<!--#include virtual="/includes/archive.shtml"-->
  <div id="main"> <a name="#top"></a> <a name="#top"></a> 
    <h3 class="title">John J. Kazlauskas, Chairman,<br /> 
              Massachusetts Funeral Board - 2003<br />
            ("Neutral & Detached" or "Co-Conspirator")<br />
               His "Motives" & Created "Opportunity"<br />
</h3>
    <h4 class="titlesmall">UPDATE: November 3, 2008 </h4>
    <div id="print" style="border: 1px dashed #BBBBBB; padding: 0 0 0 0.5em; margin-top: 0.5em;"> 
      <p><a href="#" onclick="window.print();return false;"><img src="/images/print.gif" width="19" height="17" border="0" align="bottom"> 
        Print this page&#187;</a></p>
    </div>
<p>John J. Kazlauskas, a Worcester funeral home owner and director, was a member of the Massachusetts Funeral Board for many years prior to his passing in early 2005, having served as Chairman of the Board in 2003-2004. </p>
<p>What I am about to share with you was presented during the Administrative Hearings in this matter before Administrative Hearings Counsel, Anne Colleton (Division of Professional Licensure) and was presented in pleadings before a Justice of Worcester Superior Court. The statements and content is well documented in the public record as you will clearly see. It is not my intent to perpetuate Mr. Kazlauskas�s name and reputation in a negative light; for this matter could and should have been equitably resolved long ago by former and current Massachusetts Funeral Board Members and Central Massachusetts funeral directors coming forth with the truth and not their blatant attempts and outright arrogance to cover up the known conspiracy with more corruption.</p>
<p>The following is an accurate and complete presentation of documented facts and conversations - presented in an audio tape form and recorded by a Public Advocate - yet denied me in my presentation during the Administrative Proceedings conducted by Administrative Hearings Counsel, Colleton and before Justices of the Worcester Superior Court.</p>
<p><strong>John J. Kazlauskas, Chairman,<br />Massachusetts Funeral Board - 2003<br />("Neutral & Detached" or "Co-Conspirator")<br />His "Motives" & Created "Opportunity"</strong></p>
<p><strong>I. STATE BOARD CHAIRPERSON (John J. Kazlauskas - a competitor funeral director in Worcester, Massachusetts)</strong></p>
<p>A. On December 9, 2003 I was requested to appear before the State Board <STRONG>Exhibit 41 (Administrative Record, Volume III, page 1293)</STRONG> to answer questions concerning two (2) supposed pre-need funeral files that were reviewed by the State Board inspector (Bresnahan) on November 19, 2003 during an inspection at Nordgren Memorial Chapel. I arrived at 12:45PM for a scheduled 2:00PM appearance before the Funeral Board to find the State Board Chairperson (Kazlauskas) huddled in a corner of the reception area with Kurt and Katherine Mangsen (principal owners of Nordgren Memorial Chapel), Attorney Sinrich (Nordgren�s Corporate counsel), and Ronald Johnson (a funeral director at Nordgren Memorial Chapel). Seeing me enter the reception area, the Chairperson (Kazlauskas) turned scarlet red, abruptly walked away from the Nordgren entourage, past me without saying a word, and entered the Board Meeting yet to begin. <strong><em>(Administrative Record, Transcript of Hearing, Volume V, page 38 line 6 to page 39 line13)</em></strong>.</p>
<p>B. Prior to inviting me into the meeting, the investigator (Bresnahan) briefly described what he observed during the inspection. <strong><em>(Administrative Record, Volume III, Exhibit 54, page 1431, line 19 to page 1434, line 24)</em></strong>. Within moments he was interrupted by Chairman Kazlauskas whose statements in the presence of all State Board members, legal counsel for the State Board, the executive director (Peveri), the assistant executive director (Scully), a consumer advocate and the public are as follows - (documented in Administrative Record and available in audio recording in Chairman Kazlauskas�s own voice) -</p>
<p><strong><em>"If I may, I�ve spoken to John (Bresnahan - inspector) and I�ve spoken to Chris Carroll (Board Counsel) about this. Nordgren is not a competitive client. They�re at the other end of the city, and I would give them the option, that if they want, to have me step out. But Haddad is certainly not a competitor because he�s not even (inaudible), he�s not - he has a ticket, but he�s not (inaudible) right now.</p>
