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From:  Evans E. Juris, Town Administrator

Re:  Notification of Hostile Work Environment and Discriminatory  Practices

This letter is to officially notify members of the Board of Selectmen that I am advising you that I am declaring a hostile work environment, along with discriminatory and threatening behavior by Selectman Gus Benavides.

It has now become overwhelmingly apparent that from the time he assumed office that his intentions were to bring personal harm to me through the use of his political office.

As this Board is aware, this matter with Selectman Benavides began within the first weeks of him assuming office.  Mr. Benavides asked questions that had been posed by a former Budget Committee member on how cruiser bids had been awarded in the past.  I had no problem with the questions and explained the process to him and the fact that the Board of Selectmen award bids, not the Chief of Police.  I also did state to him, at that time, that his questions were the same as a former Budget Committee member.

In June of 2007, I filed an official complaint with the Board of Selectmen concerning the Chairman of the Gilford Conservation Commission, John Goodhue, relative to his conduct at the June 19, 2007 conservation commission meeting, clearly stating that if Mr. Goodhue, at the time, were a Town employee, he would have been charged under Town Policy with conduct unbecoming a Town employee.

I outlined the matter to the Board of Selectmen because Selectman Benavides had been present at the time and said nothing in defense of the Administration.  What he did was tell Mr. Goodhue that he would report back to him.

The next day Selectman Benavides interviewed the Assistant Town Administrator and me, without mentioning anything about the public accusation Goodhue had made.  I only later found out after it was brought to my attention by the Planning Director, John Ayer, that I probably wanted to listen to the recording of the June 19, 2007 Conservation Commission meeting.

I brought this forward to the Board, asking them to review the matter. Initially Selectmen Benavides stated that he didn’t recall the accusations until the tape of the meeting was played for the Board. The Board of Selectmen was reluctant to do so because of “political fallout”.  After another two weeks of non-action, it became apparent that the Board would not consider any action I agreed to withdraw it so that the “political fallout” wouldn’t take place.  Selectman Benavides was in the forefront not to take action, but to allow him to speak to Mr. Goodhue privately.

Additionally, as the Board of Selectmen is aware, Mr. Goodhue flatly denied making any statements during the June 19, 2007 meeting, when I brought it to his attention, at a meeting in which you and members of the Land Conservation Task Force were present.  It was not until I stated that it was on tape and that the Board of Selectmen had listened to it that he stated “then I apologize”.

In July, after being in office only three months, Mr. Benavides added items to my evaluation concerning interaction with another department and its employees and then denied that he was responsible for them until Selectmen Grant and Boucher corrected him. 

In a meeting on September 26, 2007, I advised the Board of Selectmen that I felt I needed to seek legal counsel because of actions primarily of Selectman Benavides.  At that time, I informed you of his attitude towards Administrative personnel, and more specifically me.

I also raised concerns over Benavides spending over an hour trying to get me to change the evaluation of a female employee.  During that meeting, he repeatedly told me that I did not do a proper evaluation.  I told him repeatedly that I would not change it, that he has not worked with the employee and that he is unaware of the job that she does.  He, in fact, did speak with other Board of Selectmen members by phone about this and they apparently did not agree with him. He then did not sign the authorization for a pay adjustment.

Also, during the September 26, 2007 meeting, in front of all Board of Selectman members, the Assistant Town Administrator and Administrative Secretary, he stated that when he took office that it was the perception that the “Town Administrator” ran the Town and he was going to make sure now that the Board of Selectmen “runs the Town”, not the Town Administrator.

He went on to say “You know, Evans, when you walk into a room”, he referred to me as having a “big, tough cop image”, because you were Chief of Police, people think you’re running the Town.  He referred to me as intimidating.

It was also apparent during the budget process with the Board that when the Conservation Commission Chairman Mr. Goodhue made his presentation that he could offer no explanation on his budget of less than $5000.00, yet we have a Selectman endorsing him because of his knowledge of how the town operates. This is clearly raises a flag.

Then the situation with the Town Clerk/Tax Collector.  The Administration was instructed to provide options.  We did that.  Selectman Benavides was adamant for a review on how to separate the position and cut the salary and/or eliminate the benefits.  He even mentioned that had he known what this position paid that he would have run for it. His intentions were to force an issue with her and to put her in her place.