Ruling finds selectman violated policy

By Matthew Bernat
Turley Publications Reporter

STURBRIDGE – The town’s sexual harassment officers ruled that Selectman Scott Garieri violated municipal policy during a vulgar exchange with Town Administrator Search Committee (TASC) member Carol Childress at a meeting held this winter.
As a result, Childress has renewed calls for Garieri to step down and proposed changes to the town’s Personnel Policy and Committee Handbook.
The ruling, signed by harassment officer Town Administrator Shaun Suhoski and alternate harassment officer Finance Director Barbara Barry, was issued May 20 and stated, “We find that the undisputed statement of Mr. Garieri at the February 2, 2010 meeting of the TASC constitutes a clear violation of the Town’s Sexual Harassment policy.”
Tensions had been escalating between the two following an exchange at an earlier TASC meeting, which includes a report of Garieri telling Childress, “Shut your (expletive) mouth. Nobody cares about your opinion.”
A second incident occurred Feb. 2 in open session. After an intense debate Garieri said, “Anyone want to keep this thing in order?” It’s been reported Childress understood that Garieri referred to her as the “thing” and replied “You are such a piece of (expletive)…Who do you think you are?”
She then said to Garieri, “You just make me feel dirty whenever I am around you.” Garieri then replied, “You are dirty…You’re a whore.”
In the ruling, Suhoski and Barry noted that while an investigation found both Childress and Garieri had been involved in the exchange it did not validate his actions.
“However, mutual difference of opinion whether impassioned or not, do not justify the language used by Mr. Garieri,” the report stated.
After receiving word of the harassment officers’ decision, Childress responded with a written statement of her own.
“I take no pleasure in once again bringing this issue to forefront. As a resident, I am embarrassed by my emotional reaction to Selectman Garieri's attacks on (fellow TASC member) Linda Cocalis and I, and I have publicly expressed my regret and apologies three times in the media. As a woman, this issue is damaging to my reputation and integrity, especially because Selectman Garieri turned his public comments to disparage me and characterized the issue as an attack on him,” Childress wrote.
She noted if a regular town employee had acted similarly that person would already have been dismissed.
“With his reluctance to resign, residents need to know that as an elected official, Selectman Garieri enjoys immunity from being discharged even thought his unlawful behavior is a ‘clear violation of the town’s Sexual Harassment policy,’” she wrote.
In light of that, Childress has requested that Garieri resign and receive a full censure from selectmen and town personnel policy be amended to include punitive action for elected officials.
Currently, town policy has no such provision.
“Whereas Mr. Garieri is an elected official, the Town’s administrative officers have no authority to impose discipline. Likewise, the Board of Selectmen itself cannot impose any formal discipline upon one of its members. Conduct of elected officials is ultimately the responsibility of the voter,” the ruling said.
At an April selectmen meeting the board did vote on a motion that shunned Garieri’s response to Childress, referring to his actions as “highly inappropriate and exceedingly offensive.”
At the same meeting Garieri issued a public apology and pledged to perform a voluntary review of the town’s personnel policies with the interim town administrator. Those actions caused Suhoski and Barry to determine that Garieri had received an appropriate level of “discipline.”
“Based upon the offense and circumstances of this case…our review of this matter is now concluded,” the ruling said.