<p>I think I have enough institutional knowledge of all this that I think we�d be putting the importance of protecting someone�s right ahead of prudent examination of all of this. Is that a fair way to say it? And Chris (Carroll - State Board Attorney) has suggested there is no need of my recusing myself. I might (inaudible) be a witness in fact if necessary, if you decide to go to trial or hearing.</p>
<p>If you look at this letter, in defense of Kurt and Katherine Mangsen, prior to their buying the business, Nordgren, Kerrigan, & Mangsen was made up the Nordgren family, Jack Kerrigan and Steve and Harry and Kurt Mangsen. Harry died, and whatever happened between the rest of them there was a reason the Kerrigans pulled away. I don�t proclaim to know the details and I don�t want to know the details. But the fact of the matter is they found this letter dated 1999. It wasn�t under their tutelage. It was under Jack and Harry�s. They brought this guy in and they were paying him commissions, and they�ll tell you that, if you ask them point blank, they were paying commissions. But this letter, if you read it carefully, this has really gone "right up my nose" and it has done it badly."  (Administrative Record, Volume III, Exhibit 54, page 1435, line 1 to page 1436, line 12).</em></strong></p> 
<p>Chairman Kazlauskas�s statements to the full State Board are inaccurate and outright lies. He states "I don�t proclaim to know the details, and I don�t want to know the details", yet he clearly makes false statements of fact to the Full Board. The 1999 letter referred to <strong><u>was</u></strong> under the tutelage of Kurt Mangsen; for Kurt Mangsen became President of Nordgren Memorial Chapel three years prior (1996) on the occasion of the death of his dad, Harry Mangsen. Also the letter referred to was a corporation letter prepared at the direction of Nordgren�s treasurer and owner, John F. Carrigan, who discussed the content of the letter with Kurt Mangsen.</p>
<p>Chairperson Kazlauskas proceeds to read a Nordgren Memorial Chapel corporate letter from a pre-need funeral file not previously (or ever) reviewed by Inspector Breshanan. Half way through reading the letter, Chairman Kazlauskas states in his own words, <em><strong>"The Nordgren�s knew nothing about this. Their weakness is they didn�t - they trusted but didn�t verify. We all can plead guilty to a little of that."  (Administrative Record, Volume III, Exhibit 54, page 1437, line 12 to line 15).</strong></em></p>
<p>Chairman Kazlauskas read further and then stated, <em><strong>"That�s not factual either. Insurance pays a little less. This was really done to garnish commissions". (Administrative Record, Volume III, Exhibit 54, page 1437, line 21 to, line 23).</strong></em></p> 
<p>C. Chairman Kazlauskas continues (in his own words) - referencing me, <em><strong>"He�s a carpetbagger (in reference to my ethnic background as an Arab American). He offered me - I�ll put it out there. He came to me before he went to Nordgren�s and he offered me the following - If I come to you I will bring you my business. What do you mean, Phil, your business? He don�t have a business. I have a following (alleging my statements), and if you give me 90% of the casket mark up, you�ll get 10% plus the cost of the product and your overhead, and you can keep the vault sale".  (Administrative Record, Volume III, Exhibit 54, page 1439, line 20 to page 1440, line 7).</strong></em></p>
<p>D. Chairman Kazlauskas continues, <em><strong>"And I said, absolutely not. I want no part of you. That�s an illegal arrangement". "And that�s what these guys said. So that these people, Nordgren, will stand up to the fact that�s that was happening in the past. I think you�ve got a clear case of sending this thing to prosecution".  (Administrative Record, Volume III, Exhibit 54, page 1440, line 8 to page 1440, line 15).</strong></em></p>
<p>E. Finally, legal counsel for the State Board (Carroll) interrupted, <em><strong>"First off, it�s not even a complaint yet, correct?"</strong></em>  Chairman Kazlauskas responded, <em><strong>"Well it has to be docketed, yeah."</strong></em> Legal Counsel (Carroll) responds, <em><strong>"Docketed, and they have to respond. They have to get a response."   (Administrative Record, Volume III, Exhibit 54, page 1440, line 16 to page 1440, line 24).</strong></em></p>
