By Alan Burke
MARBLEHEAD — Town officials have reached a settlement in police Sgt. Marion Keating's federal lawsuit charging that she was discriminated against by her superiors in the department.
According to Town Counsel Marc Miller, the terms of the settlement "may never be announced." He added, however, "Something will happen and the case will be resolved to the mutual satisfaction of the individuals."
He described the settlement process as "a meeting of the minds."
The case before the United States District Court, however, is not scheduled to be removed from the docket until early next year. Unspecified "funds" must be paid out before the case is dismissed.
The decision to settle the complaint would almost certainly have been made by Keating; her lawyer, David Belford; and the selectmen. On the town side, such matters are usually handled by the selectmen in a closed session. With completion of the process, the minutes of that meeting likely will be made public.
Keating's lawsuit was sparked by an incident in 2007 where she revealed arrest information on a case during a phone conversation with a Salem News reporter. Chief Robert Picariello held that revealing such information violated his policies. Keating was subsequently demoted from detective to patrol supervisor. She brought her complaint before the selectmen, only to have it rejected unanimously. Keating filed her lawsuit in federal court in August 2008.
A member of the force since 1977, her conversation with the News reporter was uncovered when Picariello reviewed recordings of police calls.
In forming her complaint, Keating lists a series of actions that she says constitute proof of discrimination, including leaving her out of the selection process for naming new detectives, being excluded from staff meetings and being given no clear assignment after her demotion. She held further that sharing information with the press was part of department policy designed to yield more information.
According to a court document, the settlement was initially agreed to on Oct. 29. Currently, that arrangement is being assessed by Keating's union.
John Blaisdell, the retired head of the town's patrolmen's union, noted, "In a case such as this, it would be proper for the union to be involved."
Picariello could not be reached Thursday.
