Fired DWP worker’s lawsuit moves forward

GILFORD — A wrongful termination and whistleblower lawsuit filed by a former public works employee is on track for a jury trial in 2021.

Brenda Leary’s lawsuit against the town alleges harassment and intimidation that created a hostile work environment. She says town administrators not only ignored her complaints, but retaliated by terminating her employment “just days before” she would have been eligible to join an employees’ union.

Leary, who resides on Old Lakeshore Road, was an employee of the Department of Public Works from Sept. 11, 2017, to March 2, 2018, a period when the department was having a large staff turnover. She was hired just after DPW Director Peter Norris resigned to return to his previous employer in Rochester. Operations Manager Mia Giaglairdi had taken a job as DPW director in Hancock. Selectmen appointed sewer technician Kevin Carlisle to serve as acting director in Gilford, with Town Administrator Scott Dunn overseeing operations on a daily basis.

Leary complains in her civil suit that she faced harassment because of her gender from the beginning. The suit states that, in one instance, she was collecting roadside waste and her co-workers ordered her to dump it or face having to walk back to the DPW. Another time, a male co-worker allegedly wiped his mud-covered hands down the front of her jacket. Managers reported it to town officials, the lawsuit says, but nothing was done about it.

In December 2017, Jason Hayden Sr. took over as DPW director, having previously worked in Nashua. According to the lawsuit, “he made it clear that he had strong negative opinions of females and minorities, using offensive language to describe African-Americans and Jewish people.” Both employees and citizens of the town complained of being offended by his language, according to the suit. Leary alleges, he “encouraged employees to make her life difficult and unpleasant.”

She claims Hayden would dress her down in front of other employees, questioning her competence, accusing her of striking mailboxes with a snowplow, and taking excessive amounts of time on lunch breaks.

She said she complained to the town administrator but nothing was done until, “with the approval of administrators, [Hayden] terminated her employment.…”

A phone number or email could not be found for Hayden.

The lawsuit – which names only the town of Gilford as a defendant – is seeking damages for lost wages, emotional distress, humiliation, loss of enjoyment of life, and enhanced compensatory damages for wrongful termination.

A second claim, under the whistleblowers protection act, seeks “all remedies” including back pay, fringe benefits, and attorney’s fees.

Specific dates for trials in 2021 have not yet been established.

Study of DWP environment

Town Administrator Scott Dunn acknowledged last year that there has been some turnover in the department, but said he would not characterize any resignations as due to harassment or other troubles. He said one former DPW employee, who had not completed the six-month probationary period, had filed a claim against the town and that the plaintiff's attorney had sent the town a letter seeking a monetary settlement in lieu of a lawsuit. He said the selectmen have refrained from speaking publicly about the DPW working conditions because of the potential for legal reprisals.

However, following a nonpublic session on April 3, 2019, selectmen contracted with Municipal Resources, Inc., to look into “a complaint about the working environment” at the DPW. MRI scheduled interviews with employees about alleged sexual harassment and a hostile work environment.

In a memorandum to employees, Dunn wrote, “During the course of this interview, you will be required to answer all questions truthfully and to the best of your ability. You will also be required to fully cooperate in all phases of this investigation. Failure to comply with these directives could have adverse consequences for your status as a Town employee, up to and including discharge.”

The contract called for MRI to submit a confidential report to the selectmen at the conclusion of its investigation. That report went to the town in June 2019. On June 12, selectmen discussed the report and the lawsuit in nonpublic session. Afterward, Dunn said he “would love to release” the report to the public, but the town’s attorney had advised that it must remain confidential.

Hayden later resigned as Public Works director in order to take a job in southern New Hampshire, and, in September, selectmen appointed Meghan Theriault of Meredith to serve as the town’s new director of Public Works, beginning last November.

Contacted for a response to the lawsuit on Thursday, Richard Grenier, chair of the Board of Selectmen, said only, “That’s why we have attorneys.”

Dunn also declined comment on the advice of the town attorney.