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ROGUE POWER GRAB MARS ReSTART MEETING; ACCUSATIONS FLY … MANY QUESTIONS, FEW ANSWERS

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BY DAN VALENTI

PLANET VALENTI NEWS AND COMMENTARY

(FORTRESS OF SOLITUDE, THURSDAY, DEC. 17, 2015) — So what happened at the Community ReStart meeting Tuesday night?

THE PLANET shares this Facebook post:

Go PittsfieldCommunity Restart- Info Meeting & Send off for terminated Director Paul Deslauriers

“In the end, the meeting as advertised in the agenda that went out [posted in event info above] NEVER TOOK PLACE. What occurred, in its stead, was a bizarre coup d’etat to remove the legitimate board president orchestrated by former director Paul Deslauriers and 2 of 7 board members, in violation of the organization’s own Articles of Incorporation, Article III. 

“That and a lot of disgusting horrible attacks, rants and slanderous lies about individuals, other organizations, and former volunteers and employees of Berkshire Co-Act.”

Joe Durwin, former news reporter for iBerkshires website, offered a more substantive coverage of the meeting. THE PLANET thanks Durwin for his report. It came after we inquired about Tuesday’s meeting:

——– 000 ——–

They lied, a lot.

At Jim Conroy‘s invitation and introduction, Paul Deslauriers ran the meeting with complete authority, despite Conroy’s statement to the Eagle 11/20 that Paul is just a volunteer adviser now.  The posted agenda did not really come into play at all. Instead, a Powerpoint presentation highlighted (and/or exaggerated) the greatness of past Co-Act programs for the first 40 minutes.  Curiously all seemed to end with an inspecific admission that the program had not been all that successful and was discontinued, other than Foodnet and the housing program (pro-sham?), which were blamed on a combination of allegations against the board chair (First United Methodist Church pastor Rev. Ralph Howe) and on the failure of the tenants to accept eviction without the appropriate legal process.  

The entire purpose and point of the rest of the meeting, it became clear, was an attempt by Paul to regain control of the organization, primarily through wild, vague, and often contradictory claims. At one point, they claimed that Howe had appropriated their assets and equipment for Fenn Street Development, against whom this now-familiar gang of Paul, Jim Conroy, and Bruce McDonald railed endlessly as its arch-enemy. Later, when questioned as to why they had been accepting donations and conducting fundraisers throughout 2015 without nonprofit status, they switched gears and said they were “under the umbrella” of the Fenn Street nonprofit. 
 
No attempts were made to address any of the unsavory rumors that have circulated for months about Restart/Co-Act and about themselves (Deslauriers, Conroy, McDonald) individually.  Any attempts at critical questioning were shut down with ferocity and insults by Paul’s acolytes, with whom the room had been carefully stocked.  
 
Ultimately the matter was brought to a vote by the random assortment of attendees, most of whom included close personal friends of Paul’s. The vote was to depose Howe as board chairman.  The vote was meaningless, and based on an intentional gross mistatement of the organization’s articles. 
 
 Those Articles of Incorporation, attached, set out pretty clearly the mechanism for electing the board president and the rest of the executive committee from among the board overall.  As only two actual listed board members — Conroy and Isabelle O’Brien — participated in the action, and not the other 5 listed board of directors members. And since no provision exists in these articles for removal by “members” — a random grouping of associates, friends and long-past volunteers who were invited — the vote had no validity. Articles of Incorporation  CorpSearchViewPDF

 

Between the Idea and the Reality Fall Plato’s Shadow

There will be much more to say about this odd set of events, but for now, THE PLANET shall let the issue simmer while we investigate further a complicated situation that gets murkier by the minute.

If this illegal power grab took place as stated above, one thing is clear: It cannot be allowed to rest. One wonders how ReStart’s board members will respond? Will they take a Bromo and faint? Will they hike their skirts and scream, “Eeeekk, a louse?” Or will they fight back?

Once this situation disappears (the usual Pittsfield Vanishing Act), explodes, or ends in court, a step back will reveal this possible scandal to be part of an even larger problem:  The “transitional housing” (TA) scam.

TA is a “cradle-to-grave” program that liberal policy wonks, do-gooders, and the genuinely well-intentioned draw on the flip chart. In theory, it works as well as Communism, holes-in-one, and perfect games. In practice, its weak points prove no match for flawed human nature. As always, taxpayers pay in the end.

In theory, transition housing aims to address the problem of homelessness. From the website transitionalhousing.org: “Transitional housing is supportive housing that helps fight the homeless problem in todays society. Transitional housing is generally for a limited time period. Stays can be from two weeks to twenty four months. Transitional housing provides people with help after a crisis such as homelessness or domestic violence.”

