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Student on Blarney Blowout: 'I'm, like, very upset about where (UMass) put the money to for the free concert' [video]

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Tony Robinson shooting: Protestors hit Madison, Wisconsin streets (video)

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Peaceful protesters in Madison took to the college town's streets with chants of "Black Lives Matter" following the fatal shooting of an unarmed black 19-year-old by a white police officer, who authorities say fired after he was assaulted.

MADISON, Wis. -- Peaceful protesters in Madison took to the college town's streets with chants of "Black Lives Matter" following the fatal shooting of an unarmed black 19-year-old by a white police officer, who authorities say fired after he was assaulted. The city's police chief said he understood the anger, assuring demonstrators his department would defend their rights as he implored the community to act with restraint.

Tony Robinson died Friday night after being shot in his apartment following a confrontation with Officer Matt Kenny, who had forced his way inside after hearing a disturbance while responding to a call, authorities and neighbors said.

Madison Police Chief Mike Koval on Saturday said Kenny was injured, but didn't provide details. It wasn't clear whether Robinson, who died at a hospital, was alone.

"He was unarmed. That's going to make this all the more complicated for the investigators, for the public to accept," Koval said of Robinson. The department said Kenny would not have been wearing a body camera.

Several dozen protesters who gathered outside the police department Saturday afternoon held signs and chanted "Black Lives Matter" -- a slogan adopted by activists and protesters nationwide after recent officer-involved deaths of unarmed blacks -- before walking toward the neighborhood where the shooting took place.


The shooting came days after the U.S. Justice Department said it would not issue civil rights charges against Darren Wilson, the white former Ferguson, Missouri, officer who fatally shot 18-year-old Michael Brown, who was black and unarmed, after a struggle in the street last August.

Federal officials did however find patterns of racial profiling, bigotry and profit-driven law enforcement in the St. Louis suburb, which saw spates of sometimes-violent protests in the wake of the shooting and a grand jury's decision not to charge Wilson.

Other high-profile deaths of black suspects at the hands of police officers have prompted nationwide protests, including that of Eric Garner, who died in July after New York City officers put him in a chokehold and a video showed him repeatedly saying, "I can't breathe." A Cleveland police officer in November fatally shot 12-year-old Tamir Rice, who had been pointing a pellet gun at a playground. A Milwaukee police officer who fatally shot Dontre Hamilton last April was found to have acted in self-defense, but was fired for ignoring department policy regarding mental illness.

Koval struck a conciliatory tone Saturday while addressing the potential for more protests in Madison, saying he understood the community's distrust after "this tragic death."

"For those who do want to take to the street and protest," Koval said, his department would be there to "defend, facilitate, foster those First Amendment rights of assembly and freedom of speech." The promise echoed as a stark contrast to Ferguson, where an aggressive police response to protesters after Brown's death drew worldwide attention.

Koval also asked protesters to follow what he said was the lead of Robinson's family in asking for "nondestructive" demonstrations.

The chief said he had gone to Robinson's mother's house overnight and spoken with his grandparents and expressed sympathy to his family Saturday, saying, "19 years old is too young."

Family members at community meeting later read a statement prepared by Robinson's mother, Andrea Irwin.

"I can't even compute what has happened," Irwin's statement said. "I haven't even had a chance to see his body."

Koval said Kenny, a more than 12-year veteran of the Madison department, also shot and killed a suspect in 2007, but was cleared of wrongdoing because it was a "suicide by cop-type" situation. In that shooting, Kenny responded to a 911 call of a man with a gun and shot the man twice after police said he pointed the gun at officers. It turned out to be a pellet gun.

A picture of Kenny on the Madison department's website shows him with a police horse he trains, alongside a short first-person bio in which he says he served nine years in the U.S. Coast Guard before joining the department.

Kenny has been placed on administrative leave pending results of an investigation by the state's Division of Criminal Investigation.

A 2014 Wisconsin law requires police departments to have outside agencies investigate officer-involved deaths after three high-profile incidents within a decade -- including one in Madison -- didn't result in criminal charges, raising questions from the victims' families about the integrity of investigations.

Madison, about 80 miles west of Milwaukee, is the state capital and home to the University of Wisconsin's flagship campus. About 7 percent of the city's 243,000 residents are black. Neighbors said Robinson's apartment is in a two-story gray house on Williamson Street, known to many as Willy Street.

Chief Koval said police responded to a call about 6:30 p.m. Friday of a person jumping into traffic. A second call to police said the man was "responsible for a battery," Koval said.

Kenny went to an apartment and forced his way inside after hearing a disturbance. Koval said the officer fired after being assaulted by Robinson; Koval said he couldn't say how many shots were fired because it is part of the investigation.

One of Robinson's neighbors, Grant Zimmerman, said Robinson would run between his apartment and his roommate's mother's house across the street "all the time, even in the middle of traffic."

Wisconsin's online courts database shows that Robinson, a 2014 graduate of Sun Prairie High School, pleaded guilty to felony armed robbery in October and was sentenced in December to three years' probation. A police report said he was among four teenagers arrested in a home invasion in which the suspects were seen entering an apartment building with a long gun. They ran with electronics and other property and three of the four were captured. A shotgun and a "facsimile" handgun were recovered, according to the report.

Koval declined to discuss Robinson's background Saturday, saying he thought it was inappropriate.

"I'm not here to do a character workup on someone who lost his life less than 24 hours ago," Koval said.

A neighbor, Doris King, told the Wisconsin State Journal she asked Robinson about his involvement in the robbery because it seemed out of character for him.

"He felt he was under a lot of pressure from the others to do what he did," she told the newspaper. "He told me he would never do anything like that again."

Williamson Street appeared quiet Saturday evening. At least one Madison Police officer stood in front of the building where the shooting took place.

New London man shot and killed

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A 31-year-old New London man was shot and killed in a Spring Street apartment Saturday morning.

NEW LONDON, CONN.— Police officers responded to a report of shots fired on Spring Street Saturday morning, and found the body of a 31-year-old man in a basement apartment, New London police told the Hartford Courant.

According to police reports, officers investigated the 2:45 a.m. gunfire report and found the victim in a basement apartment at 37 Spring St. Police said the 31-year-old man had been shot multiple times, and was unresponsive.

The victim was taken to the Lawrence and Memorial Hospital in New London where he was pronounced dead soon after arrival.

Pioneer Valley District Robotics Tournament at MassMutual Center in Springfield draws 100s of students from the northeast

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Organizer Dana Henry, of Agawam, said he and John Burns co-founded the regional event 14 year ago and it has grown by leaps and bounds since.

SPRINGFIELD - Rosie the robot wasn't built for speed, or necessarily precision, but for consistency.

And, it paid off in the quarter-finals of the NE FIRST Pioneer Valley District robotics competition at the MassMutal Center on Friday and Saturday. High school engineering enthusiasts coupled with professional engineers and higher-ed students in 33 teams from across the northeast to create the ultimate robot over six weeks.

The theme: Recycle rush; the goal: to stack as many columns of plastic totes, recycle bins and swimming noodles as possible for points. The countdown: 1,2,3 rush!

Although the underpinnings were academic and scientific, the atmosphere at the arena on Saturday was pretty rowdy with AC/DC tunes and "Bust a Move" blaring over speakers in the background. You might have thought it was a UFC tournament if not for the fact that it entailed 5-foot-high robots made out of metal, gears and other materials dueling at the center.

Organizer Dana Henry, of Agawam, said he and John Burns co-founded the regional event 14 year ago and it has grown by leaps and bounds since. This year's event included 33 teams of approximately 30 high school students per team from Massachusetts, Vermont, Connecticut, New Jersey and New Hampshire.

"They dress up, they paint their faces, they have their cheers. It's a lot of fun," said Lynne Henry, a volunteer and Dana Henry's wife.

She said the impetus of the event occurred when their son spied a robot at an engineering event 14 years ago when Dana Henry worked for United Technologies and said: "Dad, can you build one of those?"

More than 600 students participated in this weekend's event and drew hundreds more spectators.

Agawam High School's team, for which Dana Henry is a senior mentor in addition to the entire event, has about 200 members from elementary through 12th grade. However, in high school, Rosie Robotics CEO Ali Bessette, 18, said the Agawam school alliance is structured like a business.

"We have a whole executive board," Bessette said, adding that she has a sister who is an engineer plus a brother who is enthusiast.

"Rosie" was built for consistency, according to Chief Operating Officer Paul Hotaling, also 18 and fron Agawam High School. Their robots were originally named after the robotic maid from "The Jetsons" but morphed into an acronym that stands for "recognizing outstanding science-inspired education," Bessette said.

In one match, Rosie bested her opponents by six points.

enfield.JPGSPRINGFIELD - From left, Lauren Halsey, 16; Paige Dowding, 15 (center with mask); and Katrina Stolar, 14, all of Enfield, Conn., gather at the 14th annual Pioneer Valley District robotics tournament at the MassMutual Center.  

Members of the Enfield team, adorned in yellow and black, said they are proud their team is solidly co-ed as opposed to dominated by male members.

"It's really balanced," said team member Lauren Halsey, 16.

Port in a Storm, Part 1: Answering Holyoke's $45,000 question about Heather Egan separation agreement

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Threats of a medical lawsuit and a whistleblower suit and concerns about a civilian participating in casino talks added up to $45,000.

HOLYOKEHeather G. Egan sat in Mayor Alex B. Morse's office at City Hall on the afternoon of April 4 and floated the idea of leaving her job.

The mayor embraced the notion of making his city solicitor go away, the Egan-Morse association of 14 months having become torn beyond mending, according to documents obtained by The Republican and MassLive.com and interviews with people familiar with details of the events.

Ultimately, Morse agreed to pay Egan $45,000 because that was the only way she would agree to quit as head of the Law Department while forfeiting the right to file lawsuits she had threatened and staying quiet about an aspect of casino-mitigation negotiations she felt was improper if not illegal, sources said.

