The metropolis investigation that led to the firing of Felix G. Arroyo didn’t conclude that he had assaulted or had intercourse together with his worker, based on a choose’s submitting in a set of lawsuits surrounding the previous metropolis well being chief.
Suffolk Superior Judge Patrick Haggan has allowed Arroyo’s defamation countersuit to outlive a movement to throw it out as the numerous instances head towards what is predicted to be a high-profile trial subsequent yr.
The case of former worker Hilani Morales versus former metropolis Health Chief Arroyo and the town of Boston has been working its means by way of the courts since March 2018, wherein Morales accuses Arroyo of sexually harassing her and the town of retaliating towards her when she complained about it.
The metropolis and Arroyo individually declare they every did nothing flawed; Arroyo says he by no means harassed Morales, who he says was only a dangerous worker, and the town says it didn’t retaliate and that it took motion towards Arroyo when Morales complained to Human Resources. Arroyo then filed the countersuit towards Morales, alleging that she’d defamed him by making assault claims to coworkers.
One of the steps the administration of then-Mayor Marty Walsh took in 2017 was bringing in legal professional Kay Hodge — one in all a handful of out of doors attorneys the town has on pace dial to deal with investigations and arguments in court docket — to undertake an investigation into what occurred. That was by no means made public, however Walsh canned Arroyo after it was accomplished.
In the submitting, Haggan summarized a few of its findings.
“The Hodge Report did not conclude that a sexual relationship occurred between Morales and Arroyo, that Arroyo treated Morales disparately, or that Arroyo physically assaulted Morales,” Haggan wrote. “It did advise, however, that Morales’s allegations could expose the City to liability. Subsequently, the City terminated Arroyo’s employment.”
Morales had beforehand claimed that the report vindicated her, which Arroyo had denied.
One of Morales’ alleged statements on the coronary heart of the Arroyo’s countersuit was that a number of accusers had been coming ahead, which then didn’t occur, main Arroyo to say that was defamatory.
Per the choose, the report says that “Several individuals” advised the investigating legal professionals that “Arroyo was disrespectful to his staff; engaged in favoritism; made inappropriate jokes and comments based on protected classifications, and encouraged staff to engage in certain non-City business during work hours. The Hodge Report, however, does not state that these witnesses reported physical or sexual misconduct by Arroyo against them.”
Arroyo’s legal professional Anthony Ellison touted the choose’s summation of the report, saying, “As the court made clear in their decision the ‘Hodge Report did not conclude that a sexual relationship occurred between Morales and Arroyo, that Arroyo treated Morales disparately or that Arroyo physically assaulted Morales.’ Mr. Arroyo has always maintained his innocence and looks forward to his day in court.”
A trial is predicted subsequent August, and the listing of potential witnesses consists of Walsh and different high-ups in his administration, plus a federal choose.
On the choice this week, Morales’ lawyer Tocci mentioned, “We disagree with the decision but are not surprised by the denial given the difficult standard to win such a motion. Where there are facts in dispute, the case proceeds.”
The metropolis declined to remark, citing the continued litigation, and mentioned the Hodge report couldn’t be launched as a result of it’s a personnel mater.
Source: www.bostonherald.com”