Sounds good, right? Of course it does, because you are an honest, decent human being who has no quarrel with providing a hand up (not a hand out) to someone in genuine need. People become homeless for all sorts of reasons. TA seeks to provide help to those who want to sober up, make good choices for a change, and “transition” off of the welfare roles into the role of Productive Citizen. Problem is, however, we rarely see the Ideal of the program — the one outside of Plato’s Cave. Instead, we view its shadow on the cave wall. That’s TA as it works in Pittsfield. In case you hadn’t noticed, the city is home for a huge number of such housing units. THE PLANET doesn’t have an exact number, but we’ve heard its in the hundreds.

A Fist Full of Dollars

In the shadow version of TA, the one we find on the all-too-real grimy streets of the once proud, clean city of Pittsfield, the Ideal finds itself attacked from two positions. First, the program attracts too many deadbeats who have no intention of “transitioning” out of victimhood to stand on their own two hooves. Second, too many providers of TA see a quick score of cash for themselves. In their fiduciary myopia, they do not see people in need. They see dollar signs. These two poison factions spoil the programs for the many good people in need and principled folks who want to help.

What is going on now at ReStart? Were there and are there “programs” in place for the agency’s tenants? If not, why not? Are tenants being charged market rates and not proscribed subsidized housing? If so, why is that? If so, where is that extra money going? What is its legal status? What do Deslauriers, Conroy, McDonald, and others have to say about these and other specific charges being made by credible sources? So many questions. So much obfuscation. Meanwhile, the lives of innocent people twist in the wind.

This is the kind of bad acting Pittsfield can no longer afford. When mayor-elect Linda Tyer talks of initiating positive change so that citizens might feel confident again about Pittsfield, it must include cleaning the vomit off the floor left by shakedown artists, bunco bozos, and grifters who, in the name of “helping” the less fortunate instead exploit them to low Gehenna.

That must stop.

————————————————————————-

“Death is a nurse mother with big arms …”Carl Sandburg, from “Death Snips Proud Men,” (1920).

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.

The views expressed in any comment section or within the text by guest writers are not those of PLANET VALENTI or endorsed in any way by PLANET VALENTI; this website reserves the right to remove any comment which violates its Rules of Conduct, and it is not liable for the consequences of any posted comment as provided in Section 230 of the Communications Decency Act and PLANET VALENTI’s terms of service.

 

 

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spagirl
spagirl
8 years ago

A House of Cards….No question!

Hackett
Hackett
8 years ago

Will someone please look into this. Mayor Tyer. Comment please.

Discreet Cat
Discreet Cat
8 years ago

A non profit reorganizing, how appropriate

Ed Check
Ed Check
8 years ago

Is the Foodnet division of this enterprise also the same that asked the city council for a pass on the electrical inspection of a newly installed freezer about 1-2 months ago ? Or am I confusing them with another organization.

It is very sad when the leaders of an organization designed to assist the needy in our community, break the public trust, and worse, harm the very people that they claim to want to help. This poor management or worse hurts any good that they may have accomplished in the past.

The district attorney’s office needs to launch an investigation into this organization.

Pessi mist
Pessi mist
Reply to  Ed Check
8 years ago

This being Pittsfield, Ma and all the “authorities” may be well aware of the shenanigans and have chosen to turn a blind eye their way.

For instance, the licensing board seems to have some pretty loose rules where connected folk come in to play and this outfit may have some friends connected to city hall as well. Would not be the first time in this burg as it seems to be the explanation more often than not.

How many other local non profits are allowed that status because of they have friends in the right places?

Dowgerhat
Dowgerhat
Reply to  Pessi mist
8 years ago

How many not-for-profit and non profit organizations are based in Pittsfield ?

Hackett
Hackett
Reply to  Pessi mist
8 years ago

Oh so true. Licensing board and zoning board…if you Know Someone you’re good , lawbreaking or not.

Spider
Spider
8 years ago

Well said, DV….And you are not exaggerating about the estimated number of these “TA” units (100). Just check out the real estate listings and read between the lines.

Add this to the rest of corruptions in this city.

The less fortunate are not the “TA” tenants, but rather the poor taxpayers.

Kathy Lloyd
Kathy Lloyd
8 years ago

Two complaints have been filed with the Mass Attorney General’s office.
Every request for answers is shot down with a lynch mob type mentality that only reinforces how sketchy and guilty they are.

Depressed
Depressed
Reply to  Kathy Lloyd
8 years ago

Mass. Atty. Generals Office!!!! Now , there is another joke. A pack of crooked lawyers, protecting other crooked lawyers, every where in the state. The more we dig, the deeper the hole gets, with no end in sight When will this ever end?

Juan Pittsfeld
Juan Pittsfeld
Reply to  Depressed
8 years ago

One would hope that the law trumps politics but often it does not.

