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Rivera receiving unemployment benefits: Former city personnel director says schools should have contested employee's claim [The Eagle-Tribune, North Andover, Mass.]
(Eagle-Tribune (North Andover, MA) Via Acquire Media NewsEdge) Aug. 9--LAWRENCE -- Mark Rivera, the former special assistant to School Superintendent Wilfredo Laboy, is collecting unemployment benefits despite being forced to resign earlier this year, according to school officials.
Laboy, who is on paid administrative leave, ordered Rivera to resign or be fired from his $66,000-a-year job in April after The Eagle-Tribune revealed Rivera's inappropriate use of school computer software to check the criminal and financial backgrounds of non-school personnel.
The so-called "snoop list" included the names of 400 people, including mayoral candidates, state and local politicians, celebrities and business people.
It's still not clear why Rivera conducted the background checks or how the information was used. A police investigation and review by Essex County District Attorney Jonathan Blodgett's office did not identify any criminal violations.
Rivera has also been linked to Laboy in a recent criminal investigation into allegations involving the improper use of the School Department print shop. Laboy is on leave pending the outcome of that investigation.
Acting Superintendent Mary Lou Bergeron said she wasn't involved in the decision not to challenge Rivera's unemployment claim. She said Rivera is entitled to the unemployment benefits after filing a claim that went unchallenged after going through a proper review.
"After Mr. Rivera resigned, he made an application for unemployment benefits indicating that he had resigned, however, that he was virtually forced to do so by the circumstances being played out in the public arena," Bergeron said in an e-mail. "The Claims Administrator noted that she was aware of the matters relative to Mr. Rivera's position due to the reports in the media.
"With the recent change in unemployment benefits, employees who resign prior to being fired are eligible for benefits, as long as there is no evidence of gross negligence on their part. Since there were no gross negligence issues in this case and recent rulings for similar situations of resignation before potential termination had be in favor of the employee, the district did not pursue an appeal."
Former City Personnel Director Frank Bonet said it was a mistake for school officials not to send their consultant, John-Jay Associates, to the unemployment office to appeal Rivera's claim.
"If they would have, there would be a 99 percent chance that the taxpayers would not be footing this bill," said Bonet, a candidate for the District C School Committee seat now held by Priscilla Baez, Rivera's sister.
Bonet said he thinks Rivera got preferential treatment because of his close relationship with Laboy.
Rivera's lawyer, Murat Erkan, confirmed that Rivera was receiving unemployment compensation "commensurate with his years of service" to the School Department.
Gary Fountain, a supervisor at the Valley Works Career Center in Lawrence, said a worker who made $66,000 a year -- Rivera's salary -- would likely receive $635 a week in unemployment reimbursement. The approximate weekly payment for unemployment claimants is 50 percent of their average weekly wage, with a maximum of $653 per week, he said. Only the first $2,100 in unemployment income is exempt from taxes.
The maximum number of weeks a claimant can collect full benefits is 30 weeks, according to the state's Executive Office of Labor and Workforce Development Web site.
Erkan said he was surprised at Bonet's comment that the schools should have appealed Rivera's unemployment claim, and that Rivera received preferential treatment.
"I should not comment on the city government's internal decision making process regarding unemployment claims," Erkan said. "Quite frankly, I'm puzzled as to why a candidate for public office would choose to germinate legal controversy and scandalize an already embattled city with his present comments."
Mayor Michael Sullivan said he was not aware of the conditions under which Rivera left or the circumstances that qualify him for unemployment benefits.
"I'm sure Dr. Bergeron will make the best decision for the District and for the city of Lawrence," he said.
Several School Committee members expressed displeasure that Rivera has received unemployment benefits.
"It's sad this is happening at a time when he violated individuals' privacy -- 400 people were affected by this. And he's collecting unemployment?" committee member Sammy Reyes said.
It's not known if unemployment pay was part of the terms of Rivera's resignation. The School Department has refused to make a copy of his letter public, claiming it's part of his personnel file and therefore not subject to the state Public Records Law.
To see more of The Eagle-Tribune or to subscribe to the newspaper, go to http://www.eagletribune.com/.
Copyright (c) 2009, The Eagle-Tribune, North Andover, Mass.
Distributed by McClatchy-Tribune Information Services.
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