BUCKFIELD — Lawyers for the former director of the Zadoc Long Free Library say her termination was unlawful.
Bonnie Santos is contesting her firing by Town Manager Cindy Dunn on Jan. 21. The reasons have not been made public. Santos is represented by David Webbert and Carol Garvan of Johnson, Webbert & Young of Augusta. According to Webbert, Dunn gave Santos a four-page letter with her reasons for the termination, but did not initially give Santos an opportunity to respond.
“The town has admitted it has broken its own rules,” Webbert said of the town’s personnel policy. “We hope in light of that we’re going to make things right.”
In a Feb. 2 letter Dunn informed Santos that she had five business days to submit her documents to contest the termination.
“I am not admitting I did not follow procedure,” Dunn said. “Based on the process, I didn’t know this specific employee was eligible for that. After the town’s attorney reviewed the section of (the personnel policy), he suggested I allow that employee that time (to submit documentation),” Dunn said, adding that she immediately sent out a letter to Santos after receiving town attorney John Conway’s recommendation.
“I am not aware of any correspondence that said things have been done incorrectly from the town,” said Conway, who works for Linnell, Choate & Webber in Auburn.
On Jan. 31, Board of Selectmen Chairman Warren Wright called an emergency meeting at which selectmen, Dunn and Conway met in executive session to discuss the process of firing Santos.
On Feb. 8, Webbert sent a letter by mail and an email to Conway requesting an extension of the Feb. 10 deadline by two weeks, or preferably 30 days, to submit Santos’ documentation because she is recovering from surgery.
“They knew she was about to have surgery right before they terminated her employment,” Webbert said, adding that he has not heard back on the extension request.
“I haven’t seen any request to submit information,” Conway said.
Webbert said he sent a separate document explaining his position on the termination being unlawful. In summary, he claims Santos’ termination violated the town’s personnel policy, the Maine Human Rights Act, including the right to medical leave, the Maine Whistleblowers’ Protection Act, the Maine Family Medical Leave requirement law and the federal constitutional right to due process. He said he had not received a response to that, either.
Dunn confirmed that she received this document from Webbert.
“I think it’s wise not to comment at this moment in time,” she said. “I am learning after the fact once you terminate, that’s not the end of it.” She said this was her first termination as town manager.
Santos has been employed with Buckfield since August 2010, first as assistant library director and then as library director. Webbert said Santos was promoted to library director in 2014.
“She had zero discipline in her personnel file. She was there seven years,” he said.
According to the town’s personnel policy, “the Town will try to exercise the progressive nature of this policy by first providing warnings, final written warning and/or suspension from the workplace before proceeding to terminate employment. However, the Town reserves the right to combine and skip steps depending upon the circumstances of each situation and the nature of the offense. Furthermore, employees may be terminated without prior notice or disciplinary action.”
At a meeting last week, Selectman Maida DeMers-Dobson said she was concerned that the policy did not allow for due process. The board voted 2-1 to send the policy to the Maine Municipal Association’s Human Resources Department for review. DeMers-Dobson and Wright voted for the review and Selectman Mike Iveson voted against.