Joe Durwin
Joe Durwin
8 years ago

Just got a tip that the core gang of Restart Revolutionaries (Paul, Jim, and Bruce) are all at their coup-headquarters office at 11 Faulkner Place off Linden St as of 9AM today, if anyone has any questions for them, perhaps citizenry can put forth more probing queries than today’s Berkshire Eagle story managed to.

Kathy Lloyd
Kathy Lloyd
Reply to  Joe Durwin
8 years ago

If Paul’s been fired (for over a month) isn’t he trespassing? Shouldn’t he too (by his very own standard) be removed in handcuffs from the property?

Hackett
Hackett
Reply to  Joe Durwin
8 years ago

Good work Joe. You and Kathy Lloyd (and DV) derseve a TON of credit here.

Hackett
Hackett
Reply to  Hackett
8 years ago

oops. “deserve”

Joe Durwin
Joe Durwin
8 years ago

Paul was “voted” back in by the same mob free-for-all process by which the No Confidence vote against the board president was accomplished.

Southeast
Southeast
8 years ago

I know folks keep blaming the City for this – but can someone please explain what the City’s interest in this is? The group is a non-profit (or not), not a Governmental operation under the purview of City Hall. It IS under the purview of the Secretary of State’s office though – and it would be nice to know where he is. Also, the IRS has an interest, and it seems as if them and the DF(OR are absent as well. The City is neither responsible or empowered to oversee or grant status to a non-profit.

There are a lot of non-profits based in every City in the State. Too many for some, and they obviously need more oversight.

Joe Durwin
Joe Durwin
Reply to  Southeast
8 years ago

I think that’s a very legitimate point. In fact if you go back to some of Deslauriers media appearances on PCTV, radio, and print his biggest complaint has seemed to be that he’s been “shut out” from establishment programs and everything city run, it’s an ongoing theme.
Every public official I’ve spoken to about his organization in the past has expressed varying levels of vague skepticism about Deslauriers. One used the term “snake oil salesman.” This sort of operating by Co-Act/Restart/whatever may not be a new thing at all. The emerging picture to me seems that what changed was that at some point new leadership began trying in varying ways to start moving the organization to a more legitimate, less loosey-goosey basis and there’s been growing pushback from its founding players.

Russell Moody
Russell Moody
8 years ago

Please do not let the Gang-de-Deslauriers steal your resolve to do good.
Think, people.
Ask questions.
Be discerning.
Consider alternatives and support the people and agencies, churches and synagogues that have proven track records. These places and people have been and will continue to be in our community. Let us recognize self-promotion and leave the selling of snake-oil to those that will sooner or later run out of people who will listen or buy their small vials.
Russell Moody

RobEM
RobEM
8 years ago

Seems as though some are in it for the money and others actually want to help. These days you really have to check them out before donating anything.

Depressed
Depressed
8 years ago

Off Topic.. I wonder how many of those that wait in long lines to see the Star Wars movie or to shop on Black Friday, have ever waited in a short line to reach the ballot box on election day? any guesses? My guess–Very few. Yes, we are all in big trouble in this country and in this city.

gageordesoto
gageordesoto
8 years ago

Off Topic; does anyone know why Ted Williams was called the Minter?

CosbiesLadies
CosbiesLadies
8 years ago

Anyone one know who’s voting who for CityCouncil President, it’s pretty close either way?Also off Topic…

CosbiesLadies
CosbiesLadies
8 years ago

Anyone…thanks

Dilly Dally
Dilly Dally
8 years ago

I was watching Tes showing some tee-shirts and he held up a book, the title of the book was UrineTown, did I see that right? Not that it’s a big deal but UrineTown?

gageordesoto
gageordesoto
8 years ago

Pissfield, a parody maybe? UrineTown would be politcally correct.

CosbiesLadies
CosbiesLadies
8 years ago

I was dropping off the kids in front of the Y and some clown was smoking a cigarette outside the Y entrance front door and was thrown on the sidewalk to boot, not to mention the stink but the clown didn’t even butt the cig out. This joker had a long black coat and some kind of brace or cast on his left leg, he entered the building. On another note, another clown crossed near the First Aggie bank building, walking diagonally, and looked to be higher than a kite and almost caused the gentleman in front of me to slam on the brakes, luckily, an accident didn’t occur.

Chuck Vincelette
Chuck Vincelette
8 years ago

I believe Peter Marchetti will be, and should be, the next president of the City Council. Why on earth would any councilor want to set up a situation that would result in a work environment that could become toxic? Mayor Tyer and Councilor Mazzeo are both professional but their differences are too deep and personal to be ignored. I hope every councilor will vote for harmony and in this case harmony is spelled MARCHETTI. Just an opinion and hope.

spagirl
spagirl
Reply to  Chuck Vincelette
8 years ago

I hope the same Chuck. Mazzeo is toxic and constantly unnerved and confused.

