Records Request into the Neil Osborne Investigation

 

Records Officer

Kimberly Scanlon, City Solicitor

85 Geo P Hassett Drive

Medford MA 02155

Dear Madam/Sir:

I thought I had asked for this document previously but may have not been specific.

Let's try it again.

I hereby request, pursuant to the Massachusetts Public Records Laws, G.L. c. 4, §7, clause 26, and G.L.

c. 66, §10, that you permit me to inspect and to examine the following public records:

Any records that show an investigation into Neil Osborne, including but not limited to a determination in regards to

Mr. Osborne's alleged interaction and behavior with Michael Durham, MBA Director of Veterans' Services

1)Allegedly there is or was an investigation into Mr. Osborne and monies.   I understand there was a January 25, 2021 report, and seek those documents.

  I am including a portion of a Medford Transcript article to specify the documents that I seek.

2)The initial complaint documents from 2020 filed on Mr. Osborne by Michael Durham

3)Any documents from outside counsel that may have been involved in the Osborne investigation

4)If there are documents of an external investigation, not the "formal ethics investigation of Osborne" that I am requesting in (1), I would like those documents.

As I may have inaccurately requested this information in my previous request,  to help make it clear and focus my request for you, I am citing the

information in the Medford Transcript a.k.a. Wicked Local / Medford:

From Wicked Local  June 24/25

Michael Durham accuses city of financial malfeasance

In representing Nunley Benjamin, Rumley also heard from Durham, who asked for help resolving an issue with the city, claiming the city did not pay him five months work he performed clearing a backlog of parking summonses.

Durham provided Rumley with a chain of email and documents that he was not paid $2,307.60 due him for duties he took over in July 2020. Additionally, he stated money was missing from two paid appeals stipends, totaling $10,000.

A formal ethics investigation was launched by the city into Osborne at that time.

According to an email sent to Rodrigues on Jan. 11, 2021, Durham asked for an update about an ethics investigation into Osborne after filing the formal complaint against the HR director in 2020.

On Jan. 13, Durham was called into a meeting with both Rodrigues and Scanlon to discuss the outcome of a formal ethics investigation into Osborne. At that time, he  states "Dave declared the entire situation was his fault and was taking corrective steps to rectify the performance shortcomings of Neil."

In a Jan. 25 report, the city concluded Osborne's actions were "an accidental HR error not due to malicious intent to cover up past payroll embezzlement."

Although he had "no choice" in accepting the outcome, Durham then stated he would not request a third-party investigation or to complain to the State Ethic Commission.

A back and forth continued throughout the early part of the year, where Durham repeatedly requested the city pay him for his work. In February, he was told that since the work was conducted in a different fiscal year, City Council approval would be required

____________________________________________________________________________________________________________

I hereby request pursuant to the Massachusetts Public Records Laws, G.L. c. 4, §7, clause 26, and G.L.

c. 66, §10, that a copy of the above be sent to my e mail  joeviglione@yahoo.com

I understand the time and effort involved.  As this is of great public interest I respectfully request you waive fees.

Should you determine that some portion of the document(s) I have requested is not a public record, I
reserve my right to appeal such a decision and request that you release any portion of the document(s)

that is public information.

Please contact me if you have any questions regarding this request.

Thank you for your attention.

Sincerely,

Joe Viglione

P.O. Box 2392

Woburn MA 01888