A brand-new code of conduct adopted to promote civility among Town officials is being tested after a Select Board member filed the first-ever complaint under the new policy against one of his board colleagues.
It’s just the latest salvo amid months of tension among the feuding Select Board members. The public sparring is largely what triggered the vote for a civility policy in the first place.
David Golden – one of two board members who opposed the measure – filed the complaint accusing fellow board member Bill Keohan of violating the policy on the same day the measure was approved. The alleged violation occurred at the end of the meeting when Keohan publicly denied allegations he berated and attempted to intimidate a teenage lifeguard at Plymouth Beach.
The policy prohibits public employees from using their position to benefit themselves.
Town officials confirmed the complaint was filed, but declined to provide it, calling it a personnel matter exempt from public records laws.
Keohan, who has denied the June 25 incident a case of mistaken identity, this week submitted to the town personal phone records and a typewritten letter from his mother in an attempt to prove he was not at the beach on that day.
In his “rebuttal,” Keohan made a series of demands — one of which will require the town to launch a formal investigation.
Select Board Chair Deb Iaquinto said Keohan asked the town to clear his name, so the board will appoint a neutral investigator.
“I think the most responsible thing we can do is let the investigation determine the facts,” she said. “I look forward to having this matter resolved fairly and objectively and then moving on.
As for Golden’s complaint, Iaquinto said the town is “reviewing” Keohan’s written response to with town lawyers “to determine if a violation has occurred.”
“The goal of this policy is not to create public spectacle or embarrassment,” she said. “It’s to provide a clear, consistent transparent process should concerns arise.”
It’s unclear what action the town would take if officials decided Keohan violated the policy.
Golden declined to comment on his complaint, saying in a text it is inappropriate to talk about an ongoing investigation. He also said in his text response the Independent is fomenting discord by publishing a story about his complaint before the investigation takes place.
Keohan, who formally responded to Golden’s complaint on Monday, said he believes he did not violate the policy but, as one of the authors of the new civility code, he wants to see how the process plays out.
“It is the inaugural test,” he said. “I’m a big supporter of the code of conduct. I voted for it and it’s being used on me.
“I don’t feel like I violated the code,” he added. “But the process we’re following is setting a precedent. I want to set the precedent …”
According to one official at Town Hall who read Golden’s complaint, it alleges Keohan breached the conduct policy at the end of the Aug. 11 Select Board meeting when he publicly denied the lifeguard’s allegations. It was the same meeting where just minutes before, the board voted 3-2 to adopt the new civility policy.
The complaint suggests that by defending himself at a public meeting, Keohan used his position on the dais to benefit personally.
The policy demands officials “accept their position as a means of unselfish public service — not to benefit personally, professionally or financially from their position.”
It also requires town officials to “refrain from demeaning, discriminatory or harassing behavior and speech directed toward others.”
The alleged incident at Plymouth Beach took place six weeks before the new policy was adopted.
On June 25, the 17-year-old lifeguard reported to his supervisors that a man identifying himself as a select board member – whose name was either Bill or Bryan – screamed at him after he asked a paddleboarder to wear a lifejacket as required. That paddleboarder ignored his request, the lifeguard wrote in his initial incident report.
The lifeguard, whose name is being withheld because he is a minor, later identified Keohan after he recognized him at a Select Board meeting.
Twelve days after the incident, the teenager amended his original report to identify Keohan.
The lifeguard said he immediately recognized Keohan when he appeared at a board meeting on July 7 to receive an “outstanding citizen award” from the Plymouth for All Committee.
After the story was published by the Independent on Aug.13, Keohan supporters rallied to his defense, saying the person they know would never behave that way. Others said they believed the lifeguard.
In his rebuttal, Keohan provided documents purporting to show he was otherwise occupied at the time of the incident — around 10 a.m.
He submitted phone records showing he was then making or receiving calls. He also included a typewritten letter signed by his mother, asserting he was home at the time of the alleged incident.
Also, in his response to the town, Keohan made a series of demands.
He wanted his name removed from the lifeguard’s incident reports “if the town cannot substantiate that identification.”
He also asked that his “rebuttal” be attached to any report “maintained or subsequently produced by the town” and the town provide him with “written confirmation of the action taken in response to this request.”
Keohan has been at the center of controversies among board members, including a heated confrontation with Golden over a July 28 vote to euthanize an aggressive pitbull.
Golden publicly called Keohan a “(f—) coward” for voting to delay the difficult decision.
In another controversy, Keohan was rebuffed by the board in June after calling for it to reconsider a vote benefiting a developer with close ties to two other board members, including Golden.
Andrea Estes can be reached at andrea@plymouthindependent.org.