government

After an investigation that included subpoenas to internet service providers, Lincoln police concluded that the adult daughter of a former town official was the one who sent emails that leaked her mother’s formal complaint against the town.

Former Director of Planning and Land Use Jennifer Burney filed a complaint in September accusing Town Administrator Tim Higgins and former Assistant Town Administrator Mary Day of discrimination, harassment, and intimidation. Burney alleged that Higgins and Day had thwarted her efforts to secure time off under the Family and Medical Leave Act and then working remotely so she could care for a family member under 18.

Her complaint, which was not public record, was leaked to LincolnTalk and the Lincoln Squirrel in separate emails from two different fictional email addresses. The LincolnTalk email was spoofed to appear as though it came from someone named “Debra French.” Police determined that a real Lincoln resident named Deborah French had nothing to do with it and subsequently opened an investigation into possible identity fraud and harassment.

In November, the town closed its own investigation into Higgins’s conduct after an independent investigator found that there were no facts to support any of the allegations made against him.

Lincoln police, via the district attorney’s office, issued subpoenas to Comcast and Cox Communications, an internet/cable service provider in Rhode Island, to identify the IP address of the computer that sent the anonymous emails. It transpired that the sender’s home address was that of Tara Atwood, 37, of Newport, R.I. who is Burney’s daughter, according to Chief of Police Kevin Kennedy.

Atwood has confessed to sending the emails, Kennedy said. Debra French was a “fictitious name she came up with… She was appalled that she caused this woman [Deborah French] any distress over it — that was clearly not her intention.” Atwood was not charged with a crime for using French’s name because she did not obtain anything of value by doing so, he said.

To be charged with criminal harassment, a person must commit three separate episodes of harassment against the victim, and Atwood did not do this, Kennedy said. However, “should her behavior continue towards any of the victims here, criminal charges could be filed because she’s been put on notice.”

The victims in the case are Higgins and Day as well as former Assistant Director of Planning and Land Use Paula Vaughn-McKenzie, because Atwood’s emails claimed that she and Higgins were having an extramarital affair — an allegation that Kennedy called “fabricated” and “completely untrue.”

Burney worked for the town from January 2016 until she went on leave last summer and Vaughn-McKenzie was named acting Director of Planning and Land Use. Vaughn-McKenzie has since been appointed to the role permanently.

Kennedy said that Atwood’s motivation for sending the emails was “to make sure the claims in [Burney’s] letter were in fact going to be investigated.” Burney was not aware that Atwood had sent the emails until about a week later, when Atwood admitted it to her mother, he said. “Obviously Jen was very upset at that… Jen clearly did not approve of any of this behavior.”

Right after the emails were sent, Burney denied sending them, saying she considered her complaint addressed to the Planning Board and Board of Selectmen to be confidential.

Neither Burney nor Atwood returned emails from the Lincoln Squirrel seeking comment on Tuesday.

The Board of Selectmen voted unanimously to close its investigation into the conduct of Town Administrator Tim Higgins, who was accused of discrimination, harassment, and intimidation by former Director of Planning and Land Use Jennifer Burney.

Assistant Town Administrator Dan Pereira, who oversees human resources issues for town employees, said on November 24 that Burney is no longer employed by the town and her last day was October 1. “We cannot comment further on personnel matters, but would like to express our appreciation for her service to our community,” he said.

In a formal complaint leaked to the public in September, Burney accused Higgins and former Assistant Town Administrator Mary Day of Family and Medical Leave Act violations and gender discrimination. She alleged that Higgins thwarted her attempts to work on a remote schedule to accommodate a family member during the pandemic lockdown and also alleged that Day unexpectedly resigned after being intimidated by Higgins.

An independent investigator “found that there were no facts to support any of the allegations made against Mr. Higgins and recommended that the investigation be closed,” according to a statement released by the Board of Selectmen on November 23. “The board reviewed the report with Mr. Higgins and voted unanimously to close the investigation, without taking any further action. The board now considers this matter closed and continues to have the highest confidence in Mr. Higgins’s professionalism, character, and integrity in his role as our Town Administrator.”

Selectmen received the investigator’s report on October 30, almost a month after Burney’s last day on the job in Lincoln, according to the statement. Selectman James Craig said he would have no further comment on the matter. Reached by email, Burney also declined comment.

Paula Vaughn-MacKenzie has been acting director of planning and land use since the summer, when Burney first went on FMLA leave to care for a family member. Given her departure, “we are eager to fill this critical role and will announce a transition plan in the coming weeks,” Pereira said.

Higgins read this statement at the selectmen’s meeting on November 23:

On being advised of the recent allegations against me, my only public comment then and since has been to express confidence in the town’s investigative process and in the capabilities of a discerning community. My faith in the process and in the people of Lincoln was not misplaced. I thank the board for undertaking a thorough, independent investigation which has concluded that all allegations made were ‘unfounded and unsupported by the facts.’ It is important to note that the investigation included interviews of multiple witnesses and an extensive review of relevant documents.

I am especially grateful to the many residents, staff and officials who have reached out in concern and friendship, and who have extended the benefit of the doubt throughout. As upsetting as these attacks against my character have been for me personally, the public manner in which they were carried out has caused real pain to other innocent parties — this aspect makes the matter all the more unfortunate and unfair. I am pleased to have the matter resolved and look forward to continuing with the work I enjoy doing, alongside colleagues and friends who make me grateful every day.

Burney’s complaint to the Planning Board and Board of Selectmen was leaked in separate anonymous emails on September 29 to the Lincoln Squirrel and the LincolnTalk listserv, which was temporarily shut down as a result. All LincolnTalk emails must now be approved by a moderator before they are sent on to list members.

One of the anonymous emails was made to appear as though it came from Lincoln resident Deborah French, the widow of former Town Moderator Jack French. The Lincoln Police Department informed her of the spoofing and opened an investigation, but it’s still unknown who sent the emails, and Burney strongly denied she had done so.

Police Chief Kevin Kennedy said on November 24 that there was “still an active investigation” and that police were waiting for certain information. He added that he didn’t know when the investigation would conclude but that there would be a statement at that time.