The separation agreement forbids Egan from discussing details about cases she obtained as city solicitor.
HOLYOKE — Heather G. Egan could run for elected office, and the former city solicitor even could take another job with the city, but only after Mayor Alex B. Morse is no longer mayor, according to details of the separation agreement Morse made with Egan on April 29.
But the question of why the separation agreement that ended Egan's tenure as head of the Law Department after slightly more than a year included a payment of $45,000 remains unanswered, in documents the city gave The Republican and MassLive this week under order from the state supervisor of public records.
The $45,000 question is the biggest one in a controversy that has followed Morse since the agreement became known.
Egan has declined to comment.
Morse has said he made a decision in the Egan case he felt was in the city's best interest. He has said Egan resigned for personal reasons.
The latest round of documents The Republican / MassLive received include what is purported to be the full 10-page separation agreement signed by Egan and Morse on April 29.
Previously, the city released blacked-out pages of documents and forms with boiler-plate language on the Egan separation agreement, in response to the news organizations' request for all records and emails related to the matter.
The separation agreement in its entirely includes 19 sections. What appears to be new in the latest round of documents the city released to The Republican / MassLive is that three of the sections redacted from previous document releases – sections 8, 9 and 11 – are now public.
Section 11 states Egan agrees not to seek a job with the city while Morse, who is in his second term and plans to run for reelection next year, is mayor. Nothing bars Egan from seeking a city job under future administrations, the section states.
"Nothing in this agreement shall bar Employee (Egan) from running for elected office," the section states.
The other newly released sections in the separation agreement pertain to Egan agreeing not to disclose information related to protected attorney-client privilege she obtained about cases as city solicitor and both sides agreeing not to disclose "false, negative or derogatory or inflammatory information" about each other.
The newly released records from the city include emails, largely blacked-out, between Morse and Egan apparently discussing her departure and the separation agreement. The redacted versions of the emails enlighten virtually nothing about the matter, with Morse and Egan saying things like, "I know we didn't connect today, so let's meet on Monday ..."
In an April 17 email, which included two rectangular blacked-out marks, Egan addresses Law Department staff about her pending "absence." It was unclear if this was in relation to a leave she might have been planning to take or her permanent departure from city employment. She notes in the email that Kara Cunha, second assistant city solicitor, and staff attorney Sara Carroll "should be considered to be jointly supervising the office during my absence."
"The mayor will likely appoint one of them to be the de facto supervisor during my absence, but until that occurs, this is my directive," Egan wrote in the email.
Cunha and Carroll have been sharing supervisory duties, Morse has said.
"I appreciate all of the hard work all of you have done and will no doubt continue to do. Until we speak again, Best, Heather G. Egan, Holyoke City Solicitor," concludes the email.
The latest documents release by the city includes a three-page letter from Morse to Egan dated April 15 that is completely blacked out except for "Dear Heather" and Morse's signature.
In an Aug. 20 letter to Cunha, in response to an appeal by The Republican and MassLive, state Supervisor of Records Shawn A. Williams wrote that the city had "no authority" to deny the news organizations' request for the documents based on a promise of confidentiality.
"If such were the case, any government employee could unilaterally frustrate the purpose of the Public Records Law with a rubber stamp," Williams said.
"Therefore, a confidentiality clause cannot be used to circumvent the mandatory disclosure provision of the Public Records Law," Williams said.
Williams reiterated the state's determination that any document made or received by a public employee shall be available to the public, unless an exemption applies.
Williams said his office has ruled the city was permitted to withhold from The Republican and MassLive records that constituted attorney-client privilege between Morse and lawyers with the Springfield firm Sullivan, Hayes & Quinn, as well as Egan's personnel and medical files.
Some information is blacked out in the latest documents the city has released, to comply with attorney client privilege and state law regarding personnel exemption, Carroll said in a Sept. 2 letter to The Republican and MassLive.
Heather Egan separation agreement provided to The Republican and MassLive
Related Emails Provided to The Republican and MassLive