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    <h3 class="title">"Positional v. Principled" Approach to Dispute Resolution</h3>
    <h4 class="titlesmall">UPDATE: October 24, 2007</h4>
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	<p>As I have stated on this web site on numerous occasions, there was clearly a "Conspiracy" on the part of the Chairperson of the State Board of Funeral Directors and Embalmers (Kazlauskas) in 2003 and its inspector (actually the Division of Professional Licensure's investigator, Bresnahan) to find any reason to bring action against me, so that I would no longer be able to practice as a funeral director in the Commonwealth. How could they do this? Why would they do this? For answers to these questions, one need only turn to Nordgren Memorial Chapel's principals, Kurt and Katherine Mangsen and Ronald Johnson.</p>

<p>Once Katherine Mangsen and her husband, Kurt purchased the majority ownership of Nordgren Memorial Chapel, apparently my usefulness was no longer wanted or needed - especially in light of the fact since I had encouraged Ronald Johnson to join the Nordgren Team, and he was now a director along with Kurt and me; I was suddenly dispensable. Angling for months attempting to find reason to either have me leave voluntarily or terminate me, Mrs. Mangsen, with advice and counsel from Nordgren's accountant, Johanna Higham, attempted to reduce my salary by approximately 40%. When that bogus plan was rejected by me, Mrs. Mangsen saw fit to terminate my family dental insurance and to take away the company cell phone provided to me so that when families called looking for me I would no longer be readily available to them.</p>

<p>Advised by corporate counsel, Scott Sinrich, that terminating me would have to be done "for cause" and not done arbitrarily, the Mangsen's plans hit a stone wall. What do we do now? </p> 

<p>It just so happened Ronald Johnson, now a director at Nordgren Memorial Chapel, and John Kazlauskas (who Ronald Johnson addressed as "Jackie"- dating back to their more than 40 year friendship) were very close friends. How friendly were they? So close were Johnson and Kazlauskas that when "Jackie" needed a licensed funeral director to direct a funeral at "Jackie's Funeral Home", he would call Ronald Johnson and ask if he could help him out. Ronald Johnson would have to clear it with Chet Caswell (Caswell-King Funeral Home) where Ronald Johnson was employed before coming to Nordgren's, and reluctantly, Mr. Caswell would concur. So close were Mr. Johnson and "Jackie" that Mr. Johnson under oath stated he purchased a couple of Cuban cigars for his friend, Jackie, during one of Mr. Johnson's trips.</p>

<p>So was it a surprise to anyone that when John Bresnahan, (remember Bresnahan is the inspector for the State Board and also is an investigator for the Division of Professional Licensure) supposedly arrived unexpectedly at Nordgren Memorial Chapel and asked to review six (6) pre-need funeral files on November 19, 2003 that Bresnahan was provided with two (2) files that I had arranged. On the surface - No Big Deal! But now for the "kicker".</p>

<p>The two (2) pre-need files given to Bresnahan by Nordgren's that I had arranged all of a sudden had one or more documents "suspiciously" missing. Even more shocking was the fact that Only one of the files given to Bresnahan that I arranged was a pre-need file; the other being a completed funeral file that had excess monies due to the family being withheld by Nordgren Memorial Chapel unbeknownst to me. You must know that pre-need funeral files (at least at Nordgren Memorial Chapel and I suspect at most funeral homes) are kept separate and filed separately from completed funeral files.</p>

<p>Now wouldn't you suspect that if you (an inspector) found two files to be deficient in any way that he/she (you) would ask for another sampling to determine if there was a trend throughout? Not Mr. Bresnahan! </p>

<p>Bresnahan either had enough information (and maybe prior direction as one could well assume after listening to his conversation and statements in his own words during the taped meeting of the State Board on December 9, 2003) or he was derelict in his role as an inspector; but regardless he did NOT seek a further review of additional files to determine whether his findings and determinations were consistent with other files. In Mr. Bresnahan's own words before the State Board he states, "they (referring to the Mangsen's) were in fact planning to terminate him" (referring to me, Haddad). </p>

<p>During my cross-examination of Bresnahan more than two and one-half (2 1/2) years later (that's how long it took before I had the opportunity to question Mr. Bresnahan as to his actions and positions taken as a result thereof), I asked Mr. Bresnahan, "Was he aware that one of the files he reviewed was actually a completed funeral file and not a pre-need funeral file, and if there were deficiencies in the two (2) files presented to him by Nordgren's, why didn't he asked to see and review additional files I had prepared?"</p>

