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The New Bedford School Committee and an independent agency have determined that an alleged assault by the superintendent of schools against a union leader never happened.
The finding came after the School Committee reviewed an investigative report and a video of the alleged altercation between Schools Supt. Andrew O’Leary and Tom Nickerson, president of the New Bedford Educators Association, after the Oct. 5 School Committee meeting held at Keith Middle School. Nickerson alleged that O’Leary threatened him with physical proximity and slapped him twice on the chest. The investigative agency concluded that its findings do not support the claim.
“The school committee met last evening and reviewed the complaint, surveillance video, and the investigative findings of an independent investigation,” New Bedford Public Schools said in a news release Wednesday morning. “The video surveillance of the alleged interaction confirmed that the alleged assault did not occur. The investigator found that there was no physical assault and no violation of school committee policy.”
The agenda for the Oct. 5 meeting included contract negotiations with the American Federation of State, County and Municipal Employees. AFSCME Local 641 represents most civil service employees in New Bedford schools. Representatives for the union confirmed to The Light that none of their members were involved in the incident.
During public comment at the meeting, Nickerson spoke with the backing of representatives from several other municipal unions throughout the city. He said O’Leary supported Mayor Jon Mitchell’s proposal to increase the amount employees pay in healthcare premiums.
“Changing the health insurance splits is a matter that has been discussed at length with the City this year, and the unions have continued to vote against it,” Nickerson said at the meeting. “An increase would mean some would have to pay their employers every two weeks instead of getting paid.”
He added that it was too high a price to pay for a measure that would save the city more than $600,000.
Nickerson also claimed O’Leary supported the dissolution of the Public Employee Council, which represents unions for healthcare related negotiations with the City. The move relates to the mayor’s proposal to switch the state statutory models under which city employee health insurance is governed. Such a move would eliminate the PEC.
Nickerson said it would eliminate a voice for employees when it comes to health insurance, a voice he contested often helped the City keep costs down.
However, the investigation found that Nickerson’s public comments describing O’Leary’s positions on the contract issues were unsubstantiated. According to the investigation, it was the alleged mischaracterization of his stances that prompted O’Leary to approach Nickerson after the School Committee adjourned into executive session to discuss the AFSCME contract and did not return.
Video obtained by The Light showed O’Leary approach Nickerson and another man whom the superintendent appeared to ask to step away. Nickerson and O’Leary then began an animated discussion that drew the attention of others nearby. At the end of the 20 seconds of discussion, O’Leary gave Nickerson two light taps on the shoulder as he walked away.
Discrimination and Harassment Solutions, LLC, which conducted the investigation, said in its summary that the video was a crucial piece of evidence.
“The surveillance footage was particularly significant in evaluating the allegations of inappropriate physical assault,” the report read. “Although [redacted] alleged that Superintendent O’Leary firmly slapped his chest twice, the recording showed a brief touch to [redacted] shoulder or upper back, not the contact he described.
“The footage also did not corroborate [redacted] description of threatening physical proximity,” it continued. “Superintendent O’Leary was seen stepping back while speaking to him and ultimately walked away.”
Nickerson is then seen to be laughing and speaking with other union members before taking a group photo.
“The investigation also considered [redacted] conduct immediately following the encounter,” it read. “Surveillance footage showed him smiling, talking with other union representatives, shaking hands, and posing for a group photograph.”
School Committee member Von Marie Moniz told The Light in an email that she supports the findings and aims to continue working for New Bedford families and students.
“My hope is that we can now move forward collectively and refocus our energy on what matters most: the nearly 13,000 students and families we serve across New Bedford Public Schools,” she said. “Our students deserve our full attention, and we must remain committed to ensuring their success and strengthening our district.”
Committee member Richard Porter seconded the notion.
“I believe it is important that we now move forward collaboratively with all stakeholders,” he told The Light in an email. “My focus remains on the work that matters most: continuing to strengthen and advance the New Bedford Public Schools for the benefit of our students, staff, and families.”
Committee member Chris Cotter reiterated those sentiments.
“I will stand behind the independent investigation findings and have full confidence in our superintendent,” he said. “It’s an unfortunate allegation that was not substantiated. Now it’s time to get back to work in our district to support our 13,000 students and families and continue the positive momentum in our district.”
William Markey was also supportive of O’Leary.
“I did not witness the incident,” he said.”But it was reviewed by independent investigation and after being briefed on the information gathered and the evidence presented, it spoke for itself that no assault occurred.”
No other School Committee member responded to The Light’s requests for comment.
Nickerson did not respond to requests for comment via email and Instagram. The Light received no response to requests for comment to the New Bedford Educators Association via email, website portal, and a phone call.
Contact Kevin G. Andrade at kandrade@newbedfordlight.org
