A CLOSER LOOK
To see the full report on the Tina Crellin-Michael Foley conflict prepared for the city by attorney Matt Tarasevich, go to www.keepmecurrent.com.
An investigation initiated by the city has cleared both Tina Crellin, the former human resources director, and City Councilor Michael Foley of any wrongdoing associated with a high-profile dispute that led Crellin to quit.
Matt Tarasevich, a lawyer with the Portland firm Bernstein Shur, was hired to investigate whether claims made by Crellin that Foley was harassing her and creating a hostile work environment were true. Tarasevich was also charged with investigating the 34 instances that Foley fielded complaints from employees and constituents about Crellin’s job performance. Tarasevich concluded that Foley’s actions were not legally harassment, and that none of the 34 complaints had any merit.
Tarasevich’s report, dated Oct. 26, noted he did not investigate a number of the complaints lodged by Foley because they “did not on their face have merit.”
Mayor Bruce Chuluda said Wednesday that, from his perspective, this is the end to the kerfuffle that erputed in mid-August and had raised some political issues – just ahead of the election – about mayoral authority in entering high-sum payouts for separating employees without council notification or approval.
The public incidents began when Foley admitted to having “mocked” Crellin’s exit from a Committee of the Whole meeting after the committee voted against Crellin’s recommendations to ban city employees to run for elected office. Crellin filed a formal complaint against Foley with the city. Foley then filed the 34 complaints against Crellin that had been given to him “unsolicited.” On Sept. 4, Crellin filed a protection from harassment order against Foley in civil court. On Sept. 13, Crellin had the order thrown out, and the next day, she resigned the position she’d held for 10 years. The separation agreement paid Crellin the remainder of her salary through the end of the fiscal year, which, before payroll taxes, was $84,562.50, and in exchange the city was released from any liability or lawsuits.
Foley said on Tuesday that he, too, hopes the report clearing both of any wrongdoing means that the issue is over, though he said he was disappointed the investigator didn’t examine every one of the 34 complaints.
Crellin said that the investigator had informed her that one of the complaints was that she had rearranged her office furniture to spy on the city administrator.
Concerns have been raised around the city that Crellin should have been placed on administrative leave and waited for the investigation to run its course before the city entered into a separation agreement. Chuluda said that option and others were offered, but it was Crellin’s choice to resign.
“It was her perspective that she wasn’t going to be able to return to work,” Chuluda said.
Crellin called it a classic case of “constructive discharge,” where the “powers that be” create a situation that would make one’s continued employment near impossible. Crellin said Foley had undermined her authority in the office.
The investigator’s report described the majority of the 34 complaints filed by Foley as “not based on his own personal knowledge.” The report summarizes some of the more specific complaints that the investigator looked into, but does not address most of the complaints because “they are either unsupported, based on misinformation or inaccurate information provided to (Foley) or are based on rumor or conjecture.” Some of the complaints are months or years old.
Crellin’s complaints that Foley was harassing her were given more weight in the report, but Tarasevich wrote that none of them would be legally actionable, including the claim that there was a hostile work environment.
“Crellin alleged that Foley attempted to deride her professional capabilities with others,” Tarasevich wrote. “While we conclude there is some merit to this complaint, it does not, in our view, arise to harassment, nor did it create a hostile work environment.”
“Clearly,” the report continued, “Foley did not want Crellin as (human resources) director. (City Administrator Jerre) Bryant informed us that on several occasions Foley advocated that Crellin should be removed as HR Director.”
The city’s law firm, Jensen, Baird, Gardner and Henry, subcontracted with Tarasevich to handle the investigation.
Crellin has, from first going public, described the issue as a political one, and not an issue with the merit of her work. She said there has been an attempt to brand the incumbent Republican mayor as an ineffective administrator.
Crellin said she was a “born and raised” Democrat until going independent to avoid political confrontation while working as the human resources director for politically affiliated mayors. Her husband is a Democratic school committee member.
Crellin said she hasn’t been out to kill the organization she worked 10 years for, but she wanted the political interference noted. Foley said there were never been any political motivations, and he was merely passing on the complaints that were given to him.
At Monday’s City Council meeting at 7 p.m. in room 114 of Westbrook High School, one of the Crellins is expected to speak on the subject.
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