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| Source of memos feared teachers were being used, attorney in probe says |
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The person who delivered e-mails to the superintendent in June was concerned that Ottoson teachers were being used in a public campaign that had a private dimension, according to a report by the SchoolCommittee attorney investigating e-mails between an Ottoson teacher and principal. The report does not name the person, teacher or staff member involved in delivering e-mails between Chuck Coughlin and Principal Stavroula Bouris. The July 17 report from attorney Alan S. Miller to Superintendent Nate Levenson is marked "confidential." School Committee Chair Susan Lovelace wrote in an e-mail July 19 that she decided to make the report public to various media outlets because, in part, she was "deeply concerned about speculation in the Arlington community." The report from Miller, with the subject "Chuck Coughlin Supplemental Report," notes the concerns from the source who provided the e-mails. It says in full:
"Access of Emails:
"On July 9, 2007, I sent you a report of my investigation of potential inappropriate conduct by Chuck Coughlin. This supplemental report is a follow up on other information which has come to light concerning Mr. Coughlin and Ms. Bouris. "It is also appropriate to comment on how the emails were obtained. As stated in my earlier report, you advised me that the emails came to you totally unsolicited.
"Although I had no reason to question that representation, a thorough investigation required that I explore the circumstances under which they were accessed and delivered to you.
"I have talked to 'the individual' who delivered the emails to you, and it was confirmed that you neither participated in nor had any knowledge of the access.
"'The individual' accessed the emails at the request of an unidentified teacher, who, along with other teachers, was concerned that teachers were being used by Mr. Coughlin and Ms. Bouris in the public dispute regarding the renewal of Ms. Bouris' contract.
"As you are aware, Mr. Coughlin 'led the charge' for her renewal. According to 'the individual,' the personal conduct of Ms. Bouris and Mr. Coughlin during the period before and during the
dispute caused many teachers in the school to speculate that they were having an affair. "'The individual' was told, that because of the speculation of the affair, teachers were questioning Mr. Coughlin's motives in leading the public support of Ms. Bouris.
"'The individual' believed that Mr. Coughlin's and Ms. Bouris' conduct was contrary to the best interest of the Arlington School community and that there was an obligation to bring it to the Superintendent's attention.
"Based upon that belief, the emails were accessed and delivered to you.
"'The individual,' however, has denied leaving the additional batch of emails on the Superintendent's chair.
"There is an issue as to whether 'the individual' acted appropriately in carrying out the request of the teacher and that issue should be explored further."
Miller's report concludes:
"However, based upon a ruling by the Massachusetts Supreme Judicial Court, even if the emails were wrongfully obtained, the employer may use them in disciplinary proceedings as long as the employer had no role in their access."
Lovelace's justification for making Miller's July 17 report public is contained in one e-mail to Noah Bombard, editor of The Advocate, and the paper's reporter, Patricia Bertucci, as well as one to Melissa Beecher, a reporter for Globe NorthWest. The e-mails were forwarded to the School Committee.
The e-mails provide background to the investigation and make clear the views of the School Committee chair about this issue.
Lovelace writes to The Advocate:
"Dear Trish and Noah,
"As Chair of the Arlington School Committee I am deeply concerned about the speculation in the Arlington community and especially the inaccuracies and misstatements in the July 19, 2007 NorthWest article concerning the email exchange between two members of our district staff. "Below are the facts: "On Monday, June 11th the Superintendent contacted me and let me know that he had received an unsolicited package of emails from a district employee that contained sexual references between Mr. Coughlin and Ms. Bouris. The Superintendent informed me that he had contacted our attorney, Alan Miller to determine what if any action he was required to take and was informed that the emails must be investigated. "The Supt. was concerned that due to his past history with these individuals that there not be any appearance of partiality and that he wanted to recuse himself from the investigation as much as is allowed by law and turn it over to our attorney.
"The Supt. has not spoken to either of the individuals involved regarding this issue since it came to his attention.
"After speaking with the Supt. I immediately contacted our attorney, Alan Miller and asked a number of questions regarding the process and procedure for conducting such an investigation, including what the notification requirements are for the parties involved, the AEA [the Arlington Education Association, the teachers' union] and the School Committee. "Mr. Miller informed me that the first step was to inform the two parties about the emails, that
the Supt. has recused himself and Attorney Miller would be conducting the investigation and that they were entitled to legal counsel. "Attorney Miller informed me that because this was a personnel matter and the School Committee has no jurisdiction over personnel matters that I should not inform the committee and that it was in the best interest of all parties to keep the investigation confidential.
"He also told me that he had advised the Supt. not to inform the AEA.
"On July 5th I received phone calls from two members of the committee informing me that they had been contacted by Mr. Coughlin on this matter and they wanted to know what was going on. I spoke with both the Supt. and Attorney Miller and they determined that since Mr. Coughlin choose to bring the matter to the attention of the committee, it was appropriate to provide the committee with the information from the investigation that had been collected thus far. "I did however, remind the members I spoke with that it is a violation of law for the school committee to interfere with district personnel matters and that if they were asked by anyone about the matter (including the two parties involved) they should say that they have been advised by our legal counsel not to talk about it.
"Attorney Frank Mondano's statement in today's [July 19] Globe NorthWest article that the probe was initiated and leaked to the public in retaliation against Bouris and Coughlin for their criticism of Levenson's leadership is completely false.
"Because the ongoing speculation regarding why and how the emails were accessed is creating further divisiveness and distrust in our district, I have decided upon the advice of our attorney to share with you the first part of Attorney Miller's second report to the Superintendent regarding Mr. Coughlin -- specifically 'Access of Emails.' I have attached for your information a copy of that section of the supplemental report.
"I would also like to point out that the comments in the July 19th article [in The Globe] by one of our School Committee members, that at no time, did the committee authorize any kind of investigation, and that the School Committee should have been made aware of the matter is misleading." [She is referring to these paragraphs in the Globe story: "School Committee member Denise Burns said that she was extremely concerned about the most recent events and how it might further harm the department. 'I will say that the School Committee, at no time, authorized any kind of investigation,' said Burns. If Miller 'is the School Committee's attorney and acting on behalf of the School Committee, shouldn't we be made aware of the matter?'"]
"The Superintendent did in fact inform the committee via an email on June 13th that he had 'received information indicating potential inappropriate conduct by two staff members,' and that he was working with our attorney on how to proceed.
"The Superintendent also informed the committee in that email that due to the open meeting law our attorney informed him that he could not share any more information via email or in executive session at that time.
"The email also stated that the Superintendent had asked me as chair to contact our attorney to discuss what is the role, if any, of the school committee and what, if any, information can be shared and under what circumstances.
"For the sake of our students and the good of our district it is critical that communication regarding this matter be based on fact and not speculation or innuendo. I hope by sharing this additional information our community can move forward in understanding the scope of this matter and move toward focusing on the health and well-being of our district." A July 19 e-mail from Lovelace to Globe reporter Beecher has its subject line is "Correction to Arlington Article," and it begins:
"Dear Melissa,
"I am sorry that I was out of town and unavailable to comment on the issue regarding the email investigation in Arlington when you called."
The text that follows reflects all of the information contained in the e-mail to The Advocate.
The investigation needs to include information from Bouris, but she is out of the country until Aug. 9.
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