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.
Fraudulent unemployment claims were filed this week in the names of residents on Todd Pond Road, Birchwood Lane, Tower Road, Chestnut Circle, Sandy Pond Road, and Beaver Pond Road. because of the volume, the Lincoln Squirrel will no longer include these calls in the police log.