Mary Freire-Kellogg and attorney say part of issue is management of board chair Peter DeTerra

FAIRHAVEN – It has been a challenging month for the Board of Health.

First came one of its members, Michael Silvia, resigning in mid-June over strife with other members which ultimately played out in open meeting and social media. The three-member board has been down to two members ever since.

Then came the July 16 board meeting when Health Agent Mary Freire-Kellogg announced that she is taking prescribed medical leave from work for at least a month.

But that was only part of the story.

Kellogg has cited in previous meetings that repeated mentions by board members of her medical conditions were inappropriate for discussion in open session.

But when Chairman Peter DeTerra asked if the board should reconvene in closed Executive Session at the July 16 meeting, Kellogg, citing the previous previous public comments about her medical condition, stated that open session was fine to continue because “Listen, it’s already been discussed in open session three times.”

Freire-Kellogg at the July 16 meeting was represented by her attorney, Philip Beauregard.

Beauregard first described Kellogg’s leukemia, which she was first diagnosed with in April 2016. Referencing letters given to both the Health Board and Human Resources Office within the past couple of months, Beauregard discussed how both her doctor and psychotherapist recommended she take a leave from work until at least August 17.

“It is Mary’s intent to follow this advice and take her medical leave,” Beauregard said.

Members of the board acknowledged at the beginning of the discussion that personnel matters, on top of the health matters, have also factored into Kellogg’s leave from work.

Board member Michael Ristuccia said, “This is fine with me. It’s appropriate for her. We would not ask her to question her doctor.”

Because of the sensitive nature of the discussion, Ristuccia advocated several times for changing the session from open to closed. “I’m not sure we need to go any further with this meeting,” he said.

Beauregard and Kellogg said they wanted to continue this meeting in public.

Beauregard stated that while Kellogg’s leukemia is currently inactive, it’s also impacted by mental and physical stress. “This is not just her personal health. Work stress is a concern. Between now and August 17, we need to evaluate the issues,” he said.

Without going into detail, Beauregard disclosed “a record of concerns and complaints” Kellogg has filed with the Board of Selectmen and town counsel over the past two years, many of which involve her work relationship with Chairman DeTerra.

“There’s going to have to be a serious discussion with personnel interactions, particularly this has to do with the chairman of the Board and type of management. The question is whether Mary can be accommodated in an appropriate way going forward with the town,” Beauregard said.

DeTerra gave no response to these statements during the meeting.

Ristuccia, stating that he was the board member who wanted this discussion on the meeting’s agenda, offered the option of Kellogg continuing to fully working from home during this period.

Beauregard acknowledged this as a “positive suggestion” but later explained “the ability to work from home isn’t the issue. The problem hasn’t been dealing with COVID. The problem are her personal interactions and the manner in which her work situation is addressed. That’s at the heart with was we will discuss in future days and weeks ahead.”

Regarding Kellogg’s position during her medical leave, it’s up to the Board of Health to determine who will assume her responsibilities, though the Health office also employs a part-time health inspector, Daniel C. Shea.

Before the board adjourned, Beauregard concluded by saying “Mary’s extremely dedicated to her job. There’s nothing she would like more than to continue her employment with the town. If she can continue without jeopardizing her health, that’s precisely what she wants to do.”

This news comes after the Board of Selectmen at its July 13 meeting expressed its disappointment with the health board, alleging it had been dragging its feet regarding filling the third seat. As Selectman Robert Espindola explained, despite it being public knowledge, the Board of Health must give written notice within 30 days regarding the vacancy in order for both boards to come together and appoint a replacement, who would hold the seat until at least the next election.

Espindola went on to express further express dissatisfaction with the Board of Health’s personnel issues by citing a meeting on July 10 having been canceled over failure to meet a quorum. “You have all these health issues which aren’t the focus of the board right now,” he said.

At the same July 13 meeting, a special commendation approved by the Housing board to Health Agent Kellogg was read aloud. It was courtesy of Krisanne Sheedy, Executive Director of Fairhaven Housing Authority, thanking Freire-Kellogg for her assistance during the pandemic. “She has helped save the lives of a very vulnerable part of the population,” said Sheedy in the letter.

Espindola said he agreed with the letter. “She’s done an outstanding job.”

The Board of Health did make a request to submit written notice at the July 16 meeting, exactly 30 days since the seat officially became vacant. The plans, as indicated by the Select Board on July 13, are to hold a special meeting before the end of July to appoint a new member of the board.