The payment became a deal-breaker provision within the separation agreement between Morse and Egan for three reasons, sources said:

  • Administration officials feared Egan would argue the city's inability to accommodate her caused a chronic medical condition to get worse; and because of that she would sue.
  • Egan questioned the changes Morse was proposing at the License Board and she discussed possibly filing a whistleblower lawsuit.
  • Egan threatened to go public with concerns that Morse permitted Rory Casey, who is now the mayor's chief of staff but at the time wasn't a city employee, to participate in negotiations with MGM Resorts International on benefits Holyoke should get as a neighboring community to the gaming giant's planned $800 million casino in Springfield.

The separation agreement and the amount of cash finally agreed upon were fashioned by a flurry of emails and text messages between Morse and Egan in April, electronic doses of drama spiced with warnings to each other to keep it all quiet.

In a phone interview and emails, Egan declined to identify lawsuits she might have filed, saying that revealing such specifics would violate terms of her separation agreement with the city and the attorney-client privilege related to her having been city solicitor. But she said the agreement and $45,000 payment had nothing to do with a leave she had planned to take in April.

Egan addressed what she called the "theory" that a reason the separation agreement included a payment was because it touched on a medical matter.

"I will say that that I did have a planned, two-week leave, which was going to occur in May (of 2014), and this had been approved by the mayor prior to my second appointment as solicitor," she said.

But, she repeated, the planned leave "had nothing, whatsoever" to do with her resignation or the separation agreement.

"I do not believe whether or not the leave was health related should matter, and I will not comment as to whether the leave was for medical reasons or not ...," Egan said.

Two officials have previously alluded in stories published by The Republican and MassLive.com to "medical" matters having a role in the Morse-Egan separation agreement. One was Assistant City Solicitor Kara Cunha in June saying some documents the news outlets sought were off limits because they constituted "personnel and medical files or information."

The other reference to medical matters having a role in the Morse-Egan separation agreement came from state Supervisor of Records Shawn A. Williams in a story published in September. In an Aug. 20 letter to Cunha, in response to an appeal by The Republican and MassLive of a public records request denial, Williams said certain records must be released but among those the city could withhold were Egan's personnel and medical files.

Morse also said in an interview in his office that the separation agreement's nondisclosure clause prevented him from discussing specific lawsuits he was concerned Egan might file against the city.

"Again, as the mayor of the city, I felt it was in the best interest of the city" to execute the separation agreement with Egan, Morse said.

As for Casey's involvement in meetings with MGM, in November and December of 2013, Morse said that there was nothing wrong with that and that Casey was helpful. Casey became chief of staff in early January 2014.

Another argument for giving Egan a separation agreement that included cash payment was that a lawsuit brought by the ex-city solicitor could have left the city uniquely ill-equipped to defend, a source said. That's because of conflicts that could have made the city's own legal staff and the private firm the city has on retainer unavailable, given that both had worked closely with Egan on legal cases and other confidential matters.

To be sure, Morse and Egan wanted to avoid a nightmare of court fights.

They also were eager to get past the bickering about Egan's attendance and ability to get along with other city employees, along with Egan questioning the legality of a Morse order about the License Board, records and interviews show.

But a review of more than 300 pages of emails, texts, letters and other documents in addition to interviews with people with knowledge of pertinent details shows the Egan-Morse relationship had become so troublesome that the mayor and his solicitor came to view a separation agreement as a port in a storm.


Next chapter: Port in a Storm, Part 2 »

Port in a Storm, Part 2: Fallout begins between Holyoke mayor Alex Morse, former city solicitor Heather Egan

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The mayor said that if he could do it again, he would have kept the City Council in the loop.

HOLYOKE — Since Mayor Alex B. Morse announced April 29 that Heather G. Egan had resigned as city solicitor for "personal reasons," the question – "Why did Morse pay Egan $45,000?" – has intrigued many in this recovering though still poverty-plagued community of 40,000 people.

Within days it became known that the agreement included a payment to Egan and that both sides had pledged to stay silent about why.

City councilors and others, including a flurry of MassLive readers, have criticized Morse for refusing to disclose why taxpayer money was being spent.

Morse said that given the upset that ensued in the wake of the Egan issue, he regretted omitting the City Council from his decisions.

"Yeah, probably in retrospect and moving forward, it would have been wise of me to call an executive session of the City Council," Morse said.

Still, he said, it was a sensitive matter involving an employee's privacy rights and not a decision he made lightly.

The Republican and MassLive.com filed three public records requests and received some documents only after filing an appeal with the state supervisor of public records when the city initially furnished mostly blacked-out pages of records.

Egan said in a phone interview and email that she would "love" for the details of the separation agreement to be revealed, but that a revelation won't come from her.

"As I have said to you in the past, despite what my personal wishes are, I am largely unable to comment on the issues leading up to, and surrounding the settlement agreement / release of claims between myself and the city, in that the information is either protected by attorney-client privilege, or by the agreement itself," Egan said.

"It didn't have anything to do with me taking time off. I've told you what it's not about. I can't tell you what it is about. And I hope you quote me on these things," she said.

Morse said he understands the community's interest in the issue and especially in why $45,000 of taxpayer money was spent. But, he said, he made the agreement with the nondisclosure clause because he felt that was in the city's best interest.

"The city's intention is to always avoid lawsuits whenever possible," Morse said. "I can't comment on the specific parts of the separation agreement, as you know. [...] We all know, even if claims are meritless, they still cost the city money.

"Again, as the mayor of the city, I felt it was in the best interest of the city" to execute the separation agreement with Egan, Morse said.

Playing into the reasoning behind why Morse paid Egan $45,000 with a no-lawsuit provision was that the prospect of the city being sued by its just-departed head of the Law Department presented a particular kind of problem.

Cities are frequently targeted in lawsuits. What made an Egan lawsuit fearsome was it might have left the city's in-house legal team unavailable. Legal staff who had just worked for Egan would have difficulty mounting the city's defense against her, a source familiar with the details said.

Heather Egan 2013Heather G. Egan, in a 2013 file photo.
Another twist with Egan bringing a suit was her treatment of Law Department and other city staff – with several city employees on occasion reduced to tears – which contributed to Morse questioning the wisdom of Egan remaining as city solicitor, according to records and interviews.

Egan said being city solicitor meant being the City Hall "problem-solver," occasionally critiquing employees and representing management in collective bargaining with unions. Winning a popularity contest wasn't her goal, she said.

"As such, it is the solicitor's job to oversee not only the Law Department's employees and their work product, but also at times, the actions of other employees, department heads and elected officials," Egan said.

"So, to answer your question, whether or not three people cried in my presence, I cannot comment on. What I can say, from a general managerial perspective, is that when individuals are coached on their performance or their behavior, it is often not an easy experience for them," she said.

"What I can say, specifically, is that my working relationships had nothing to do with my departure from the city, nor my being paid $45,000 as a settlement / release," she said.

Part of what went into the thinking about negotiations with Egan on the separation agreement was that not only the city Law Department might be off limits if Egan sued the city. The outside counsel the city hired for various jobs such as to defend the city in certain lawsuits, Sullivan, Hayes & Quinn of Springfield, appeared to want no part of legal action involving Egan. That was partly because of the same potential for conflict the city Law Department staff would have had, having worked with Egan on legal cases involving the city, a source with knowledge of the issue's details said.

The city has Sullivan, Hayes & Quinn on retainer at $3,800 a month.

But Egan was critical of the firm and felt the firm was biased against her. The firm went so far as to remove a lawyer who was working in April on the language of the separation agreement as part of its retainer with the city and assigned another lawyer to work on the document, according to emails and text messages obtained by The Republican & MassLive.com.

Meghan Sullivan, of Sullivan, Hayes & Quinn, said in a Sept. 29 email responding to questions from The Republican and MassLive.com that it wasn't necessarily true that the firm would have disqualified itself from representing the city if Egan had filed suit. But she didn't elaborate.

In a Feb. 13 email, Meghan Sullivan said it was false to assert Sullivan, Hayes & Quinn (SHQ) was biased against Egan:

"Regarding your request for a comment alleging a bias against Heather Egan, no person at SHQ had or has any bias against Attorney Heather Egan. Just as the May 2014 reported media statements suggesting this firm authorized payment to Ms. Egan were false (and have been discovered to be so through public documents vetted in public meetings) - and just as the City Council's May 2014 accusations that we provided pro bono personal legal advice to the Mayor in violation of state ethics laws was false - any allegation that we possessed or maintained a bias against Ms. Egan is unfounded."
Morse disagreed that an Egan lawsuit would have strapped the city in terms of having legal representation.

"If it had gotten to that point, we're confident we would have been able to find an outside counsel," Morse said.

Sullivan, Hayes & Quinn – after harsh criticism of its performance in the Egan matter by members of the City Council during public meetings – has informed the city it won't renew their working agreement when the current one expires in 2016 and would be open to ending it sooner.

The city having to hire another outside legal firm raised the likelihood of a public fight with the City Council and its president, Kevin A. Jourdain, a lawyer. The City Council scrutinizes and must approve all city spending. Morse hiring another law firm would have registered on Jourdain's radar like an explosion.

Based on all of that, Morse decided paying Egan $45,000 with an agreement that prohibited lawsuits and public disclosure, and ended an acrimonious relationship, was the best deal the city could get. Confidentiality essentially was required by federal law because the agreement allegedly touched on medical issues, documents and sources said.

State Supervisor of Records Shawn A. Williams wrote in an Aug. 20 letter that while the city was ordered to release all records in the Egan separation agreement to The Republican and MassLive.com, the city was permitted to withhold Egan's personnel and medical files and records that constituted attorney-client privilege.

But as 2013 began, Morse wasn't thinking about a department head's medical issues. He discovered he needed a city solicitor.


Next chapter: Port in a Storm, Part 3 »


Port in a Storm, Part 3: Mayor Morse seeks a city solicitor

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Dozens of emails convey the same theme: The city solicitor was working from home.

