Somerville librarians who say they quit over the return of a co-worker have blamed the employees’ union and Mayor’s Office for allowing the situation, and supporters have followed. But the union is now also pointing to City Hall as the cause.
Concerns over the return of the employee are shared by the Somerville Municipal Employees Association, but it is out of union hands, president Ed Halloran said.
“The decision to discipline an employee and the severity of that discipline is solely the city’s. The SMEA has no legal ability to issue discipline or to determine what level of discipline is imposed,” Halloran said in a statement to city councilors on Dec. 9.
That’s three days after reporting from Cambridge Day outlining alleged workplace misbehavior by a West Branch Library staffer. That person, who has been with the city for more than 20 years, was returned Dec. 6 to the branch at 40 College Ave. near Davis Square. He was away on an eight-month paid leave during an investigation followed by a 20-day unpaid suspension.
His co-workers were told Nov. 6 that he would be back, just two days after a notice from director of human resources Anne Gill saying investigators of the staffer had found “sufficient evidence of violation/s under the City’s Equal Opportunity Policy.”
Two librarians and at least one other co-worker not involved in the investigation resigned upon news the worker would be back.
Library staff have spoken about sexual harassment and verbal abuse, years of aggressive outbursts, unprofessional behavior and unwanted physical advances. Residents have complained as well, commenting about trying to avoid a specific employee.
Confusion over decision
Following coverage by Cambridge Day and later The Boston Globe, there was widespread confusion how the determination was reached. In comments on a public Somerville Facebook page, where workplace complaints were originally aired by librarian Natalie Cheevers, residents called on Mayor Katjana Ballantyne to explain.
“The punishment doesn’t match the crime,” said resident Andrew Sessa, who urged city councilors to act so he could feel comfortable bringing his children to the branch.
The union too has been pressing the Mayor’s Office for clarity. “The association is seeking the investigative report so that it can fairly evaluate the information developed by the city and the conclusions it reached,” its Dec. 9 letter says.
Alan McDonald, legal counsel for the union, said the city has not yet provided the report and that the union continues to press for it.
The city cannot confirm information requests for personnel matters, spokesperson Denise Taylor said, but has “always and will continue to provide documents and information relevant and reasonably necessary to the union’s representation of members upon request. Those requests are filled in a manner consistent with applicable law inclusive of any required review and redactions.”
City Hall blamed union
The union has also pushed the city on reassignment of the worker, Carlos Sanchez, from the West Branch. “The request for the city to move Mr. Sanchez has been made at least three times,” the most recent being Dec. 11, McDonald said in an email.“The city has not shared its reasons for its continuing refusal to accommodate the union’s requests, which the union believes would be best outcome for the city, the library employees and Mr. Sanchez.”
The city declined to comment on the personnel matter.
Its Dec. 4 statement shifted focus for the situation to the union.
“It is important to understand,” the city said, “that the majority of the city’s employees, and nearly all of the city’s library staff, are union employees, which means they have additional rights established by collective bargaining agreements, and the city must follow certain processes when managing them. The city must have just cause to discipline a union employee, which generally includes progressively disciplining an employee. Whenever it makes a personnel decision, the city must take into account the rights and concerns of all parties involved.”
Calls for clarity mount
Per the equal opportunity policy the worker was found to have violated, a postinvestigation report is sent for administrative review either by the mayor or an appointee. It may recommend actions to deal with a worker found in violation.
The city declined to say if Ballantyne was the reviewer, or if the reviewer took the option to send the matter back if it judged the report to be not “prompt, fair, impartial and thorough.”
“As a matter of law and policy, the city cannot comment on the specifics of any personnel matters,” Taylor in an email on Monday.
Calls for clarity from the mayor’s office are mounting. The Cambridge Public Library Staff Union posted a statement to its Facebook page condemning the mayor and demanding change. “In a statement that hides behind the confidential nature of personnel matters and blames the union’s protection of its members, Ballantyne’s office attempted to rid themselves of any responsibility or accountability in this situation. We call on Mayor Ballantyne to listen to the voices of library employees and community members when they demand accountability and justice,” read a Dec. 11 post.
Sessa, a parent of two, urged in a Dec. 9 email to the council that the matter be taken up with an emergency agenda item. “Your constituents expect this issue to be addressed and better resolved before year’s end, with the perpetrator terminated or at least removed to a job where they are not working with or near children, nor even as closely with other adults who they might have the opportunity to harass,” he wrote, quickly receiving promises via email from two members that they would do just that.
Testimony to the council
Members Willie Burnley Jr. and Kristen Strezo presented resolutions at the Dec. 12 council meeting calling on the Mayor’s Office to address the situation and present a plan for protecting future employees. The mayor’s chief of staff, Nikki Spencer, responded on the “truly painful” subject.
“Saying that the city takes these cases seriously can sound hollow, but I want to be clear that we know if an employee is bringing up sexual harassment in the workplace or any act that violates our equal opportunity policy, it is always a very painful experience for that individual. So when we say we take this seriously, that is genuine,” Spencer said.
“This administration, which is dedicated to transparent and inclusive leadership, would love to be able to give you specific examples of how we’ve handled these claims professionally, appropriately and according to the law and the EO policy, but a key aspect of that policy is respecting the confidentiality of all parties, victims, complainants, witnesses and the accused at all times, even when it’s not convenient,” Spencer said.
Burnley told Spencer: “We have to acknowledge that the public does not feel that duty was done here.”
A dissatisfied Sessa suggests the council could accept Spencer’s offer to bring in a staff member to answer questions on city policy. “This has the potential to be an inflection point, a chance to do better,” he said in an interview.
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