State: Andover Has Not Met Burden To Withhold Fahey Report

ANDOVER, MA — A state records official indicated Andover should release more of the report that led to Youth Services Director Bill Fahey's firing, or at least further justify its redactions.

Supervisor of Records Rebecca Murray said in an order released Thursday that the town had "not met its burden to withhold the report" under the Public Records Law's privacy exemption.

Fahey was fired on May 10, with town officials citing an investigation into unspecified conduct. In response to records requests, including from Patch, the town released a fully redacted version of the report which investigator Regina Ryan produced.

Town Manager Andrew Flanagan said he could not release the report due to privacy concerns.

"Mr. Fahey is not the only person whose private information would be impacted by the release" of the report, he said. "I cannot legally or in good conscience release the report."

Karen Kim appealed the town's redactions to the state, and Murray was unconvinced by the town's explanation.

Murray examined the unredacted report, provided to her by the town.

"While portions of the record may fall within an exemption, it is uncertain how the report, in its entirety, constitute intimate details of a highly personal nature or how disclosure would result in personal embarrassment to an individual of normal sensibilities," Murray wrote, citing the language of the Public Records Law.

"The public has a recognized interest in knowing whether public servants are carrying out their duties in a law-abiding and efficient manner," she added.

Murray did not specify exactly what should be released but said the town must provide Kim with a response, consistent with the order, within 10 business days.

"It is unclear how the report cannot be redacted to preserve the confidentiality of complainants and/or voluntary witnesses," she wrote. "The Town must clarify these issues."

Fahey's firing prompted an outcry from current and former residents who described their own positive experiences with the former youth services director.

The former Youth Services director filed a lawsuit against the town and the town manager on June 3, alleging breach of contract and defamation of character, among other claims.

In his suit in Essex Superior Court, Fahey alleged that Town Manager Andrew Flanagan had been targeting him for over five years and that he did not have "sufficient cause to terminate his employment."

According to Fahey's suit, the town alleged "credible information" that Fahey had "engaged in inappropriate behavior with a minor."

Among other claims, Fahey says in his filing that Ryan "concluded that the person who made the original allegations against Fahey lacked credibility and that the original allegation was not substantiated."

The Eagle-Tribune reported that they reviewed a video interview of a woman describing an "intimate though non-sexual relationship" with Fahey when she was in high school.

The woman described Fahey "discussing his sex life and sexual preferences" with her and later kissing her once when she was in her 20s, according to the Eagle-Tribune report.

The Essex District Attorney's office, which investigated allegations against Fahey and found that they "did not rise to the level of criminal conduct," conducted the interview, according to the report.

Christopher Huffaker can be reached at 412-265-8353 or chris.huffaker@patch.com.