HOLYOKE — The daily operation of government includes dozens of questions from department heads and staff about election laws, medical benefits, zoning and licensing issues, property rights and other matters.

So cities and towns either have an in-house legal staff or lawyers on retainer, or both.

The city solicitor usually is a mayor's key adviser, helping steer a course, unraveling legal knots, available to answer the mayor's questions large and small throughout the day.

On Nov. 12, 2013, Holyoke Personnel Administrator Robert Judge, on behalf of Mayor Alex B. Morse, emailed an unusual question to Kara Cunha, whose title was then second assistant city solicitor:

"Today I discussed the solicitor's absence with the mayor. The mayor asked me to provide him some information. To do so, I am hoping that you can simply tell me the last day that the city solicitor worked," Judge said in an email.

Just over an hour later, Cunha replied, "As best I can recall it would have been Wednesday October 9th."

It was a busy time for the mayor. By mid-November 2013, Morse had emerged victorious in a reelection campaign that was draining. Jeffrey A. Stanek, an accountant, put a scare in the Morse team by placing second to him in the primary election on Sept. 17, 2013 by only 3 percentage points. Morse defeated Stanek 54 percent to 46 percent on Election Day Nov. 5, 2013.

The day after Judge's email to Cunha, Morse sent an email to City Treasurer Jon D. Lumbra, then-City Auditor Brian G. Smith and Judge, saying Egan was fulfilling her duties as city solicitor and was to receive full pay.

But it would hardly be the last time Morse would ask about his city solicitor.

After working in Maine, Egan, a city native, began as city solicitor March 20, 2013. She was one of three applicants for the job. But Egan was the only one who qualified because she had a law degree and she lived here, the only one of the three applicants fulfilling the job's residency requirement, Morse said.

Egan earned a law degree at the University of Maine School of Law, in Portland, in 2005 and a bachelor's degree in sociology from Smith College, in Northampton, in 2002. She worked for the Troubh Heisler law firm of Portland, Maine from 2003 to 2010.

Egan received unanimous confirmation by the City Council. She replaced Elizabeth Rodriguez-Ross, Morse's city solicitor for his first year in office.

Rodriguez-Ross' tenure began on a rocky note with the City Council in February 2012. Councilors criticized her plan to reserve Thursdays to work on cases from her private practice from which judges had refused to release her. She worked nights and weekends to ensure all city work got done, she said, but was never able to shake the skepticism of some councilors whose concern about her work arrangement persisted. That concern even led the City Council to establish an ordinance that bans the solicitor from doing non-city work in court, but still allows for private-practice, after-hours work like reviewing a contract for someone.

Egan sailed through her confirmation hearing and began the $70,000-a-year job.

In June 2013, an early sign that Egan and Morse were on different pages emerged. Egan interpreted a city charter residency rule in a way critics said was intended to disqualify two Morse opponents in the mayor's race. Egan said she researched the residency section in the charter as a matter of course in her job as city solicitor. A source said Morse was angry because the perception was he ordered the Law Department to target opposing candidates, which he didn't. Egan dropped the matter.

Egan said recently she was unable to discuss the charter residency rule matter.

"I cannot answer this question as it is protected by attorney-client privilege," Egan said.

Egan's tendency to work from home would become an issue, as seen by the mayor asking in November when the last time was the solicitor worked, and would lead to concerns as she sought another leave in April.

Egan said, in an email to The Republican / MassLive.com and in back-and-forth emails with Morse obtained by the news organizations, that her work arrangement was done with the approval of Morse.

The Republican / MassLive.com requested records about Egan's attendance from the city. The city responded Sept. 5 — not with a straightforward listing of days that Egan worked and was out, but instead with 163 pages of emails from Egan to her staff and to Morse, most with the theme that she would be working from home on any days emails were sent. Parts of the emails were redacted, or blacked out.

Examples are shown in the interactive timeline below. Click or tap on the right side of the frame to advance through the messages:

Assistant City Solicitor Sara J. Carroll, Suzanne Beyer, principal Law Department clerk, and Cunha, who is now assistant city solicitor, declined to comment, with this statement from Cunha:

"The employees of the Law Department have no comment on the separation agreement executed between the city of Holyoke and former City Solicitor Heather G. Egan, nor on Attorney Egan's tenure as City Solicitor, as we are bound by the terms of the agreement regarding communications to third parties. All of our staff have worked diligently and extremely hard to handle the high volume of legal matters that are referred to the Law Department."

Egan said in a recent email that it appeared the city's decision to answer the public records request from The Republican / MassLive.com regarding her attendance with such emails was a way to cast her in a less than favorable light.

"Of course this is how it's being attempted to have it appear. Often when I had major briefs to write or legal proceedings / depositions to prepare for, I would work from my house, which was 5 minutes from the office, so that I could complete the work. The mayor always knew when I did," Egan said.

Egan said she excelled at being city solicitor and noted Morse had appointed her to a second term only a few months before they made the separation agreement.

"I believe I was an asset to the city, and conducted myself with unwavering professionalism at all times," Egan said.

"I had solid working relationships with many of my colleagues in the city and very rarely conflicted with anyone. While I sometimes worked from home with the express permission of the mayor, I also worked many more hours than were technically required of me.

"None of these issues, however, relate in any way to the city agreeing to pay me $45,000. I address them only because you've asked me to."

The haggling between Egan and city officials didn't stop after she officially resigned as city solicitor with the $45,000 payment on April 29. In a June 3 email to Morse and Judge, Egan questions why she wasn't being paid for unused vacation and sick time, noting: "The only time off was agreed to between the mayor and I as paid leave."

But, as Judge in emails appears to try to figure out the time Egan was eligible for and used and whether she was owed any, Personnel Assistant Kimberly Counter told Judge in a May 27 email: "Personnel's time and attendance records do not reflect any request for leave forms submitted and approved by Morse for Attorney Egan."

In a June 3, 2014 email to Morse, Judge said, "I have no knowledge of any agreement for 'paid leave' that would be above and beyond sick, vacation, or personal time. Please let me know if you want me to respond to her and if so, how I should respond."

Morse replied to Judge the same day: "My assumption, that I believe you verified, was that she has already exhausted her sick and vacation days (redacted). My assumption is also that she used all of her sick and vacation days in 2013 last fall when she was out. As you know, she used all of her time, and then I extended courtesy and allowed her to get paid despite her not having any more days."

In a long, strongly worded email to Morse on June 3, 2014, Egan, at this point, of course, the former solicitor, said that she had not used any of her vacation and sick time aside from one personal day. She demanded to be paid for unused time, threatening court action.

"You were aware of this both when you sent the contrived letter trying to set me up for discipline in retaliation by saying that I could no longer work from home without your permission, and if I was going to be out I would now need to fill out a time form; a new policy adverse to our past practice where I would always use comp time since I worked many nights and weekends!" Egan said.

In a June 23, 2014 letter to Egan, Judge said that upon review, it was found that the city did owe Egan for 7.08 vacation and sick days, or $1,898, "which is enclosed herewith."

Meanwhile, Morse was finding that making changes on the License Board wasn't easy and Egan was getting involved in a parking dispute – which was indirectly related to the License Board.


Next chapter: Port in a Storm, Part 4 »


Port in a Storm, Part 4: A clinic in Holyoke politics

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A possible whistleblower lawsuit the ex-solicitor threatened could also be related to a parking dispute. Watch video

HOLYOKE — Within the broader swirl of the drama playing out between Mayor Alex B. Morse and former city solicitor Heather G. Egan over a separation agreement for Egan, a dispute about the License Board presents a clinic on Holyoke politics.

In short, step into City Hall and you don't have to go far before crashing into political and personal ties.

At the heart of this part of the saga is, reluctantly, Jackeline Villegas, whose job is principal clerk. It is a full-time position that has her splitting time between the Board of Health and the License Board.

Villegas' husband is a brother of Carolyn Villegas-Bresnahan — an employee in the Board of Assessors office and the wife of City Councilor at Large Daniel B. Bresnahan.

Egan is old friends with Bresnahan and currently rents a house here owned by him and his wife.

In 2014, Morse instructed his team, led by chief of staff Rory Casey – also a cousin of Bresnahan's – to review municipal departments to increase efficiency and responsiveness to the public. The review included assessing positions and possibly transferring positions between departments, Casey told the City Council Ordinance Committee on July 29.

No additional money would be needed for the position changes, one of which envisioned creating a post of licensing director, Casey said.

The mayor had proposed department changes that included some for the License Board. But the Ordinance Committee, during its July 29 meeting, was discussing a dozen License Board proposals, one of which happened to be a plan to establish a full-time job of license inspector. All of the proposals were filed by Ward 7 Councilor Gordon P. Alexander, whose partner is Timothy Grader, chairman of the License Board.

Alexander said he proposed the license director position without knowing Morse was in the midst of a departmental restructuring that included a similar plan.

Currently, the city's licensing personnel consists of the three-member License Board appointed by the mayor and subject to City Council confirmation, and a part-time clerk – Villegas. The job description of Villegas' position precludes the clerk being sent out to enforce licensing conditions, officials said.

As Morse explained, "Reorganizing the License Board is something we've been looking at as part of a larger reorganization that aims to increase productivity and enhance customer service in city departments. ... With the current configuration there is little to no enforcement, and no cross training of staff, which can mean delays for prospective business owners."

Discussions about the proposed changes led Egan to object, arguing that the plan appeared to include ousting Villegas from the union. (The union was then known as Service Employees International Union, Local Local 888, and now is National Association of Government Employees). Egan expressed concerns the union would oppose the move on the grounds it reduced dues-paying membership, sources said.

Egan, interviewed for this story, said she was unable to discuss matters related to Villegas and the mayor's proposed License Board changes. "I cannot answer this question as it is protected by attorney-client privilege and our settlement and release," Egan said.

Union officials haven't returned calls or emails seeking comment.