<p>F. Chairman Kazlauskas responds, <em><strong>"Okay. All right. He�s (referencing me) is going to threaten to sue everybody. He�s already -He�s a snake. Excuse me, are we on the record?"</strong></em>  Ms. Cartmell-Siricco (Board member and Secretary to the Board at the time) responded, <em><strong>"Yes!"   (Administrative Record, Volume III, Exhibit 54, page 1441, line 1 to page 1441, line 5).</strong></em></p>
<p>G. Chairman Kazlauskas stated, <em><strong>"I didn�t say that. Can you delete that part Kim?</strong></em> (referencing Kim Scully, Assistant Executive Director for the State Board). At this point there was much laughter.  <em><strong>(Administrative Record, Volume III, Exhibit 54, page 1441, line 6 to page 1441, line 8).</strong></em></p>
<p>H. On the advice of legal counsel, Chairman Kazlauskas recused himself prior to me being invited into the meeting saying, <em><strong>"Okay! At the advice of Counsel. Okay! But I�m willing to step forward and stand up to this. You can ask me as an expert witness."  (Administrative Record, Volume III, Exhibit 54, page 1443, line 5 to page 1443, line 13).</strong></em></p>
<p>I. No sooner had I been dismissed from the meeting and left the premises, Chairman Kazlauskas immediately reassumed the Chairmanship of the meeting inviting the principals of Nordgren Memorial Chapel (as referenced above) into the conference room. The Chairman�s personal attacks on me continued as he made reference to the relationship between insurance companies and the Commonwealth of Massachusetts. Chairman Kazlauskas stated, <em><strong>"Their agreement with the Commonwealth of Massachusetts is that one of the things is that their relationship is with the establishment (the funeral home - Nordgren Memorial Chapel), not with these carpetbaggers".  (Administrative Record, Volume III, Exhibit 54, page 1557, line 18 to page 1557, line 21).</strong></em></p>
<p>The <strong><u>second and repeated Ethnic Slur</u></strong> directed at me by Chairman Kazlauskas within the hour. </p>
<p><strong>II. STATE BOARD CHAIRMAN (KAZLAUSKAS)</strong> - whose role as Chairman is to direct and guide the State Board in it deliberations and proceedings is governed by the same principles of bias, prejudice, or interest as applied to public officers or officials exercising judicial power or quasi-judicial administrative power. MAPRAC, 311, [FN5]</p>
<p>A. Chairman Kazlauskas�s aforementioned actions and statements to include malicious <strong><u>"Ethnic Slurs"</u></strong> on more than one instance and even after attempting to delete his initial statements from the record made the ethnic slur an additional time <em><strong>(Administrative Record, Volume III, Exhibit 54, page 1577,  line 18 to page 1577, line 21)</strong></em> - this time in the presence of the Mangsen�s, their attorney, and Mr. Johnson, fatally infected the process and future proceedings with his bias, prejudice, and defaming statements - all intentionally made to unduly influence all Board and staff members as well as future proceedings in this matter  - statements made in all instances when I was not present to defend myself.</p>
<p>B. So grave and pernicious were Chairman Kazlauskas�s statements of bias, prejudiced, and slander and so serious and harmful to the process rendered that a fair and impartial hearing of the facts and the rendering of a fair and just decision was impossible and constituted grounds for invalidation of the entire proceedings. MAPRAC [FN1.] Where appropriate grounds for invalidation exist, the failure of Chairman Kazlauskas to disqualify or recuse himself from the entire proceedings (and just not my appearance before the Board ) even in the absence of actual bias,  prejudice, or interest affecting the proceedings, renders the entire process a legal nullity.MAPRAC, 312 [FN6.]</p>
<p>C. <strong><u>Article 29 of the Massachusetts Declaration of Rights declares,</u></strong> - "A party to administrative agency adjudication is entitled as a matter of state constitutional right to a fair hearing before an impartial tribunal. MAPRAC 313, [FN5.]. Articles 1, 10, and 12 of the Massachusetts Declaration of Rights have been construed by the Supreme Judicial Court as encompassing "substantially the same" rights as those guaranteed by the "due process" clause of the United states Constitution. The United States Supreme Court developments in the area of procedural due process under the Fourteenth Amendment make clear that the federal right to a fair and impartial administrative agency tribunal and hearing at the state administrative level does in fact exist.</p>
