|
Server : Apache/2.4.62 System : FreeBSD fbsdweb2.web.rcn.net 14.1-RELEASE FreeBSD 14.1-RELEASE releng/14.1-n267679-10e31f0946d8 GENERIC amd64 User : www ( 80) PHP Version : 8.3.8 Disable Function : NONE Directory : /domains/justiceatwhatprice.c/rm-archives-111405/2005/07/ |
Upload File : |
<!--#include virtual="/includes/archive.shtml"-->
<div id="main">
<h3 class="title"><a name="top"></a>Update-July 14, 2005</h3>
<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»</a></p>
</div>
<p>As you know from previous updates, the issues before us are:</p>
<ul>
<li>Kurt and Katherine Mangsen, Nordgren Memorial Chapel terminated
my association at Nordgren’s, with no advanced notice, on November
19, 2003 (after 9 + years) while I was (and still am) a minority owner of
the funeral home.<br>
<li>John J. Kazlauskas (now deceased), and then Chairman of the State
Board of Registration of Funeral Directors and Embalmers made vicious and
malicious accusations and allegations calling me a “carpetbagger and
a snake” and then saying “Excuse me, are we on the record?”
When he was told “Yes1”, Mr. Kazlauskas stated “I didn’t
say that! Can you delete that part, Kim?” just prior to my entering
a meeting with the State Board on December 9, 2003. Mr. Kazlauskas was advised
by all parties in attendance to recuse himself prior my being invited to
the meeting, which he did.<br>
<li>I entered the meeting to what can only be described as a “hostile
environment.” As such, I asked if the meeting was being recorded?
The answer being, “Yes”, I asked for an audio copy of the proceedings
and was assured it would be available to me by a simple request; which was
made the very next day (December 10, 2003).<br>
<li>Upon my leaving the meeting, Mr. Kazlauskas, then immediately assumed
the chairmanship of the meeting and proceeded to invite the Mangsen’s
and their attorney into the meeting; at which time he instructed the Mangsen’s
and their attorney in the process of formally filing complaints against
me. No mention was made by any member of the State Board or its counsel
that Mr. Kazlauskas’s remarks and subsequent “stepping aside”
from my participation at the meeting dictated that his participation in
the same matter in the presence of the Mangsen’s and their attorney
was unjust, unfair, and a violation of ethical standards.<br>
<li>Within days Katherine Mangsen filed complaints with the State Board;
one being dated December 24, 2004 (the day before Christmas).<br>
<li>On June 29, 2004 the State Board issued to me a Letter to Show
Cause indicating I had 21 days to request an adjudicatory hearing –
a time table I met.<br>
<li>In the Letter to Show Cause, two of the complaints filed by the
State Board AS FACT, are, and I quote:<br>
<li style="padding: 0 3em 0 3em;">In or about November and December 2003, while you were not affiliated
with any funeral home, you solicited customers of Nordgren Memorial Chapel
to transfer their pre-need contracts to other funeral homes” and the
next complaint –<br>
<li style="padding: 0 3em 0 3em;">On at least one occasion after your termination from Nordgren Memorial
Chapel you attempted to enter into a financial arrangement with a licensed
funeral home for the PURPOSE OF REFERRING PRE-NEED CUSTOMERS TO THE FUNERAL
HOME in return for a portion of the revenue from the pre-need accounts.”<br>
<li>After more than 9 months of evasive tactics by the State Board
and Division of Provisional Licensure, they were forced to release the name
of the funeral director(s) referenced in the Letter to Show Cause. The funeral
director referenced above and who filed the complaint against me is Kevin
Mercadante, Mercadante Funeral Home in Worcester.<br>
<li>When the Division of Professional Licensure failed to release the
statement made by Mr. Mercadante, we requested a copy of the statement.