Jonathan Melle
Jonathan Melle
Reply to  spagirl
8 years ago

The lovely Linda Tyer will bring everyone together in Pittsfield politics. She will be a team player.
The lovely Linda Tyer will inherit a lot of problems that are facing Pittsfield. I wish her good luck.

Henry LaMere'
Henry LaMere'
Reply to  Chuck Vincelette
8 years ago

I agree that Marchetti should be Council Prez. Only issues is if that happens we will have to sit and listen to Mazzeo’s constant babble, incomplete sentences, and total lack of common sense.

I see this as a 7-4 council with Maz, Sim, Con-Man, and Moron on the lossing end.

Depressed
Depressed
Reply to  Henry LaMere'
8 years ago

Henry, I think your right. President down grade first and out the door, in the next election.

Ashley Rivers
Ashley Rivers
Reply to  Henry LaMere'
8 years ago

Henry..Simonelli may surprise you. He was a top paid SIG and is drawing a retirement benefit, which is higher, than most people who are working, will ever make. That being said, I believe he will be the same kind of k–s a-s he was in the school dept. Remember, to reach the top paying positions in the school dept. you have to be that kind of person. I predict he will go with the flow, as he is a trained k–s a-s, and will vote for marchetti. I know the man, he did nothing but walk the halls and bs–ing with the staff. He was the first one out the door when the bell rang. Milking the tax payer and playing golf was his life. He beat the system and is now milking us for 10k a year as a councilor. Some people have no shame.

Paul
Paul
8 years ago

Urine Town is a very popular play. It has been done by a few different local groups. It’s funny actually, we watched it a few years ago at the New Lebanon Theatre Barn.

CosbiesLadies
CosbiesLadies
8 years ago

Thanks Chuck, any idea of which way they vote as individuals?

Nota
Nota
8 years ago

Believe Milt Plumb was the Minter? Ted Williams was famously known as the greatest pure hitter, thus the nickname The Splendid Splinter. Would also like to congratulate the Krol Show as it had the Taconic Caroler’s singing, might add they were very good, good job ! Andy Kelly was excellent.

Miss Vito
Miss Vito
8 years ago

Look for Degnan to be replaced by Rich Dahoney and Collingwood by Greg Yon?

World's Foremost Authority
World's Foremost Authority
Reply to  Miss Vito
8 years ago

Does Yon have a P.E. degree?

Henry LaMere'
Henry LaMere'
Reply to  World's Foremost Authority
8 years ago

Do you need a P.E. degree to muck things as Collinwood has?

Ashley Rivers
Ashley Rivers
Reply to  Henry LaMere'
8 years ago

WFA and Henry.. I have a long post answering your questions and more. I notice when I have long posts, they don’t make it to the site, as Dan blocks them. You should see them soon. Does anyone else have this problem? It seems any time I mention Gaetani’s name, the posts are blocked. Maybe I am being sensitive. Lets wait and see. There is no reason that they should be blocked. Watch for the post.

Trump for President
Trump for President
Reply to  Ashley Rivers
8 years ago

I agree with Dan blocking lengthy posts about Gaetani. Why don’t you start a Gaetani worship site? See if you get the readership the Planet gets.

Better yet, have The Berkshire Eagle post your comments. After all that is where Gaetani went to badmouth the Planet. They are his friends there.

We here like to read Dan’s articles. Sick of hearing about Gaetani and how great he is.

spagirl
spagirl
Reply to  Miss Vito
8 years ago

Hope So. Two of the most embarrassing incompetents. In the Private Sector they would have been let go for lack of Performance.

spagirl
spagirl
Reply to  spagirl
8 years ago

This reply is to Miss Vito

Shelly Liver
Shelly Liver
8 years ago

I wish I had Angelina’s Sub right about now.

Dilly Dally
Dilly Dally
8 years ago

What kind Shelly?

Ashley Rivers
Ashley Rivers
Reply to  Dilly Dally
8 years ago

How about a Dilly Dally, SHelly Liver sub with your favorite toppings: Torn Mazzeo strips, Butchered Tully flakes. Mama AMUSO fat back lard, Cotton candy, no brain, small miniature toy, figurine, macaroni and wash it all down with Cacomoron-di flavored River water and Tyred pieces of day old bread for dipping. If you become ill after eating ..you can go to the Marchetti market and get some White mints to settle your stomach. Here’s hoping that these toppings will be off the salad bar in 2017

Henry LaMere'
Henry LaMere'
8 years ago

Original with a bag of State Line and a cream soda

Depressed
Depressed
8 years ago

ONLY INAMERICA,

Churchill Polyester
Churchill Polyester
Reply to  Depressed
8 years ago

What a country

Shelly Liver
Shelly Liver
8 years ago

Like Le’ Mere said, Original. Used to go many years ago to El Italia,great pizza and subs also.

