Ex-assistant assessor will fight dismissal
Former Georgetown assistant assessor Paul D'Olimpio is challenging his recent dismissal, contending that the town violated its personnel rules and the state Open Meeting Law.
D'Olimpio says he was under pressure from John Enos, a member of the Board of Assessors, to quit ever since he started the job two years ago. He also said he had been subjected to unfair and unreasonable evaluations by the board for some time.
According to a handwritten transcript of the April 9 Board of Assessors meeting, a dispute arose between Enos and D'Olimpio over the number of property assessments D'Olimpio had performed since December 2007, among other issues.
Enos also submitted two written evaluations for the board's review regarding D'Olimpio's "continuing failure to formulate and submit a plan and schedule for the valuation of personal property and Mr. D'Olimpio's lack of expertise in filling out the annual 'tax recap.' "
According to Howard Lenow, D'Olimpio's attorney, the town may have neglected to abide by certain contractual and due process standards according to its own personnel bylaw.
Lenow said the matter is under litigation and that a demand letter requesting an undisclosed settlement from the town has been sent to Joseph Fair of the Boston law firm Kopelman and Paige, the town's legal counsel.
A call to Fair's office elicited a voice-mail message that he was away last week. Lenow said Fair is on vacation and would review the demand letter when he returned.
D'Olimpio was paid $62,400 in 2007. His pay increased to $63,960 in 2008. His title was assistant assessor because, in Georgetown, the three-members of the Board of Assessors use the title of assessor.
"They wanted me to leave for months," D'Olimpio said. "The whole thing was kind of disgraceful. I've never gone through anything like this in my life, and I have been in business for 20 years."
After discussion at the April 9 meeting, Enos made a motion to discharge D'Olimpio, effective immediately. The motion was seconded by board member Thomas Berube and eventually approved on a 3-to-0 vote by Berube, Enos, and chairman Dave Bogdon.
After D'Olimpio left the meeting, a unanimous vote called for Berube to notify Steve Delaney, the town administrator and personnel director, of D'Olimpio's termination. Berube also was asked to write a notice of discharge for Delaney and the Board of Assessors to review, which would then be sent to D'Olimpio.
But according to the town's personnel policies, a supervisor may suspend or discharge a town employee only after receiving the approval of the town administrator. In the case of a dismissal, the supervisor - in this case, the Board of Assessors - is required to consult "in detail" with the town administrator prior to taking action. Delaney was not informed of the termination until after it had taken place, according to the transcript.
Lenow said his client also may have been denied certain rights under the Open Meeting Law. D'Olimpio's right to request a hearing before the town administrator and the Personnel Board may also have been ignored.
Although Berube expressed reservations about discharging D'Olimpio "without offering him the opportunity to resign and/or negotiate a severance package," the board proceeded with the dismissal.
"I remain disappointed in the actions of the Board of Assessors in their handling of this matter thus far," said Selectman Lonnie Brennan. "But I remain optimistic that our personnel director, Steve Delaney, will find a solution to what could be a big mess for the town."
Delaney and members of the Board of Assessors would not comment citing the pending litigation. Rosemaria Provencher, formerly the assessor's assistant, has taken over as assistant assessor.
Enos, whose term on the Board of Assessors ends this month, is being challenged by Joe Soucy in the May 15 town election.