We were told no statement exists, other than Mr. Mercadante words to the
investigator, Mr. Bresnahan; and that if we wanted specifics we could interview
Mr. Mercadante ourselves.<br>
<li>We appealed this unbelievable position and statement to the Administrative
Hearings Counsel, Ms. Anne Colleton.<br>
<li>We have made three (3) appeals to Ms. Colleton, the Presiding Officer
assigned to conduct the hearing – the three (3) being:<br>
<li style="padding: 0 3em 0 3em;">That the hearing be held in Worcester where the overwhelming number of
individuals to testify for both sides reside (the majority being elderly
and in fair to poor health) – DENIED!<br>
<li style="padding: 0 3em 0 3em;">That as a result of Mr. Kazlauskas’s prejudicial and slanderous
remarks preceeding my appearance at the December 9, 2003 meeting of the
State Board, we requested an independent adjudicator be appointed to conduct
the hearing. DENIED<br>
<li style="padding: 0 3em 0 3em;">And lastly that we be provided with a copy of the statement made by Mr.
Mercadante; a statement that was not recorded and yet the State Board and
Division of Professional Licensure have accepted Mr. Mercadante’s
verbal statement as factual. DENIED.<br>
<li style="padding: 0 3em 0 3em;">All three (3) appeals were denied; yet I am told by Ms. Colleton that
“The Standard Adjudicatory Rules of Practice and Procedure ensure
the respondent will receive a fair and impartial adjudication of the matter.”</p>
</ul>
<p>Unfortunately, it doesn’t appear this is possible IN THIS CASE &
CERTAINLY NOT IN MASSACHUSETTS.</p>
<p> The Following Letter was sent to Governor Romney dated July 13, 2005 with
copies to the Attorney General, Inspector General, and Director, Office
of Consumer Affairs and Business Regulations.</p>
<div class="insert"><p>July 13, 2005</p>
<p> The Honorable Mitt Romney, Governor<br>
Commonwealth of Massachusetts<br>
State House, Room 360<br>
Boston, Massachusetts 02133</p>
<p>Dear Governor Romney:</p>
<p><strong>Re: Correspondence forwarded to Ms. Lindstrom, dated February
10, 2005</strong></p>
<p><strong>Correspondence forwarded to Attorney General Thomas Reilly dated<br>
March 14, 2005</strong></p>
<p><strong>Correspondence forwarded to Gregory Sullivan, Inspector General
dated<br>
May 20, 2005</strong></p>
<p><strong>(Copies enclosed)</strong></p>
<p>Governor Romney, it is time you were made aware of a “miscarriage
of justice” that has ravaged the State Board of Registration of Funeral
Directors and Embalmers and now the Division of Professional Licensure.
I make this statement based solely on the facts in hand to prove my every
word and every statement I now make and have made in the aforementioned
correspondence documents herewith attached as part of this package.</p>
<p>Actions taken by the State Board and the Division of Professional Licensure,
without benefit of a hearing and depriving me of my right to continue to
represent and serve the Eastern Orthodox Community of Central Massachusetts
at the time of a death in the family, is more than a travesty of justice.