<p>Mr. Bresnahan's response, "As an inspector, I can look at any files I want, whether they are pre-need or at-need!" - apparently attempting to either cover for his faulty actions or covering for Nordgren Memorial Chapel. As for why he did not look to review additional files, his canned response was, "I have several Boards that I am responsible for inspecting in addition to the Funeral Board, and I do not always have time."</p>

<p>I, also, have stated on this web site that early on in my 32 year federal career I was singled out and trained to be a "Grievance Examiner" - with my sole role to provide a resolution to disputes between an employee and management in instances that were in other regions of the country other than in New England (Region 1.). Where management and an employee would firmly rely on their perceived position as their basis for action, I was trained to ignore "positions" and rely totally on "principle" in my dispute resolution role allowing the system I swore to uphold to enable an equitable resolution to evolve. </p>

<p>Mrs. Mangsen proceeded to file three (3) frivolous complaints against me with the Division of Professional Licensure. These complaints were turned over to John Bresnahan to investigate. Prior to conducting an investigation, Bresnahan was required to forward a copy of the complaints to me for my comments and response. Knowing the complaints to be total and complete distortions and yes, blatant lies, I responded to each complaint in great detail with ONLY the truth and veritable facts. I might as well have saved my time and effort, for Bresnahan and the State Board "ignored" my responses without any attempt to verify the veracity of the facts submitted in my response. Kathy Cartmell-Siricco, then, proceeded to sign, date, and forward to me an Order to Show Cause dated June 29, 2004.</p>

<p>At this juncture in the proceedings, I was unaware of the Conspiracy that had been contrived, and I believed I was dealing with a fair and impartial system of government that would investigate, find, and determine the facts, the truth, and that justice would prevail. Naive? Yes, I guess I was and so too were my attorneys at the time.</p>

<p>Bresnahan didn't even verify the accuracy of the statements made by Mrs. Mangsen and her references to specific families. Bresnahan accepted her statements and the statements of Nordgren's attorney, Sinrich as the ONLY statements of facts he needed to proceed with a recommendation to the Board to move forward with prosecution.</p>

<p>It took a year to obtain a copy of the audio tape of the December 9, 2003 meeting of the State Board - with State Board Attorney Christopher Carroll ignoring our repeated requests for access to the audio tape of the meeting, then denying the State Board had the tape. Finally we were able to obtain the tape and fatal conversations on behalf of Kazlauskas, Bresnahan, McCarthy and others in December 2004.</p> 

<p>As of this date, 30 days shy of four (4) years (that's correct - 4 years), our conservative estimates have the cost to the Commonwealth of Massachusetts for this "Miscarriage of Justice" to be $3.5 M taxpayer dollars and counting - approximately $3.3 M in defense of the State Board and the Division of Professional Licensure's defenseless actions, assertions, conclusions, and decisions that will soon come under the fine microscope for the public to see for themselves. That is if the State Board, the Investigator, and the Division of Professional Licensure can find and / or produce the massive missing documents and Public Records that had to have existed in order for the conclusions they drew and decisions they made to justify their course of action.</p>  

<h3 align="center" class="title"><img src="/images/page_turn.gif" width="164" height="134"></h3>
<center><h3 class="title">"MASSIVE MISSING PUBLIC RECORDS"</h3></center>

<p>Al (you remember Al from the two previous updates) called me from the Netherlands earlier this week and asked me if I was familiar with the Harvard Negotiations Project at Harvard University. Since I was not aware of this project, Al proceeded to explain its importance in great depth and that he thought it important to share what I had been exposed to during the past (almost 4 years) with the Project Manager for the Harvard Negotiations Project. Al indicated he was willing to contact the Project Manager on my behalf, but I indicated I wanted to learn more about the initiative before contacting and preparing a "principled" paper for their review. More on this in a subsequent update.</p>

<p>Al suggested I purchase the book "Getting to YES!" for it will provide me with relevant information and understanding how less than ethical people utilizing a series of so-called "dirty tricks" can turn government "rotten". I have ordered the book.</p>

<p><strong>Next Update - November 9, 2007</strong></p>
<p><strong>Subject: "All the King's Horses and all the King's Men, Couldn't put Humpty Dumpty  Back Together Again"</strong></p>

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