What else is new
What else is new
8 years ago

Off topic- I cannot believe that Terry Hughes, former executive director of the Boys’ & Girls’ Club was working in the lighthouse during the basketball tournament today. What a joke. First the board pays the new basketball director $15,000 to run the program and now they are letting Hughes back in the concession. Disgusting!

Shelly Liver
Shelly Liver
8 years ago

T R U M P 2 0 1 6.. Seen that on a truck with individual gold lettering, pretty clever.

Trump for President
Trump for President
Reply to  Shelly Liver
8 years ago

The more they try to discredit him, the more he rises in the polls and popularity. People are now fully aware the media is controlled.

Will it be:
A lone gunman?
Plane crash?
Sudden unexplained illness?
Car crash?
Something new?

They will never let Trump into the White house.

Jonathan Melle
Jonathan Melle
8 years ago

FACT:
You cannot live on 10 dollars per hour!

Discreet Cat
Discreet Cat
8 years ago

Just because the GOB SIGS thinks it’s a great idea to shut down the Skate Park doesn’t mean the Hats ( Skaters ) don’t have rights to keep it open because of one or two incidents. The ( Hats) presented thier case at the Parks Commission and quite frankly made a case to keep the hours the same. Shame on Lady Boots and Company for trying to shut down this venue, maybe the Gob’s should shut down Slumberland Farms, much more conflicts at that joint on a regular basis, one might add!

Discreet Cat
Discreet Cat
8 years ago

Have one or two of the tax relief Volunteers overseer the Park. Come on JIV.

amandaWell
amandaWell
8 years ago

Several young men Spoke at the Parks Commission. many have jobs, one young man is a graduate for U S C with a chemical engineering degree and stated his only recreation is skateboarding and the Park should be left open. Why the harsh reaction. Lady Boots and Company should look around and see our youth leaving in droves. Yes there will be more problems at the Park, some kids are just plain stupid. Most of the trouble comes for P H S and outsiders, skaters don’t want thier own Park to shut down by causing trouble?
Have the Skate Park moved back into the Streets, that is the alternative, that’s what will happen. The Cat has an excellent idea, use volunteers to watch once in a while, maybe Radio Shack could donate two way radio’s. gain Mrs. Boots and JIV should worry about education and not reactionary rhetoric.

World's Foremost Authority
World's Foremost Authority
Reply to  amandaWell
8 years ago

Yeah, that’s the reason why people are leaving Pittsfield…….not enough skate parks.

Luthor Rex
Luthor Rex
Reply to  amandaWell
8 years ago

Speaking of outsiders I heard a rumor that some of the kids involved in the stabbing were from NY? The rest PHS kids.

That spells “drugs”. Of course the authorities including Lady Boots dont have a clue.

amandaWell
amandaWell
8 years ago

And I need to get myself better grammar, sorry Planet.

Discreet Cat
Discreet Cat
8 years ago

Qatar spending two hundred billion for World Cup. That says it all.

Churchill Nylon
Churchill Nylon
8 years ago

Put a skate park outside the Mercer building. There are plenty of folks in there who could keep an eye on it.

gageordesoto
gageordesoto
8 years ago

Two Hundred Billion, yeah right. Maybe two Billion?

Jonathan Melle
Jonathan Melle
8 years ago

NEWS ARTICLE:

“Fired BerkshireWorks employee alleges retaliation for discrimination complaint”
By Jim Therrien, The Berkshire Eagle, December 20, 2015

PITTSFIELD — A longtime employee at the BerkshireWorks Career Center contends he was forced into retirement after reporting allegations that a former executive director had sexually harassed female employees.

Daniel Collins, of Clarksburg, said he recently gave up on negotiations with BerkshireWorks management toward a settlement of issues surrounding his “forced retirement” in April, when he said he was given the choice to retire or be fired over alleged job performance issues.

Collins said he now wants to make public what happened to him, which he termed “retaliation for doing my job” as the financial and human resources manager at the BerkshireWorks center.

Collins, 68, said he also believes part of the alleged retaliation against him stems from an age discrimination complaint he filed with the Massachusetts Commission Against Discrimination. He applied for the executive director’s post in late 2013 and wasn’t granted an interview, he said.

Ultimately, Collins blames his alleged mistreatment and retaliation on the agency’s executive director, Kenneth Demers, and Mayor Daniel L. Bianchi — who by virtue of his office appoints BerkshireWorks’ executive directors — possibly in concert with officials at the state level.

Demers and Bianchi reject Collins’ assertions.

Bianchi stated he was “absolutely not” involved in the actions or decisions that led to Collins’ departure. He denied retaliating against Collins and said he has had little or no involvement in the operation of the BerkshireWorks office, beyond appointing the executive directors.

Bianchi said he was made aware last winter, however, that state officials had raised concerns about the fiscal management of the office, and he understood that Demers would be dealing with the situation.