By the time of the July 29 Ordinance Committee meeting, two months had passed since Egan left her position. But the fallout from her departure and the silence about the $45,000 continued fueling both talk and official action, such as an ongoing filing of orders about the issue by city councilors.

City Hall speculation spilled into the public July 29 committee meeting. Among the questions was whether Villegas would get the job of licensing director with the plan being that she would be fired after a few months in favor of someone the Morse administration found more favorable.

Council President Jourdain asked Casey bluntly at the July 29 meeting if the plan was to move Villegas in some way.

Casey said the plan didn't include squeezing out Villegas.

"She's a union member and she does do a great job," Casey said.

The intention was to advertise the job and assess candidates, he said.

Alexander said in a recent interview his proposed changes at the License Board were intended to make that part of city government work better. His proposals include having licensing-related duties currently under the authority of the City Council reassigned to the License Board, for example.

But with staffing that includes only a part-time clerk who lacks enforcement authority, Alexander said, the key License Board change would be to establish a full-time inspector.

"The license commission needs to do this, the license commission needs to do that, but there's nobody there to do it," Alexander said.

The proposals had nothing to do with targeting Villegas, who would be free to apply for the job if a license inspector position were created, he said.

He and Grader have talked about his License Board proposals, he said.

"So have we discussed it? We probably haven't had lengthy discussions, but he's certainly aware I've proposed that," Alexander said.

As for why he hasn't stated during public meetings about the proposed License Board changes that the board chairman is his partner, Alexander said that aside from the possibility the proposals could make the board chairman's job easier, "It didn't cross my mind that it's relevant."

Months earlier, though, Egan had remained unconvinced Villegas' job wasn't in jeopardy. So strong was her belief that she raised the possibility of filing a whistleblower lawsuit over the proposed License Board changes on the grounds the plan involved an illegal movement of a union position, sources said.

It turns out, Egan might have had another reason to protect Villegas.

The Holyoke Public Library has been back in its 250 Chestnut St. home since November 2013. But for nearly two years before that, while the library underwent a $14.5 million renovation, the facility and its staff occupied temporary quarters in the City Hall auditorium. That meant more parking spaces than normal were being taken by municipal employees in the lot behind City Hall, accessed via Dwight Street.

jackiespot.jpegThis spot on the deck behind Holyoke City Hall is where a parking dispute allegedly occurred between Jackeline Villegas, a principal clerk for the city, and former city solicitor Heather G. Egan in May 2013. 

Villegas and Egan clashed in the parking lot on the morning of May 7, 2013. Villegas parked her vehicle only to be ordered by Egan, who strolled over to her, to move because she had parked illegally. Staffers said parking enforcement officers had been told to avoid excessive ticketing while library staff worked in City Hall.

But the city solicitor's authority includes being the highest municipal power in enforcing parking rules, and Egan ordered a parking officer to ticket Villegas three times. The ticketing led to the union filing a grievance.

A question arises: By the time discussions about changes at the License Board came together, was Egan's threat to file a whistleblower lawsuit actually based in a concern that an ousting of Villegas could have been seen as her doing, a retaliation stemming from their parking-ticket dispute months earlier?

Egan again said she was unable to comment on matters related to Villegas or changes Morse wanted to make at the License Board about which she might have had concerns.

"I cannot answer this question as it is protected by attorney-client privilege and our settlement and release," Egan said.

Councilors continued to say that the agreement and payment Morse gave Egan and the silence around it raised questions taxpayers deserve to have answered.

Bresnahan said during a May 28 meeting of the Finance Committee, "It appears the solicitor left because there's something the mayor may or may not have asked her to do. It just seems that common sense said she must have something on him or he must have something on her, although she didn't pay him to leave, he paid her to leave."

Bresnahan has been a critic of Morse's on matters that include the mayor's refusal to consider casino gambling proposals here and his February 2012 appointment of Damian J. Cote – husband of supporter and City Councilor at Large Rebecca Lisi – as building commissioner.

So yet another line of speculation in the wake of the Egan-Morse $45,000 separation agreement and its clause about sealed lips was that perhaps Morse was targeting Villegas to get back at Bresnahan, and Egan objected. A source familiar with Morse's plans said that also was untrue.

Villegas declined to comment for this story. In May, Morse, Villegas and a union official signed a memorandum of agreement in which the union withdrew the grievance filed over the parking issue, and the city reimbursed Villegas $165 for the parking tickets.

Bresnahan said he and Morse are far from close, but he believes whatever changes Morse planned for the License Board have nothing to do with Bresnahan and Villegas being related.

"We're not buddies, but buddies or not, I have no ill feelings toward him. Bottom line, he's still my mayor like he is for 40,000 other people. Whatever caused Heather to leave, I don't think it had anything to do with" Morse targeting him, Bresnahan said.

The various proposals regarding the License Board are under consideration in City Council committees.

Meanwhile, Morse and Egan stick to their public refusals to specify why Egan's separation agreement included a payment of $45,000 – but that doesn't mean no one's talking.


Next chapter: Port in a Storm, Part 5 »



Port in a Storm, Part 5: Lawsuits and casino dealings in Holyoke

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Egan insisted on payment in order to forfeit her right to file lawsuits and to refrain from disclosing her objections about casino mitigation talks, sources said.

Part 5: Lawsuits and Casino Mitigation

HOLYOKEHeather G. Egan refused to say whether a whistle-blower lawsuit about Mayor Alex B. Morse's proposed License Board changes is one she would have filed against the city had the separation agreement lacked a payment.

In fact, it appears the two sides might have come away with different opinions about why the separation agreement and the accompanying $45,000 payment were executed.

A source with knowledge of the agreement's details said the fear was Egan would argue that the city's inability to accommodate her caused a chronic medical condition to get worse — so, the decision was made to agree to a payment to avoid such a lawsuit. Such an impasse might have been resolvable otherwise had relationships not deteriorated, the source said.

Egan said again that a leave she had planned to take in the spring of 2014 had nothing to do with her resignation as city solicitor or the separation agreement executed between herself and Morse, but she declined to elaborate about the leave.

Two officials have previously alluded in stories published by The Republican and MassLive.com to "medical" matters having a role in the Morse-Egan separation agreement. One was Assistant City Solicitor Kara Cunha in June saying some documents the news outlets sought were off limits because they constituted "personnel and medical files or information."

The other reference to medical matters having a role in the Morse-Egan separation agreement came from state Supervisor of Records Shawn A. Williams in a story published in September. In an Aug. 20 letter to Cunha, in response to an appeal by The Republican and MassLive of a public records request denial, Williams said certain records must be released but among those the city could withhold were Egan's personnel and medical files.

Another source said Egan required that the separation agreement include a payment in return for her agreeing not to file a whistleblower lawsuit over changes Morse was planning for the License Board. Egan believed the changes included ousting a License Board clerk from the National Association of Government Employees and that such a step was illegal, the source said.

Morse said he was unable to discuss which potential lawsuits from Egan might have concerned him, bound by the nondisclosure terms of the separation agreement.

Egan, again, wouldn't discuss the specific lawsuits she might have filed had Morse declined to provide a separation agreement with payment, though she did note the agreement included a long list of potential lawsuits.

The 10-page separation agreement – drafted by thelaw firm Sullivan, Hayes & Quinn – includes a list of 33 claims, or kinds of lawsuits, Egan agreed not to file against the city. The list includes Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Americans with Disabilities Act of 1990, the Equal Employment Opportunity Act of 1972 and lawsuits under any state or federal whistleblower statute.

Casino talks

Egan was proud of her work with Morse in the casino mitigation talks with MGM Resorts International, a source said. The city received a pledge of jobs, $50,000 up front and approximately $85,000 annually from MGM.

Egan's boss was pleased with her work on the MGM deal, as well, as Morse said in a Jan. 13 press release: "This agreement would not have been possible without the hard work of City Solicitor Heather Egan."

What concerned Egan, a source said, was the participation in the MGM talks of Casey, a former aide to state Rep. Aaron M. Vega, D-Holyoke, and founder of CRUSH, Citizens for the Revitalization and Urban Success of Holyoke. Casey wasn't a city employee or officially representing the city at the time of the meetings with MGM. But he was in the negotiations and included in emails about mitigation details before the Holyoke-MGM agreement was made public later in January, a source said.

An agreement to refrain from publicizing such concerns is partly why Egan insisted on a separation agreement that included a payment, a source said.

Egan said she was unable to comment on the assertion that Casey's involvement in the casino mitigation discussions was enough of a concern that it became partly why she required a separation agreement include a payment.

"I cannot comment on whether or not the mayor involved Casey in privileged negotiations, or any other forum, before becoming an employee, as this would violate the attorney-client privilege," Egan said.

Morse said he was unaware that was even a concern of Egan's until questioned by The Republican / MassLive.com on Dec. 9, 2014.

"First time I heard that. There would be nothing wrong with that. It's true. He did participate and was effective. I invite people to meetings everyday, some are city employees, some aren't," Morse said.

Casey said his participation in the MGM meetings was during a transition period between accepting the job offer from Morse and starting the job as chief of staff.

"The mayor invited me as he felt it would be important to have a full understanding of the surrounding community status. My role was as an observer," Casey said.

"I'm at a loss to understand how anyone would find it inappropriate for a soon-to-be employee to sit in on a meeting at the request of their new employer. Especially one involving an important topic they would have to be well versed in," Casey said.

Egan never raised Casey's participation in the MGM talks as a concern, at the time or later, he said.

One point Egan was clear about was her lack of fondness for Sullivan, Hayes & Quinn.


Next chapter: Port in a Storm, Part 6


Port in a Storm, Part 6: Holyoke councilors question origins of agreement

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Councilors tried to get the law firm to define who the client is when the client is "the city." Watch video

HOLYOKE — The Springfield law firm of Sullivan, Hayes & Quinn was established in 1976 concentrating on labor and employment law, and by the time the organization celebrates its 40th anniversary in 2016, it apparently will do so without Holyoke as a client.