<p>D. Chairman Kazlauskas�s blasphemous bias and prejudice remarks were a clear statement of prejudgment of administrative facts by the Chairman of a State Administrative Agency Board. He alleged I approached him in 1994 with a business proposition during which time he was a member of the State Board. He purported he stated to me the proposal was illegal. Yet now, 9 years later (December 9, 2003), Chairman Kazlauskas determined it was advantageous to raise the issue (an occurrence that never happened) which now totally and completely infected any chance of a fair and impartial administrative agency process for the appellant - not to mention the economic advantage Chairman Kazlauskas would have in attracting families that had previously been served by me.  <em><strong>(Administrative Record, Volume III, Exhibit 54, page 1439, line 20 to page 1440, line 7).</strong></em></p>
<p>(Administrative Record, Volume III, Exhibit 54, page 1440, line 8 to page 1440, line 15).</strong></em></p>
<p>E. Chairman Kazlauskas even went so far as to encourage the Mangsen�s to file complaints against me and stated, <em><strong>"I would suggest you do the same thing"   (Administrative Record, Volume III, Exhibit 54, page 1583, line 3 to line 4)</strong></em> in reference to the fact the State Board as a result of the chairman�s statements voted to initiate a complaint against me with the Division of Insurance - a complaint that was never filed by the Board. An administrative official engaged in adjudicating the rights and interests or parties must maintain and observe the essentials of sound judicial conduct. MAPRAC, 315 [FN8.]. He must strive to maintain an open and unbiased mind throughout the proceedings. He must conduct himself with impartiality. He must establish and maintain decorum in the conduct of the adjudication. He must observe "the same high standards as have been set for judges."MAPRAC, 315, [FN9.].</p>
<p>F. Chairman Kazlauskas stood to gain economic benefit from any action to deprive me of my economic livelihood by the suspension or sanctions against my license to practice as a funeral director. MAPRAC, 316.</p>
<p>G. In Withrow v. Larkin, the Court stressed that not only is a biased decision maker constitutionally unacceptable, but "our system of law has always endeavored to prevent even the probability of unfairness". MAPRAC, 320 [FN11.].</p>
<p>H. Where invalidating bias, prejudice, or interest, the administrative adjudicator should properly be disqualified or recused from the conduct of the adjudication. MAPRAC, 321, [FN1.] Failure to disqualify or recuse in such circumstances renders the entire proceedings null and void. [FN2.]. Chairman Kazlauskas, on advice of counsel, recused himself from my participation at the meeting on December 9, 2003, but immediately thereafter reclaimed the chairmanship and attacked me once again with an "Ethnic Slur"- this time in the presence of principals from Nordgren Memorial Chapel in addition to all Board members, Board staff, and the public.  <em><strong>(Administrative Record, Volume III, Exhibit 54, page 1577, line 18 to page 1577, line 21)</strong></em></p>
<p>I have and shall continue to present only the veritable facts, the truth, and demonstrate the arrogance that has and continues to fester in a state government environment where there is blatant evidence of a culture of ethical indifference, which cannot and will not be ignored any longer.</p>
<p>John J. Kazlauskas, the Bible being the source, I suspect will never rest in peace. What is equally tragic is that Mr. Kazlauskas was put in this position by others whose motives were deceptive, ill-founded, and personally destructive. They contributed to his demise and the circumstances whereupon he now finds himself. How these people can live with themselves - let alone look in the mirror of life at themselves - is beyond me. I suspect when the devil is your master, and you have turned your back to the Good Lord; just maybe one�s conscience is no longer and one can rationalize their actions for the present.</p>
<p>No One (and I am tempted to list each of you, but I won�t at this point) is above the Law of God! </p>
<p><strong>Next Update - November 14, 2008</p>
<p>Subject:  John Bresnahan, Inspector/Investigator: Was he "neutral & detached"? Was he a "Defender of the Law" or "Above the Law"?</strong></p>


  </div>
<!--#include virtual="/includes/footr.shtml"-->