“It is discouraging that Mr. Collins continues his vengeful crusade to interfere with BerkshireWorks’ mission, especially given that BerkshireWorks allowed him to voluntarily retire from the agency in lieu of terminating him for poor performance,” Demers said in a statement to The Eagle.

Collins maintains that he never received a negative job performance review or warning in his 40 years with BerkshireWorks, the county’s employment and job training agency.

RECEIVED COMPLAINTS

Collins said that in early 2014 he investigated several allegations of “inappropriate behavior” and “sexual harassment” brought forth by female employees of BerkshireWorks against their boss, William Monterosso, whom Bianchi had appointed executive director that January. At the end of his investigation, Collins told the city that Monterosso should “resign or be terminated.”

But Pittsfield Personnel Department officials “just didn’t believe” the harassment allegations, Collins said.

At least two of the women have since filed sexual harassment complaints with the Massachusetts Commission Against Discrimination against Monterosso, BerkshireWorks and the city, according to Collins. Those complaints and his age discrimination complaint all are pending, he said.

MCAD does not comment on its active investigations. Monterosso’s attorney, [Andrea F. Nuciforo, Jr.], at the time called the employees’ allegations “baseless.”

Collins said he believes city officials blamed the allegations against Monterosso on employees who were unhappy that Bianchi had replaced John Barrett III as BerkshireWorks’ executive director when his contract ran out in late 2013. Barrett, the former North Adams mayor, was appointed to the position by the previous Pittsfield mayor, James M. Ruberto.

Collins said he sent 11 employees to the city’s Personnel Department to discuss the alleged sexual harassment.

Monterosso, a city native who had previously worked for 15 years in workforce development and headed agencies in Kentucky and West Virginia, was placed on paid administrative leave in April 2014. On May 19, 2014, he resigned and left with a severance package that included pay and health insurance through July 31, 2014, and a confidentiality agreement that prevents anyone involved from discussing the settlement publicly.

“All of this started when they hired Monterosso,” Collins said of the sequence of events that led to his leaving BerkshireWorks. But the situation was complicated, he said, by the fact that Bianchi replaced Barrett — who Collins said had unanimous support from the office staff to continue — with Monterosso.

Both Collins and Barrett have contended that the decision was primarily political in nature because Barrett had been appointed by former Mayor Ruberto, a Bianchi rival who had defeated Bianchi in the 2009 contest for mayor. Bianchi denied that allegation, saying he wanted to find a director who had more professional experience in the employment and recruitment field than the former North Adams mayor.

Collins said that, in addition to sending employees to the city Personnel Department to register their complaints, he at one point refused to approve paychecks for Monterosso, and then that approval authority was taken over by the city treasurer’s office at the direction of the mayor. Although the BerkshireWorks office operates employment and training programs in the region receiving annual federal and state funding, the mayor appoints the directors and federal funding passes through the city to the employment office.

In a follow-up query from The Eagle, Demers declined to comment on details of Collins’ allegations.

“I do not believe it would be appropriate for me to respond to these questions at this time,” Demers said.

STATE REVIEW

After returning from a vacation in April 2015, Collins said he was notified that alleged deficiencies in his performance, stemming in part from an annual state Department of Career Services financial management review, would be used terminate his employment if he did not agree to leave on his own. Collins said he was immediately placed on administrative leave and never returned to the office, while severance and settlement negotiations commenced between attorneys.

The Eagle obtained a copy of the Department of Career Services’ financial management review of BerkshireWorks for fiscal 2014. The report followed an on-site DCS review conducted in April 2014, during Monterosso’s tenure with the office.

The state review doesn’t name any employees, but it lists several procedural and fiscal issues and makes recommendations to fix them.

Among items mentioned were checks issued “without following the documented procedures,” multiple checks that “lacked proper backup documentation,” a “travel voucher’s supporting backup was not signed by the director,” and “the supporting backup for the travel voucher was not signed by the director.”

The DCS review stated that the local office had been “conditionally certified,” pending responses to the issues noted and a follow-up review.

Collins said he received the annual review report from the state in 2014 and responded within 30 days to the items noted in it, as he had done after every annual review during his 20 years as financial manager. He said it is typical of the state review “to find something,” such as a mistake on a voucher or a procedure that must be updated, and then to work out with the local employee or employees whether changes were required going forward.

“It’s all little things,” Collins said. “It’s no big deal.”

He said the types of issues are the same typically noted after each annual DCS review, and are identified at other employment offices in the state as well. Normally, he said, the items are resolved through a dialogue between the office and DCS officials, but that process did not occur after the fiscal 2014 report.

He said that this time he responded as usual, but he never got a reply from the state before being placed on administrative leave seven months later.

“They were holding it over my head,” he said.

Colleen Quinn, a spokeswoman for state Department of Career Services Director Alice Sweeney, stated in an email to The Eagle that “DCS has no record of receiving a response from BerkshireWorks,” concerning the fiscal 2014 report.