The firm has soured on the city. That came after lengthy and harsh public clashes with city councilors in public meetings last year over the separation agreement that Mayor Alex B. Morse made with former city solicitor Heather G. Egan that included a $45,000 payment and a pledge of silence about the agreement's details.

As Morse and Egan hammered out the particulars of the separation agreement in emails and text messages in April, Sullivan, Hayes & Quinn was a frequent topic, just as the firm was a focus in meetings of the City Council Finance Committee May 28 and June 16. (Video of the May 28 meeting is available online.)

In an email at 9:58 a.m. on April 23 to Morse, Egan objected to what she perceived as the involvement of the law firm's Meghan Sullivan in the drafting of the separation agreement.

"Meghan is making this much more complicated as (is) necessary, which is why I didn't want to agree to use her," Egan said.

At 4:16 p.m. on April 23, Morse emailed Egan to note that despite her objections about Meghan Sullivan, Sullivan was no longer the lawyer working on the separation agreement draft. The firm's Layla Taylor was now handling the draft, he said.

At 7:03 p.m. on April 23, Egan emailed Morse with additional concerns about how the payment would be categorized in terms of taxation. She suggested names of prominent local lawyers for Morse to contact about such wording and referred to Sullivan, Hayes & Quinn with the initials "SHQ.," writing, "I feel anyone at SHQ is biased at this point."

At 12:11 a.m. on April 24, Egan, while discussing phrases in the agreement, took another shot at Sullivan, Hayes & Quinn in an email to Morse: "I think it would behoove us both for you to speak with a lawyer outside SHQ ..."

Egan said in an email to The Republican / MassLive.com on Feb. 11 that she was unable to comment when asked what about Sullivan, Hayes & Quinn made her concerned about possible bias. "I cannot answer this question as it is protected by our settlement and release, as they were an 'agent' of the city," Egan said.

Megan Sullivan said in a Feb. 13 email that it was false to assert Sullivan, Hayes & Quinn was biased against Egan:

"Regarding your request for a comment alleging a bias against Heather Egan, no person at SHQ had or has any bias against Attorney Heather Egan. Just as the May 2014 reported media statements suggesting this Firm authorized payment to Ms. Egan were false (and have been discovered to be so through public documents vetted in public meetings) - and just as the City Council's May 2014 accusations that we provided pro bono personal legal advice to the Mayor in violation of state ethics laws was false - any allegation that we possessed or maintained a bias against Ms. Egan is unfounded."

Sullivan reiterated statements the firm made to the City Council Finance Committee on June 16 in a heated session in which the firm brought eight lawyers to City Hall and submitted an eight-page, multi-point statement. The message from the firm: Its lawyers didn't negotiate with Heather Egan, didn't authorize or recommend a payment to Egan and didn't suggest that a separation agreement was the city's best step regarding Egan.

Sullivan acknowledges the firm did draft the document that became the separation agreement at the request of Morse.

In its statement to the City Council, the firm said it did raise the question of whether funding for a separation agreement payment should be subject to City Council appropriation.

Sullivan said the news organizations never published those statements from the law firm, which is untrue. Parts of the multi-point statement the firm submitted at the June 16 City Council Finance Committee meeting were included in live coverage of the meeting, along with extensive reporting about comments made to councilors in that meeting by Meghan Sullivan and Frederick Sullivan.

"Our limited role in the Egan matter was disclosed to you, the City Council and the public, in writing, on June 16, 2014," Megan Sullivan said in the Sept. 29 email to The Republican / MassLive.com.

"We neither raised the issue of the Egan Agreement with the City or Ms. Egan and we did not recommend the amount of the sum paid," she said.

Meghan Sullivan concluded the Sept. 29 email to The Republican / MassLive.com with what appeared to be a warning:

"We trust you are familiar with legal concepts relating to knowingly repeating false information and concepts of malice and we reiterate our respect for concepts of journalistic integrity and professionalism.

"Since June 16, 2014 you have known the truth of this Firm's limited involvement as well as the fact that we are not the story."

On the night of June 16, the firm of Sullivan, Hayes & Quinn was very much the story to council President Kevin Jourdain, Finance Committee Chairman Todd A. McGee and councilors such as James M. Leahy, Linda L. Vacon and Daniel B. Bresnahan.

Councilors were arguing that as elected officials and members of the body authorized by the city charter to approve spending, they were unjustly being blocked from details about why Morse paid Egan $45,000.

Councilors peppered Meghan Sullivan and Frederick Sullivan with questions about who qualified as "the client" – and thus eligible to receive information limited to those with access to the attorney-client privilege – when the client was "the city."

"I see us as the client," said Jourdain, regarding the City Council.

The firm's June 16 statement to councilors says in response to the question "Who is the client?" that the answer is: "The city of Holyoke."

Fred Sullivan said the firm doesn't see the different departments of the city, but the city itself, as being its client.

"They represent the city of Holyoke, not the City Council, not the executive per se," Sullivan said.

"Great," said Jourdain. "Now how does this function?"

Jourdain asked if the city solicitor is supposed to be the "gatekeeper" of which departments and individuals of "the city" enjoy the "privilege" of getting details about certain cases, such as the Egan exit agreement.

"How is it there could ever be a situation where I just can't go to you to find out what's going on?" Jourdain said.

Meghan Sullivan said, "What was just stated was it's never our decision" whether privilege has been waived.

"Then who's decision is that?" Jourdain said.

Meghan Sullivan reiterated that a prime concern in such cases is to maintain the privacy rights of public employees.

Jourdain then asked who the firm needed to hear from – and how – in order for the City Council to get information in the future.

"Who do you need to hear from in the city?" Jourdain said.

Meghan Sullivan said such a question is decided by the city Law Department.

"That would be the direction we would follow," she added.

"So the city solicitor," Jourdain said.

"The Law Department," Sulllivan responded.

Jourdain, attempting to summarize the process, asked if someone at Sullivan, Hayes & Quinn would pick up the phone, call the city Law Department and speak to whomever answers. His point, he said, was that there must be a specific person who is considered authorized to deal with such issues.

"That's not at all what I just said," Meghan Sullivan responded.

Kara Cunha, second assistant city solicitor at the time, stepped in and told councilors that in each case, which employee in the Law Department would handle such issues about access to attorney-client privilege information would depend on the circumstances.

"Ultimately, it's the mayor (who decides)," Cunha said.

Jourdain said the process that transpired is that the City Council had fallen outside the scope of attorney-client privilege, that a law firm working for the city kept information from the City Council. He will take steps to stop that from happening in the future, he said.

"That's crazy. That's dysfunction in government," Jourdain said.

McGee, a lawyer, told the firm's representatives during the June 16 meeting that he has always been a fan of Sullivan, Hayes & Quinn. But, he said during that public meeting, the firm's statement that night about what constitutes "the client" and "the city's privilege" is "as clear as mud."

Leahy, a councilor at large, told the representatives of the law firm and Morse the issue with Egan getting paid $45,000 and the City Council and public being unable to learn why was troubling.

"We have to ask the tough questions. This is why I was elected," said Leahy, continuing that if those being questioned dislike that, "Quite frankly, I don't care."

"It doesn't pass the smell test," he added.

Vacon, the Ward 5 councilor, said the name for what Morse and Egan had come up with should be not a separation agreement, but "an avoid a lawsuit agreement."

"I just think it stinks," Vacon said. "And I don't need to be a lawyer to know that's wrong."

In a June 27 letter from the firm's Frederick Sullivan to Morse, Sullivan cited the councilors' questioning at the June 16 meeting as a reason the firm decided not to renew its contract with the city when the current one ends July 31, 2016.

In the firm's nearly 40 years, this was the first instance of the lawyers deciding against renewing with a client, Sullivan wrote in the letter to Morse, calling the situation "an extraordinary case matched by an extraordinary reason."

"We are constrained to avoid the risk of dispatching any of our colleagues to possibly endure the proclivity of similar abuse and unfounded, public defamatory professional attacks unleashed merely because of the exercise of the highest professional ethics and competence on behalf of the citizens of Holyoke," Sullivan said.

The exact nature of Sullivan, Hayes & Quinn's involvement in the Morse-Egan separation agreement appears to be elusive.

In a Nov. 5 interview in his office, Morse disputed Sullivan, Hayes & Quinn's assertion that they were entirely absent from negotiations with Egan. In fact, he said, regarding the extensive back-and-forth emails he and Egan exchanged in establishing the separation agreement, every email reply he made to Egan he first sent to Sullivan, Hayes & Quinn to review.

"I was in communication via emails with Sullivan, Hayes & Quinn every step of the way," Morse said.

Asked about this statement from Morse, Meghan Sullivan reiterated the firm's position in a Feb. 13 email, using "SHQ" to identify the firm.

"... there should no longer be any dispute that SHQ did not negotiate the terms of the agreement and did not recommend the amount that was paid" in the separation agreement to Egan, she wrote.

Sullivan noted Morse has said he received advice on dealing with the separation agreement from a lawyer not employed by Sullivan, Hayes & Quinn whom the mayor has declined to identify.

"SHQ did not negotiate or recommend the settlement amount paid to Ms. Egan. Period," Sullivan wrote in the Feb. 13 email.

But later in that email, Sullivan said, "Therefore, to the extent you are seeking comment on an assertion that SHQ was 'contacted every step of the way,' we have never denied that the Mayor communicated with us as counsel for the City regarding the decisions he made."

Meanwhile, the Morse-Egan negotiations on the separation agreement offer a look at government by text message and email.


Next chapter: Port in a Storm, Part 7


Port in a Storm, Part 7: Final negotiations between Alex Morse and Heather Egan

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The mayor and his outgoing city solicitor emailed and texted their way to a $45,000 separation agreement. Watch video

HOLYOKE — Achieving a separation agreement that was satisfactory to both sides wasn't easy, judging from the exchange of emails and text messages in April between Mayor Alex B. Morse and Heather G. Egan, his soon-to-be-ex-city solicitor.

