raboin, Mr. Smetana) and one (1) abstention (Ms. Krowitz). Second amendment
First motion placed back on table for discussion.
Board voted five (5) in favor (Mr. Mara, Mr. Mailloux, Ms. Murray, Ms. Raboin, Mr. Smetana), one (1)
against, (Ms. Krowitz) one (1) abstention (Ms. Bodkin). Motion passed.
5. Mr. Terry informs Board that he will draft letter to Ms. Freeman, will circulate to Board, through the Chair, for
comments, with comments to be directed only to Mr. Terry, and then Mr. Mailloux will send to Ms. Freeman.
6. Board will discuss resources for conflict resolution and related programs at February 16, 2012 Board meeting.
7. Mr. Mailloux makes motion, seconded by Mr. Mara to adjourn meeting at 11:44 pm. Motion passed.
Respectfully submitted,
Jeanne Raboin, Secretary
Trustee, Lunenburg Public Library
(Practice Areas\LABOR\05053\12051\A4207164.00C)
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Town of Lunenburg
978-582-4144, FAX 978-582-4148
BOARD OF SELECIMEN
17 Main Street PO Box 185
Innenburg MA 01462-0185
David J. Matthews, Ohairman
Thomas A. Alonzo, Vice-Chairman
Carl "Ernie Sund, Olerk
Steven M. deBettencourt, Mbr.
Panla Bertram, Mbr.
Office Bours •
Mon, Wed, Thu, 8:00 AM - 4:00 PM
Tues, 8:00 AM - 8:80 PM
Fri. 8:00 AM -18:80 PM
Kerry A. Speidel
Town Manager
Laura Williams
Chief Admin, Asst.
2-09-12
February 3, 2012
VIA HAND DELIVERY AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sherri Freeman
P. O. Box 111
338 Northfield Road
Lunenburg, MA 01462
Re: Notice of Intent to Terminate
Dear Sherri:
On behalf of the Board of Library Trustees and consistent with its vote at its February 1,
2012 meeting, at which you were present, I am providing you with this notice of intent to
2012, yo. Tely used an obscene get aard rary Director Aay on Recend r 2used to
follow her directive to leave the library after a heated exchange between the two of you. Such
conduct, if proven, would constitute insubordination and conduct unbecoming your position.
Pursuant to Section 7-9 of the Town Charter, you have the right to request a public
hearing within five (5) days of delivery of this letter. As you, through counsel, stated that you do
wish to have a public hearing and the parties agreed to a date and time for the hearing, February
9, 2012, at 7:00 p.m., you need not take any further action to request a public hearing. Once a
hearing location is determined, you will be advised of that location through your attorney.
At the public hearing, you will be afforded the right to be present, to be represented by
counsel, to offer testimony and present evidence, to cross-examine witnesses, and to respond to
the charges.
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-
Sherri Freeman
February 3, 2011
Page 2
As the Town is represented by counsel in this matter, please have your attorney contact
the Town's attorney if you have any questions.
Very truly yours,
Freidel
Kerry Speidel
Town Manager
co:
Board of Library Trustees
Amy Sadkin, Library Director
Marc L. Terry, Esq., Labor Counsel
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2-9-2012
AFFIDAVIL OF PATRICIA DUPONT
and state as follows:
1, Patricia Dupont, being of legal age and gup personal knowledge, to screby depose
I am an adult individual residing at 51 Glenwood Dr.., Leominster.
2.
I am employed by the Town of Lunenburg as the Assistant Library Director.
On December 20, 2011 the Library was short staffed. Three employees were out
and there was no coverage in the Children or Teen Area. One staff member who called in sick
with laryngitis offered to come to work, but would be unable to run the front desk. She was told
not to come to work. Another staff member called in to offer to come in on a vacation day
knowing other members were out sick. At the time there were only 3 staff members present and
staffing seemed adequate.
4.
Ms. Sadkin was busy in her office leaving 2 staff persons to supervise the entire
library, myself and Sherri Freeman ("Ms. Freeman").
In the afternoon the Library became overwhelmed with a surge of kids.
6.
I asked a group to go outside for repeatedly being loud & running.
I also witnessed Ms. Freeman speak to various groups of kids about their
behavior.
8.
During that time we received three complaints from adult patrons. One patron
stated that she frequents the Groton Library and you would never find this kind of behavior
there. A Teacher from Acton said you couldn't pay her enough to work at the Lunenburg
Library in the afternoon and a third patron stated she would like to write a letter to the Trustees
concerning the library atmosphere.
During this same afternoon 2 middle school girls came to the desk complaining
about boys calling them a "c-n-t'. I told them to speak with Ms. Sadkin. Ms. Sadkin told the
girls to move and sit somewhere else.
10.
As a group of boys were leaving the building that day, I was working the front
desk and they looked at me from the front door and yelled "b--ch".
11.
I did not hear the entire exchange between Ms. Freeman and Ms. Sadkin on the
afternoon of December 20, 2011. However at one point I was working the desk when I heard
Ms. Sadkin say to Ms. Freeman in a very flip tone "Teens have rights to be here" and "it's a
public building". Ms. Freeman responded in a frustrated tone "God Amy". Ms. Freeman did
not raise her voice or act like she was losing her temper. Ms. Sadkin then told Ms. Freeman
"Go home". Ms. Freeman did not refuse to leave the building and I did not see Ms. Freeman
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make any gestures as she left the bürdinks Yuk
Signed under the pains and penalties of perjury this 1" day of February 2012.
Catucia Dupont
Patricia Dupont