The accusations made against be by my peers in the funeral industry are
as a result of jealousy and envy and nothing more. The Chairman of the State
Board at the time is on record as slandering me publicly to the State Board
prior to my voluntary appearance before the State Board, and I have the
audio tape of the slanderous and prejudicial remarks in my possession after
more than 9 months of asking for the tape from the State Board and Division
of Professional Licensure.</p>
<p>Governor, the investigation was flawed from its inception. The investigator
was prejudiced from the outset by the Board Chairman. The complaints filed
by three (3) funeral directors were and remain self serving – for
they benefit from my being so-called “put on the shelf” until
the issues are addressed. The complaints issued to me by the State Board
are and continue to crumble by the moment in the hands of the State Board
and Division of Professional Licensure. The “witch hunt” (and
that’s what I told the State Board, it was 18 months ago) has now
become the “witch hunt cover-up” of colossal proportions.</p>
<p><strong>Governor Romney<br>
July 13, 2005<br>
Page 2.</strong></p>
<p>Governor Romney, I have great respect for the “System” and
protocol. I have patiently sat back as long as I can (more so than anyone
else would have) for justice to be served. I even created the web site
www.justiceatwhatprice.com and provided updates on the proceedings, while
the Orthodox Community of Central Massachusetts struggles to deal with
the loss of their loved ones and my inability to be there for them at
this time.</p>
<p>I, and my capable attorneys from Bowditch & Dewey, LLP of Worcester,
Framingham, and Boston, am frustrated by the unjust, unethical, unprofessional,
and irresponsible decisions that have been made by the State Board and the
Administrative Hearings Counsel in this matter. We requested that the Show
Cause Hearing (if it ever happens) be held in Worcester. The rationale being
that the majority of the witnesses we shall examine and those prosecution
witnesses are from the Worcester area, are elderly, are generally in poor
health (two coming from nursing homes, and one with multiple sclerosis);
and that traveling to Boston, hassling the traffic, and attempting to find
parking would be irresponsible and a major hardship for these seniors. Request
denied!</p>
<p>The next request we made was for an independent adjudicator and the documentation
to support our request was, is, and remains fatal to the prosecutions position;
but not in the eyes of the Administrative Hearings Counsel. Denied!</p>
<p>And lastly, decisions made and conclusions drawn have been done so without
documentation to support the conclusion. The Prosecuting Counsel and the
Administrative Hearings Counsel have indicated if we want statements made
by the funeral director(s) to support the conclusions drawn by the State
Board and Division of Professional Licensure (statements that do NOT exist
in any written format), we should conduct our own interviews with those
funeral directors making the accusations against me. HOW PREPOSTEROUS!</p>
<p>Governor Romney, I am requesting of you as Governor, Commonwealth of Massachusetts,
to forego the form letter your staff sends out indicating that you have
forwarded my letter to the responsible executive office staff for review
and response on your behalf. From experience, no response is forthcoming.
I ask that you or the appropriate experienced and competent staff member(s)
get directly involved in this matter; for the repercussions of the “colossal
conspiracy and NOW cover-up” I am alleging will go far beyond the
borders of the Commonwealth of Massachusetts.</p>
<p><strong>Governor Romney<br>
July 13, 2005<br>
Page 3.</strong></p>
<p> I may be contacted at the following phone numbers for additional information,
and I hope and pray this matter, now brought personally to you, gets the
attention it rightfully deserves.</p>
<p>Respectfully,</p>
<p>Philip G. Haddad, Jr.<br>
9 Kenwood Avenue<br>
Worcester, MA 01605-1321</p>
<p>(508) 852-0094 (home)<br>
(508) 836-2600 (days)<br>
(508) 868-0167 (cell)</p>
<p>c.c. Thomas Reilly, <br>
Attorney General, Commonwealth of Massachusetts</p>
<p>Gregory Sullivan, <br>
Office of the Inspector General, Commonwealth of Massachusetts</p>
<p>Beth Lindstrom, <br>
Director, Office of Consumer Affairs & Business Regulations,<br>
Commonwealth of Massachusetts</p>
<p> Michael P. Angelini, Esq., Bowditch & Dewey, LLP (Worcester Office)<br>
Daniel P. Flynn, Esq., Bowditch & Dewey, LLP (Worcester Office)</p>
</div>
<p><strong>Update scheduled for July 25th:</strong></p>
<p><strong>present correspondence to and from the Leslie D. Alexander, Prosecuting
Counsel, Commonwealth of Massachusetts and correspondence to and from Anne
E. Colleton, Administrative Hearings Counsel, Division of Professional Licensure
– as initiated by my counsel, Daniel P. Flynn, Esq., Bowditch &
Dewey, LLP.</strong></p>
<p><a href="#top">Return To The Top of The Page » </a></p>
</div>
<!--#include virtual="/includes/footr.shtml"-->