Collins said he definitely did file his written response to the review, as he had in all other fiscal years.

Asked why he thought he wasn’t simply fired if there were serious problems, Collins said, “Because it was all bull—-.”

He said of the typical deficiencies noted on the reports that there was “nothing fraudulent and nothing that could not be resolved. There was never any wrongdoing.” In addition, he said, there are audits of the office performed by an independent firm annually and no fraud or other no serious problems were identified.

MONITORING REQUIRED

In a March 13, 2015, letter, Edward Bartkiewicz, the manager of field management and oversight for Department of Career Services, stated that the fiscal 2014 review of BerkshireWorks had identified “multiple fiscal findings” in the areas of “accounting systems and reporting; cash and grant management; cost allocation and cost classification methodology, and property/inventory standards.” The letter was addressed to Bianchi, Demers, Sweeney, Berkshire County Regional Employment Board Executive Director Heather Boulger and others.

The letter also stated that the Berkshire Training and Employment Program had been “designated as a high-risk grantee” program, and that the DCS would require BTEP “to provide more detailed financial reporting,” and noted that “additional monitoring by DCS may be necessary.”

The letter stated that DCS would impose a “prior approval/special condition” designation, “requiring pre-approval of the procurement of any new contracts,” and require “BTEP to submit payment requests [with the exception of their weekly payroll] to the DCS for prior approval.”

Those restrictions on BerkshireWorks operations were lifted by the DCS as of Aug. 31, Quinn said.

Collins said he doesn’t remember being shown the March 15 letter, but believes that “whatever they found was all correctable.” He said he took the fact the state did not respond to his written responses to the fiscal 2014 review as indicative of a plan to eventually use the report against him.

Asked about concerns identified at the state level about financial management at BerkshireWorks, Sweeney said in a telephone interview that the DCS reviews both financial and program operations at the state’s 16 regional employment and training offices and reports to the entities with management responsibility — in Berkshire County that being the Pittsfield mayor and the regional employment board.

Sweeney added that, while the annual review reports are given to those overseeing each employment region, any “personnel determinations” are made at the local level.

“We make fiscal recommendations,” she said, “not personnel recommendations.”

Boulger, the head of the county employment board, said that board oversees local employment and training programming but also is not involved in personnel decisions at BerkshireWorks.

Collins also speculated that public disputes that erupted between Barrett, when he was director at BerkshireWorks, and DCS officials could have played a role in what he sees as retaliation against him because he was associated with Barrett.

MANY ADMINISTRATIONS

Collins said he has worked in the BerkshireWorks office during several administrations, beginning with Mayor Charles L. Smith (1980-88), but he has never seen such disputes erupt involving an administration or any significant involvement in the office by a mayor, except to appoint a director as needed.

After finding no one he thought qualified for director in an initial search, Bianchi initiated a second job search, which led to Monterosso’s hiring in January 2014, and both Collins and Barrett applied. Barrett, whose contract had expired in September 2013, also had applied previously, and he had agreed to stay on as an interim director during the second search process.

Barrett said he was one of two finalists in the first search, and the other candidate withdrew from the process.

If Barrett, who had been in the position since May 2011, was going to be replaced, Collins said, “there is no question I was the most qualified” after many years in the office.

Barrett said that when Ruberto appointed him in 2011, in part to help address federal and state policy and procedure compliance issues at BerkshireWorks, Collins was “most cooperative” in assisting with efforts to bring the office procedures into compliance.

Barrett added that Collins “never got negative reviews” during his long career, including throughout Barrett’s tenure as executive director.

“I was disappointed that Dan Collins was not treated better. He was a dedicated employee for more than 38 years,” Barrett said.

ENDED TALKS

After Collins left BerkshireWorks in April, his job settlement negotiations dragged on until October, Collins said.

Collins said that in early October, he became “fed up” with the negotiations and told his attorney, Richard Dohoney, of Donovan & O’Connor, to end the talks with the attorney representing BerkshireWorks.

The bottom line, he said, was that the other side offered him just $5,000 — to be paid by the city of Pittsfield — and he would have had to agree not to talk to the media about the issues or pursue a lawsuit, among other things.

Collins said he had misgivings about the settlement as it was, but the relatively low payment amount was a final straw. “I decided that it’s not worth signing [a nondisclosure agreement] for $5,000,” he said. “I said, ‘No, thanks.’ ”

Collins said he received three weeks’ severance pay, and he contrasted that with the separation agreement for Monterosso, who left after six months of total employment, including time he was on paid leave.

The amount paid after Monterosso’s resignation reportedly totaled at least $20,000. Monterosso’s annual salary was reported at $88,600.

“After 40 years, I got three weeks [of pay],” Collins said.

