NEWBURYPORT – It may seem a little surreal to have library employees and volunteers battling for the right to reshelve books and materials. But that was what was happening until the volunteer program was stopped two years ago.
Now, Melissa Murray, a partner in the law firm of Norris, Murray & Peloquin in Norwood, has concluded from her investigation that the volunteers were defamed as well as dismissed.
The Newburyport City Council last week in an executive session agreed to release two paragraphs of Murray’s conclusion. The City Council will take up the report again next week and expects to release a summary of the report.
Several council members are expected to try to have the full report released.
“Having considered all the evidence, I conclude that Newburyport archive volunteers and patrons have been unfairly dismissed and defamed in public, including in the local newspaper, and that the actions and inaction of the City, through the Mayor, the Mayor’s [former] chief of staff and the Human Resources Director, directly contributed to or created the situation that allowed for this dismissal and defamation,” Murray wrote.
In June of 2023, Mayor Sean Reardon suspended the library volunteer program, mostly in the Archival Center, because AFSCME union local 939, which represents the library employees, filed a grievance against the volunteers for allegedly performing tasks contract employees were supposed to do.
A new head librarian, Kevin Bourque, was hired, and the mayor praised him in a recent web site post.
When negotiations between the union and volunteers broke down, the volunteers petitioned the City Council for an independent investigation. The petition was approved a year ago and the investigation began in November.
The volunteers included Ghlee Woodworth, John St. John, Walt Thompson, Skip and Marge Motes, Jack Garvey, Linda Harding and Ellie Bailey. They are represented by attorney Elizabeth Walsh.
Murray, who specializes in education and labor law, concluded, “The public release of the librarian’s letter without any context or investigation acted as an endorsement of the allegations included in the letter, many of which they were aware were false or misleading. Even if the letter was arguably a public record, expressing the opinions of library staff to the Library Board of Directors, the City’s actions, including allowing a copy of the letter to be posted to the home page of the Newburyport Public Library website, sent a clear message of endorsement.
“And the failure to correct this perception by either launching the investigation requested by volunteers or issuing an apology has allowed this situation to drag out, unresolved in the arena of public opinion, at the expense of all involved, including the library staff and librarians.
“While I have not substantiated the allegation that Newburyport staff and librarians have been subject to repeated, persistent, consistent negative and critical commentary designed to disparage, diminish, and coerce, that does not mean that the proliferation of this issue and public discourse and debate has not had a profound effect on the Newburyport Public Library and its staff and librarians.”
The Library Board of Directors has approved a new policy that allows the library to begin bringing volunteers back in as a Teen Board position for young adults interested in helping with library activities and a shelving volunteer position.
It does not have a role for volunteers in the Archival Center, although board members have expressed an interest in bringing volunteers in for the Archives.
In her footnote, Murray wrote: “I am not suggesting that the elements of a tort have been met as to any particular person, just that as a group the volunteers have been subjected to contempt and disparagement in public.”
A tort occurs when a person’s actions cause harm to another.
The City has several options available, including negotiating further with the union to allow for volunteers, or work to find the archival volunteers other roles that do not conflict with the current contract.
Mayor Reardon said he will continue to work with Library staff, the board and the union. ♦