Once they agreed in early April it was best they part ways, the flurry of emails and texts between Morse and Egan leading up to the April 29 agreement show that a volley of bickering about how much money Egan would get, and warnings to each other to withhold agreement details from the public, were to play out before they signed the document.

Don't tell anyone

The desire to hide the separation agreement was a recurring theme in the Egan-Morse emails and texts.

"Per our agreement, I continue to intend to agree to keep all matters between us on the belief that you will not go back on your word and my job is secure until we reach an agreement otherwise," Egan texted Morse April 17. "I believe we are acting in the best interest of each other and the city handling this unfortunate situation amicably ..."

Five days later, on April 22, Egan wrote in another text: "I assume you'd like to keep this as confidential as I do."

Lawsuits clearly were a concern of both sides.

"A release from the city or its agents suing or filing a complaint against me, in any forum, for anything related to my employment would be necessary," Egan wrote in an email to Morse on April 22.

In an email reply the same day, Morse told Egan a release of all claims by the city against her was "not acceptable."

"I cannot release claims by the City Council or other officers of the city against you without their permission," Morse said.

Egan replied that Morse was wrong. As mayor, he had authority to waive all claims – the right to file lawsuits – on behalf of the city, she said, referencing the City Council as "CC."

"You need not seek CC approval for this any more than you do to contract at all," Egan said.

The separation agreement ultimately included a condition that bars Egan from seeking a job with the city while Morse is mayor, but she is free to return to municipal employment here after he leaves office. She's also free to run for elected office under the agreement.

But in an early draft, Morse objected to the "future employment provision" as being too broad, prompting this reply from Egan:

"I am open to negotiating this. I will look at proposal. I have been approached in the past by future mayoral candidates asking if I would be solicitor if they win, and I want to leave this open as an option. If you are against it, we can limit it, as a new executive could invalidate the provision with mutual agreement with me," Egan said.

Related Emails Provided to The Republican and MassLive

April 23 was a busy day of emails between Morse and Egan as they tried to forge the parting document. Egan emailed Morse to say the payment she was to receive shouldn't be subject to tax withholdings.

"I don't want to spend a ton of time on this. It cannot come back one-sided, to benefit only the city and not protect my interests, which is how it has been," Egan said.

Morse emailed six minutes later that the payment to Egan in the separation agreement would be considered wages, and thus taxable.

"Look over the rest of the agreement and let me know what else are concerns so we can get this done," Morse said.

On April 24, Egan, in a lengthy email, revisited parts of the draft agreement, including urging Morse to include a no disparagement clause, which eventually was written into the agreement.

"No disparagement protects us both (as the mutual waiver does) (so) I'm not sure why that was removed. If you want it out I don't really care. I (d)on't plan on disparaging you - and if someone disparages me in the future, it is not protected activity under (the) agreement anyway," Egan wrote.

Morse replied, "We will put in disparagement language that is acceptable, and work on mutual release language."

Tension is seen in an April 28 email from Morse to Egan, parts of which were redacted to hide the kind of claim, or lawsuit, Egan might be considering.

"A lump sum payment without deleting affirmations that indicate you do not have a [redacted] claim are unacceptable," Morse wrote. "If you (do) not want to accept the Agreement as drafted and believe that you have a claim (phrase blacked out), then you are free to file a [redacted] claim and the city is prepared to defend it but that means the separation agreement would be off the table."

Egan emailed Morse later on April 28 to say she had consulted two lawyers, whom she didn't identify, about concerns she had about the proposed separation agreement. Egan argued that limits on the city filling lawsuits against her, also, should be included in the agreement.

"I explained to you numerous times that mutuality in the release is paramount," Egan said in the April 28 email to Morse.

Also on April 28, further discussing the wording of the separation agreement, Egan again argued that Morse was wrong in one sense regarding his authority over the City Council. Morse could, in fact, specify that the City Council was among city departments that would be prohibited from filing claims, or lawsuits, against Egan, under the separation agreement, she said.

"Also, I would think you would want to cover all bases so that it doesn't look like there is something we are hiding, which is how it appears," Egan wrote.

Egan unloaded on Morse later in that same email:

"Regarding my conduct, I don't think that's a conversation you really want to have, as I have never been anything but a model employee, which you have touted publicly and is evidenced by you just reappointing me. The letter Meghan (Sullivan) drafted is full of misrepresentations that I could easily show is a pretext. I think it's best we focus on resolving this rather than making veiled threats, which is what that seems like," Egan wrote.

Morse replied 11 minutes later: "OK will let you know. Will get back to you."

Negotiating the number

"You would think you'd want to avoid making this public to the extent it's protectable," Egan wrote in an April 28 email to Morse.

Morse emailed Egan a few hours later on April 28: "My assumption is that neither of us will or should relay our conversations and/or information about the agreement."

Numerous text messages also flew between Egan and Morse – including a number of messages on April 17 and 18 – and that appears to be how they conducted much of the negotiation about the payout amount.

A source with knowledge of the details said Egan began by demanding $130,000, to cover her salary for the rest of 2014 and 2015. Egan denied to The Republican / MassLive.com that she initially sought that much.

In a text to Morse on April 17, Egan said, "I'm not moving under that number," apparently a reference to the later agreed upon $45,000.

That was followed by another text a minute later from Egan, "My lawyer saying nuts to go below 70."

Morse replied by text, "We are self insured. Pay unemployment."

"It's still through a third party admin pursuant to governing state law," Egan said in a text, followed in the same minute by another: "Like I said, if they are saying it's not a problem, let them put in the language I just suggested and I'll do 45. I can't go lower."

Morse: "What are you saying about taxes? Anyone would pay taxes."

Egan: "If we do it under the personnel line item as a settlement for some other reason aside from [redacted] severance...[redacted] or something? It can be avoided .. if it's done like that and not as a severance, there can be no taxes."

Morse: "OK, 40 ... is a lot. Talk later or soon."

Egan: "Is not a lot and is far less than I had intended. 45 is fair."

Morse: "And to get this done need to stay in those lines...Can't take another course...OK."

Egan: "Neither (of us) is going to be free of this stress til this is done, so I just want to make it happen which is why I've come down so much. I can't deal with this stress. I'll talk to you soon."

Morse: "OK sounds good."

Egan: "The number needs to be 45...I wasn't going to come under 50, and I felt that was a low number."

Morse: "You should email me the suggested changes so I can review. Very hard for me to go above 40 to be honest. 42.5 is all I can really do. I'm hoping your language changes aren't drastic and are reasonable."

Egan: "Alex, 45 has to be the number."

Morse said in an interview the $45,000-range of figures became the amount discussed because that was what he felt was appropriate. Critics often say city government should be run more like a business, he said, and separation agreements with payments are common in business.

"Obviously, my intent was to keep that number as low as possible," Morse said.

The locks are changed

Morse and Egan exchanged texts on April 30 expressing concern their secret might be revealed:

Morse: "And you haven't spoken to councilors about this have you."

Egan: "I'm ignoring everyone" and "Leaks are from your end" and "Haven't spoken to a soul" and "What are you hearing? Do people know about agreement?"

Morse: [Entire response redacted.]

Egan: "Wtf."

Morse: "I honestly don't know anything. [Redacted] only knows about transfer. Contract was blacked out."

Late in April, with the separation agreement still unsettled, Egan expressed anger upon learning Morse ordered the locks changed on the doors to the Law Department office on the second floor of City Hall Annex.

"I'm not sure what on earth type of threat you see me as that you had to have the locks changed, but clearly the word is going to spread that you've locked the solicitor out and given Kara the keys! But obviously that will raise questions. Let's just get this done. I'm tired of it ...," Egan said in an April 28 email.

In an email the next day, as Egan and Morse discussed the wording of a press release about her exit, Egan said, "Something about the locks MUST be included so I do not look bad. I still don't get why you did that??!!"

Morse replied minutes later, "Not good idea to include locks as that will become the story. We will provide a response if questions are raised about it. I think our positive comments will overshadow that, again, we mention locks that will complicate the story. Get back to you."

At a June 16 meeting of the City Council Finance Committee, Councilor Daniel B. Bresnahan asked why the Law Department locks were changed.

Assistant City Solicitor Kara Cunha said the locks were changed after the Egan exit agreement. A number of employees with keys to locks have worked for the Law Department in recent years, she said.

So, the locks weren't changed specifically in relation to Egan, Bresnahan said.

"Were any of those locks changed after any of the previous city solicitors" and other staff attorneys left, Bresnahan asked.

Morse said there were a number of reasons why the locks were changed, without elaborating.

In the Nov. 5 interview, Morse said the Law Department locks were changed as a precaution based on numerous employees having worked and left the department in recent years with some failing to turn in their keys.

"It wasn't specific to Heather," Morse said.

Asked her thoughts on why the locks were changed at the office of the City Solicitor, Egan said in a Feb. 11 email, "I cannot presume to suggest what was going through (Morse's) mind when the locks were changed; I can only presume it had to do with my resignation."

As for the extensive emails and texts attributed to her in the pages of documents The Republican and MassLive.com received in public records requests, Egan was asked whether they really were her words.

"Some yes, some no, some taken out of context, some protected by law," Egan said.

In the late afternoon of April 29, Morse, apparently with Egan's approval, released a two-paragraph press release about her departure:

"City Solicitor Heather Egan, citing personal reasons, has formally resigned from her position today. Heather has served the city faithfully and her dedication and legal talent was a great asset. I wish her the best of luck in her future endeavors.

"Heather thanked Mayor Alex Morse for the opportunity to serve the city. 'It has been an honor to work alongside the mayor, the City Council and the dedicated staff of the city, and I look forward to giving back to my hometown in a different capacity.'"

Shortly after, it became known that Egan's departure included a payment of $45,000.

Egan is prohibited under terms of the separation agreement from working for the city as long as Morse is mayor. She said recently that since resigning as city solicitor, she has continued to practice law.