In addition, Collins said Demers appealed his application for unemployment insurance, but the appeal was rejected at the state level. Collins said he now is receiving jobless benefits. Demers did not respond to a question concerning Collins’ statements about his unemployment application.

Collins said he had planned to work a few more years before retiring. In addition to his age discrimination complaint against the city and BerkshireWorks, he said he’s considering a lawsuit alleging wrongful termination and retaliation.

The draft proposed settlement agreement Collins supplied to The Eagle, which was to have been signed by Collins, Bianchi and Demers, would have barred Collins from a lawsuit or other actions over the disputes involved in his departure and would resolve any job-related allegations against him.

He would receive $5,000 and any job performance issues concerning his work as financial manager would be resolved.

Contact Jim Therrien at 413-496-6247. jtherrien@berkshireeagle.com @BE_therrien on Twitter.

http://www.berkshireeagle.com/local/ci_29282134/fired-berkshireworks-employee-alleges-retaliation-discrimination-complaint

spagirl
spagirl
Reply to  Jonathan Melle
8 years ago

If you don’t think Mayor Bianchi isn’t one crooked S.O.B……..this is a horrendous abuse of Power. Disgusting!!

Ashley Rivers
Ashley Rivers
Reply to  spagirl
8 years ago

Do not worry, Spa Girl–It takes time to catch up with crooks. However, this crook has many waiting, to have their day in court with him. I can think of several, who work at city hall and one very very heavy, who has his cross hairs trained on him and will be dragging him to court for fiduciary irresponsibility as the city’s Chief executive. Patience my lady, patience. You will have the last laugh.

Pat
Pat
Reply to  Jonathan Melle
8 years ago

So sad. I feel so bad for Mr. Collins. To be tarnished like that after so many years (38) of exemplary service. They just wanted to get rid of him for basically doing his job by reporting what employees were telling him.

Jonathan Melle
Jonathan Melle
Reply to  Pat
8 years ago

How many Pittsfield area employees are suing Mayor Dan Bianchi?
* Pittsfield Police Officer Mark Lenihan
* Pittsfield Police Officer Chris Kennedy
* Former Veterans Director Rosanne Frieri
* Retired Berkshire-Works employee Dan Collins
Anyone else?
Dan Bianchi seems to have ousted personnel appointed by then Mayor Jimmy Ruberto.

Henry Evans
Henry Evans
8 years ago

Where o where is Dan? I’m so missing him!

Nota
Nota
8 years ago

Planet, anyone know why St. Joe Cemetery is looking for a Cemetery Manager?

ma
ma
8 years ago

Jonatham:::Seems you’ve issued the escapade that was lingering over at the Registry of Deeds, seems one of the clerks has or had a case pending against the Registrar. guess who was or is representing the aforementioned clerk….Andy Nuciforo. You missed that one, my friend.

Jonathan Melle
Jonathan Melle
Reply to  ma
8 years ago

I have no idea about this case. Nuciforo was the Pittsfield Registrar of Deeds from January 2007 – early-January 2013, for 6 years or one full term. Patsi Harris is the current Registrar of Deeds. She will run for re-election in 2018. Please apprise all of us about what happened there.
I know Nuciforo has burned all of his bridges by making hundreds of political enemies over the 2 decades he has been involved in Pittsfield politics. Nuciforo is now a fringe politician no one supports.

Nota
Nota
8 years ago

Maybe the Brien Center should be closed also during school hours. Lady Boots is trying to make something out of. Oohing, just another feel good proposal by JIV with nothing to lose on school end. Why don’t they take a hard look at Herberg, many incidents over there.

May Hemm
May Hemm
8 years ago

Let’s return skating to North Street, like the good old days.

Churchill Nylon
Churchill Nylon
8 years ago

Maybe Lach’s lounge should be closed during City Hall hours

mi
mi
8 years ago

Move the Skate Park to the ol Pomeroy School.

acheshirecat
acheshirecat
Reply to  mi
8 years ago

Move it to the old Grossman’s / Pennel property or better yet, The William Stanley Skate Park

Local Yokel
Local Yokel
8 years ago

Ladyy Boots,Close Down Burger King on First and then Johnnies on Wahconah.

Ashley Rivers
Ashley Rivers
Reply to  Local Yokel
8 years ago

Gaetani Supporters..Mr. G. plans to petition the CCto revamp the public speaking session, so that the speaker will have more time and request, that councilors who are asked specific questions, be obliged to respond. Further, he is requesting, that all petitioners, petitions, be read verbatim, as submitted, at the CCm-ing, and that the petitioner be able to have dialog with the council. After all, the speakers are the CC’s bosses, the taxpayers. He will also contact all media and ask that they cover the speakers in the public session and petitioners. This is the only chance the speakers have to be heard and what they have to say, should be shared with the community. If he is successful, this will be a great benefit for the taxpayer.