"I have done a variety of contract work, and am currently determining whether I should join another firm locally, open my own practice, or work in a corporate environment," she said in an email.

She concluded with what appeared to be a joke. Punctuated by a smiley face "emoticon," Egan said that perhaps some day she would run for mayor here.


Heather Egan separation agreement provided to The Republican and MassLive


Evan Falchuk, Smith College Prof. Andrew Zimbalist leading forum on Massachusetts' 2024 Olympic bid in Northampton Sunday

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The 2024 U.S. Olympic bid being pursued in Massachusetts is the subject of discussion at a community forum being held today in Florence.

NORTHAMPTON — The 2024 U.S. Olympic bid being pursued in Massachusetts is the subject of discussion at a community forum being held today in Florence.

Evan Falchuk campaigns in SpringfieldEvan Falchuk, the United Independent Party chairman.

Led by United Independent Party Chairman Evan Falchuk and Smith College Professor Andrew Zimbalist, the forum is expected to draw local elected officials and citizens and is free to the public.

Zimbalist is a professor of Economics at Smith College and author of "Circus Maximus: The Economic Gamble Behind Hosting the Olympics and World Cup," which examines the economic impact and legacy hosting the Olympic Games has left on host countries of the past. The book was released in January.

Falchuk, since winning three percent of the vote in November's gubernatorial election, has officially established his United Independent Party in Massachusetts. In addition to his goal of enrolling 50,000 people in the party by the end of 2015, Falchuk has been working to establish a binding statewide referendum where voters will be able to decide whether Boston does in fact host the 2024 Olympic Games.

Falchuk is opposed to the bid, and has warned that despite statements by proponents that no taxpayer money will be used to fund the Olympic Games, history shows otherwise.

"Like so many people in Massachusetts, I'm a sports fan and enjoy the competition of the Olympic Games," Falchuk said previously. "Yet we cannot avoid the reality that the Olympics are a business, and one with a track record of massive cost overruns where taxpayers end up stuck with a huge bill."

Anyone interested in attending the community forum, which is the first of its kind to be held outside of Boston, should head to the Florence Community Center, 140 Pine St., by 2 p.m.

For more information, visit the United Independent Party's website here.


Vietnam War: 50th anniversary of start of ground campaign stirs veteran's memories of lost friends

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Walsh was a newly minted lieutenant when his company of 200 men were involved in an assault on a North Vietnamese stronghold in 1965, recalled the stifling hot day when he first experienced the horrors of war. Watch video

SPRINGFIELD — As veterans of the Vietnam War mark the 50th anniversary of the beginning of the ground war there, local Marine veteran Daniel M. Walsh said memories of conflict and lost platoon members have been flooding back to him.

"Fifty years, I can't believe it," he said on Friday during a interview at his home on Magnolia Terrace. Walsh, a former Springfield city councilor and husband of Councilor Kateri Walsh, sat in his second floor study surrounded by photographs of members of his platoon and military memorabilia including poster and model aircraft.

Walsh, who was a newly minted lieutenant when his company of 200 men were involved in an assault on a North Vietnamese stronghold in 1965, recalled the stifling hot day when he first experienced the horrors of war.

His company lost 10 men and 20 more were wounded, including Walsh, who is a Bronze Star recipient.

Before Walsh was wounded on his right side by a shot from enemy fire, he witnessed the death of his friend, Staff Sgt. Leonard Lenny Hulquist, who was fatally shot by the enemy.

Hulquist, a graduate of Boys Town, Nebraska, had three young daughters back in the states.

 

That memory was one of many that still haunt Walsh on this weekend's anniversary. Many of the men he served with called him or emailed him this weekend to recall how fortunate they had been.

One friend contacted Walsh to tell him that he had obtained the email of one of Hulquist's daughters, Melody.

Walsh contacted her immediately.

"Your father died in my arms ... on Hill 50 in South Vietnam," Walsh wrote. "In my home office, I have a picture I took of your father returning from the tailor's shop where he had sewn on the 12-year mark (chevron) in his Marine career."

mar081965.jpgView full sizeThe Springfield Union on March 8, 1965 leads with stories on the landing of Marines at Da Nang in Vietnam. 

The photo was taken in Okinawa a couple of months before the group landed in Vietnam.

"He was so proud to be a Marine, and he was one of the best the Corps ever had," Walsh wrote. "Not a day goes by that I don't have a little chat with your father. I miss him still and I am so sorry that you did not have this incredible man for you and your sisters to grow up with."

Later on that bloody day on Hill 50, Walsh was also hit, but was saved by another platoon member, Patrick Barth, who lives outside of Atlanta.

Barth also gave Walsh a call. "I spoke with him today and I thanked him again," he said.

The two remain good friends and see each other often.

With the perspective of 50 years, Walsh said he believes the Vietnam War was a mistake.

Walsh said he sensed that the Americans were despised and unwanted in Vietnam from his first days there. But he said his men heard little about anti-war protests back in the states. "We were doing our jobs," he said.

Walsh said he has come to believe that war is futile and he prays daily for the those who serve in war-torn countries from Afghanistan to Iraq. "We've been at constant war since 1965," he said.

For those who continue to serve, Walsh has the utmost respect. "They're doing their job, protecting our freedoms," he said.

March 8 marks the 50th anniversary of the beginning of the ground war in Vietnam with the deployment of 3,500 Marines.

By war's end on April 30, 1975, nearly 3 million service men and women fought in the conflict that would take the lives of more than 58,000 Americans.

Of those who served during the Vietnam War, 258 were awarded the Medal of Honor. More than six out of 10 award recipients made the ultimate sacrifice, giving their lives while performing the courageous acts for which they were later honored. American military advisers had been involved in South Vietnam since the 1950s.


Landlords offer new space for Springfield health and human services department, but move from casino site will cost plenty

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The Department of Health and Human Services must move its offices from the path of the MGM casino project.

SPRINGFIELD - Two landlords have offered to rent office space to the city's Department of Health and Human Services as it prepares to move from the footprint of the MGM Springfield casino project --but either offer would be a major hike in rent.

The landlords have offered annual rents of $252,920 and $300,000, respectively, as compared to the city's current annual rent of $139,305 paid for the department's current office space at 95 State St.

"The (city's) review committee will conduct its due diligence and make a recommendation," said Timothy J. Plante, the city's chief administrative and financial officer. "Then we will review its affordability in light of the fiscal year 2016 budget."

The city must determine if either bid is viable in the long-run, Plante said.

The health and human services department was seeking a minimum of 8,500 square feet of space for its administrative and support functions and an additional 1,700 square feet of space for a medical health clinic, either in one building or separate buildings.

1095 Main St. Irrevocable Trust offered 8,200 square feet of space at 1095 Main St., in the South End, for department office use, and 2,400 square feet of space at 816 Main St., for the clinic space, for a combined annual lease of $252,920, including utilities according to a bid summary. A co-bidder on the second property was 816 Main St., Realty Trust.

Bertelli Realty Group submitted a bid to provide a single building for the department of health and human services for both office and clinic uses at 935 Main St., in the South End. The proposal bore an annual cost of $300,000, including utilities, according to a bid summary.

The Bertelli proposal included 16,200 square feet of space, and a basement area with an additional 4,000 square feet of space.

A five-year lease is proposed with the city having the option of extending the lease for an additional five years.

MGM Springfield is developing an $800 million casino in a three-block area of the downtown-South End that includes one side of lower State Street, including the current health office. The department has rented offices and clinic space at 95 State St., since 1997, but it was purchased by MGM for its development.

The department had received notice to vacate 95 State St., by Feb. 28, but recently requested an extension to May 1.

1095 Main St. Irrevocable Trust, in its bid, listed the office space rent as $23.60 a square foot, and the clinic site as $24.75 per square foot for the first five years of the lease.

Bertelli Realty Group listed its lease cost as $20 per square foot for the first five years of the lease.

City officials have stated that City Hall does not have adequate space for the health and human services department, while the second floor of the Public Works building on Tapley Street needs extensive renovations, among city properties not currently deemed suitable for the health officers.

The city had various requirements for the bidders for leased space, including that it be close to public transportation and have access to adequate parking.

Malaysia Airlines Flight 370 report: Locator beacon battery was expired (video)

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The first comprehensive report into the disappearance of Malaysia Airlines Flight 370 revealed Sunday that the battery of the locator beacon for the plane's data recorder had expired more than a year before the jet vanished on March 8, 2014.

KUALA LUMPUR, Malaysia -- The first comprehensive report into the disappearance of Malaysia Airlines Flight 370 revealed Sunday that the battery of the locator beacon for the plane's data recorder had expired more than a year before the jet vanished on March 8, 2014.

The report came as Australian Prime Minister Tony Abbott said the hunt for the plane would not end even if the scouring of the current search area off Australia's west coast comes up empty.

Apart from the anomaly of the expired battery, the detailed report devoted pages after pages describing the complete normality of the flight, which disappeared while heading from Kuala Lumpur to Beijing, setting off aviation's biggest mystery.

Families of the 239 people who were on board the plane marked the anniversary of the Boeing 777's disappearance, vowing to never give up on the desperate search for wreckage and answers to what happened to their loved ones.

Despite an exhaustive search for the plane, no trace of it has been found. In late January, Malaysia's government formally declared the incident an accident and said all those on board were presumed dead.

The significance of the expired battery in the beacon of the plane's flight data recorder was not immediately apparent, except indicating that searchers would have had lesser chance of locating the aircraft in the Indian Ocean, where it is believed to have crashed, even if they were in its vicinity. However, the report said the battery in the locator beacon of the cockpit voice recorder was working.

"The sole objective of the investigation is the prevention of future accidents or incidents, and not for the purpose to apportion blame or liability," the report said.

Even though the beacon's battery had expired, the instrument itself was functioning properly and would have in theory captured all the flight information.

The two instruments -- commonly known as "black boxes" -- are critical in any crash because they record cockpit conversations and flight data through the end of a flight.

The 584-page report by a 19-member independent investigation group went into minute details about the crew's lives, including their medical and financial records and training. It also detailed the aircraft's service record, as well as the weather, communications systems and other aspects of the flight. Nothing unusual was revealed, except for the previously undisclosed fact of the battery's expiration date.

The report said that according to maintenance records, the battery on the beacon attached to the flight data recorder expired in December 2012, but because of a computer data error, it went unnoticed by maintenance crews. "There is some extra margin in the design to account for battery life variability and ensure that the unit will meet the minimum requirement," it said.

"However, once beyond the expiry date, the (battery's) effectiveness decreases so it may operate, for a reduced time period until it finally discharges," the report said. While it is possible the battery will operate past the expiration date, "it is not guaranteed that it will work or that it would meet the 30-day minimum requirement," it said.

The report gave insight into the physical and mental well-being of the flight's pilot, Capt. Zaharie Ahmad Shah, saying he had no known history of apathy, anxiety or irritability. "There were no significant changes in his lifestyle, interpersonal conflict or family stresses," it said.

It also said there were "no behavioral signs of social isolation, change in habits or interest, self-neglect, drug or alcohol abuse" by Zaharie, his first officer or the cabin crew.

Financial checks also showed nothing abnormal about their spending patterns. It said Zaharie held several bank accounts and two national trust funds. He had two houses and three vehicles, but there was no record of him having a life insurance policy.

The co-pilot, First Officer Fariq Abdul Hamid, had two savings accounts and a national trust fund. He owned two cars and "spent money on the upkeep" of his cars. "He does not have much savings in his bank account. He has a life insurance policy," the report said.

It also said 221 kilograms (487 pounds) of lithium ion batteries packed by Motorola Solutions in Malaysia's Penang state didn't go through security screening at Penang airport. The shipment was inspected physically by the airline cargo personnel and went through customs inspection and clearance before it was sealed and left Penang a day before the flight. At the Kuala Lumpur airport, it was loaded onto the plane without any additional security screening.

The report said the batteries were not regulated as dangerous goods. There were 99 shipments of lithium ion batteries on Malaysia Airlines flights to Beijing from January to May last year, it added.


In Sydney on Sunday, Prime Minister Abbott said the hunt for the plane would continue even if searchers scouring a 60,000-square-kilometer (23,166-square-mile) swath of the southern Indian Ocean off Australia's west coast do not find it.

Prior to Abbott's comments, it was unclear what would happen if the search of that area, which is expected to end in May, yields no clues. Officials from Australia, Malaysia and China are scheduled to meet next month to discuss the next steps in the search, but Abbott's remarks indicate that ending it is not an option.

"It can't go on forever, but as long as there are reasonable leads, the search will go on," Abbott, whose country is leading the search, told reporters. "We've got 60,000 square kilometers that is the subject of this search. If that's unsuccessful, there's another 60,000 square kilometers that we intend to search and, as I said, we are reasonably confident of finding the plane."

Meanwhile, family members of the passengers and crew aboard the plane marked the anniversary of the plane's disappearance. Voice 370, a support group for the relatives, hosted a "Day of Remembrance" at a mall in Kuala Lumpur with songs, poems and prayers.

"It is important to highlight to the public that we still don't have any answers and that we must pursue the search," said Grace Subathirai Nathan, whose mother, Anne Daisy, was on the plane.

"The lack of answers and definitive proof -- such as aircraft wreckage -- has made this more difficult to bear," Malaysian Prime Minster Najib Razak said in a statement. "Together with our international partners, we have followed the little evidence that exists. Malaysia remains committed to the search, and hopeful that MH370 will be found."

Chinese Foreign Minister Wang Yi said his government would provide "all needed service to every next of kin" and help uphold their "legitimate and lawful rights and interests."

Most of the plane's passengers were Chinese.

"A year has passed, the plane has not been located, but the search effort will continue," Wang told a news conference in Beijing. "Today must be a difficult day for the next of kin. . Our hearts are with you."


Crash on Mass Pike at Warren, Brimfield line closes eastbound lanes

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Details about the accident itself is very limited. There was no information available about the numbers of vehicles involved or of there were any injuries.

Update - State police now say both directions of the turnpike are closed.

BRIMFIELD - The Massachusetts State Police are reporting an accident on the Massachusetts Turnpike near the Warren and Brimfield town line moments ago has closed the eastbound lane to all traffic.

Details about the accident itself is very limited. There was no information available about the numbers of vehicles involved or of there were any injuries.

State police are advising drivers to expect delays and to seek alternative routes.

The accident occured near the 69 mile marker.

Trooper Dustin Fitch of the state police media relations office said the crash appeared to have occurred on the westbound side of the highway and spilled over on to the eastbound side.

This is a developing story and more information will be posted as it is known.

At least one dead in turnpike crash at Warren, Brimfield line: state police

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The accident has closed down both the eastbound and westbound lanes.

BRIMFIELD - State Police are confirming at least one person is dead and another seriously injured in a crash that happened moments ago on the Massachusetts Turnpike at the Warren and Brimfield lines.

Trooper Dustin Fitch of the state police office of Media Relations says the accident involved a tractor trailer and a passenger vehicle.

Preliminary investigation indicates the tractor-trailer and the other vehicle made contact with each other in the westbound lane, causing severe damage to the passenger vehicle.

Both vehicles crossed over the median and into the eastbound lane. The truck came to a stop blocking all east bound lanes.

Both sides of the highway are now shut down as emergency vehicles arrived on scene. A helicopter ambulance has also been dispatched to the scene to transport the truck driver to the hospital.

People are being asked to look for alternative routes.

Once the helicopter is departs, police will focus on restoring traffic on the east side.

The accident was reported at 8:40 a.m.

Chicopee Westover Building Supply receives recommendation to expand

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Neighbors complained about fumes and noise created by Westover Building Supply.

CHICOPEE - The Planning Board agreed approved a zone change request that will allow Westover Building Supply to expand its business.

The approval is the first step in the business owner's plan to build a 50 by 100 square foot storage and four-bay garage facility next to his business on Telegraph Road, said Thomas Murphy, lawyer for Westover Building Supply.

The City Council will still have to approve the change of a vacant lot from the current zoning of residential to business. The company owners will also have to go through the site plan review process to receive permits before construction begins, James Dawson, assistant city planner said.

"There is not enough room for us to operate," Marcus Thayer, the owner of Westover Building Supply, said.

Currently the company, which has 15 employees, is renting parking lot space at a neighboring church and at another location, he said.

The company has been operating in the same location for 52 years, but if it cannot expand, owners will likely try to move the business elsewhere, Murphy said.

"The reason for our request is the company is growing. It is splitting at the seams," Murphy said.

Four residents protested the zone change at the meeting and submitted a petition signed by 65 people. They mostly said they were concerned about the congestion of the neighborhood, which is mixed with commercial and residential properties, and the noise and fumes created by the trucks delivering materials.

Murphy said the new garage and storage facility should reduce noise and fumes in the neighborhood because trucks will be able to drive in and unload goods. The building will be insulated and it will not have windows facing abutting homes.

Despite the complaints, the Planning Board voted 4-0 to recommend the change. Acting City Planner Lee Pouliot said he also recommended the change in a letter to the board. He could not attend the meeting because he was attending a meeting in Boston.

"I do not see anyone putting a house on this property," member Cynthia Labrie said. "I think a four-truck bay would be a buffer to the neighborhood. Hopefully it will eliminate the noise and some fumes."

Member Brian Pearly aired concerns about increasing business in the neighborhood, saying 85 percent of it is residential.

He said he is also concerned about the use of the church lot for the business, but was told the property was formerly a banquet house and is zoned for business.

Amherst police charge woman with drunk driving after finding her slumped over car steering wheel in travel lane

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ara M. Reynolds was charged with operating under the influence and operating a motor vehicle to endanger negligent after police found her at 3:38 Sunday.

AMHERST - Police arrested a 24-year-old Belmont woman on drunk driving charges after she was found slumped over the wheel of her car Sunday morning in the travel lane on Amity Street.

Tara M. Reynolds was charged with operating under the influence and operating a motor vehicle to endanger negligent after police found her at 3:38 Sunday.

She is slated to be arraigned Monday in Eastern Hampshire District Court in Belchertown. 

 

1 driver dead; 1 airlifted to hospital in Mass Pike accident; traffic backed up for miles

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State police estimated the traffic backlog have grown to about 8 miles in the east bound lane and 7 in the westbound lane.


BRIMFIELD - One driver is dead and another has been rushed by helicopter ambulance to a trauma hospital after suffering serious injuries in a Monday morning accident on the Massachusetts Turnpike near the Warren and Brimfield town lines, state police said.

Both lanes of the highway were closed following the 8:40 a.m. accident.

More than three hours later, just the breakdown lanes in each direction were opened to allowed traffic through. 

State police estimated the traffic backlog have grown to about 7 miles in the east bound lane and 12 in the westbound lane.

State police troopers with the Collision Analysis and Reconstruction and the Crime Scene Services sections are on scene and processing evidence. State police did not say when the roadway is expected to reopen.

People are being asked to find alternate routes.

The accident involved a tractor-trailer and a passenger vehicle. The two vehicles made contact in the westbound lane, and both continued across the median into the eastbound lane.

Police said the tractor trailer came to a stop across all three lanes.

Masspike traffic photo.JPGView full sizeTraffic is backed up beyond the horizon on the Mass Turnpike Monday as a result of a fatal accident that shut down both directions. Traffic is backed up to 8 mile in each direction.  

The driver of the passenger vehicle was reported dead at the scene. The truck driver was seriously injured and needed to be extricated from the wreckage, police said.

A Life Flight helicopter was dispatched to the scene to rush the driver to the hospital.

The accident occurred between exit 8 in Palmer and exit 9 in Sturbridge.

More information will be posted as it is known.

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