Town's Attorney To Respond To Fahey Lawsuit By Friday

ANDOVER, MA — Andover's attorney expects to respond to Bill Fahey's lawsuit against the town by the end of the week, he said.

The former Youth Services director filed a lawsuit against the town and the town manager on June 3, alleging breach of contract and defamation of character, among other claims.

In his suit in Essex Superior Court, Fahey alleged that Town Manager Andrew Flanagan had been targeting him for over five years and that he did not have "sufficient cause to terminate his employment."

Flanagan fired Fahey in May, citing the findings of an independent investigation. According to Fahey's suit, the town alleged "credible information" that Fahey had "engaged in inappropriate behavior with a minor."

Flanagan has refused to release the unredacted report, citing concern for third parties involved in the case.

Fahey's firing prompted an outcry from current and former residents who described their own positive experiences with the former youth services director.

Among other claims, Fahey says in his filing that the investigator, Regina Ryan, "concluded that the person who made the original allegations against Fahey lacked credibility and that the original allegation was not substantiated."

The town's attorney, Leonard Kesten, told Patch that "credibility had nothing to do with it."

"Based on the things that Mr. Fahey admitted, the actions taken against him were warranted," Kesten said.

The Eagle-Tribune reported that they reviewed a video interview of a woman describing an "intimate though non-sexual relationship" with Fahey when she was in high school.

The woman described Fahey "discussing his sex life and sexual preferences" with her and later kissing her once when she was in her 20s, according to the Eagle-Tribune report.

The Essex District Attorney's office, which investigated allegations against Fahey and found that they "did not rise to the level of criminal conduct," conducted the interview, according to the report.

>>Read more from the Eagle-Tribune.

Fahey's attorney, Daniel Murphy, said he and Fahey had not seen the video.

"I think it's extraordinary that the town is finding ways to provide the newspapers with a video regarding allegations that were made by a particular person that they think should continue to be protected," Murphy said. "I think the town is playing games by using the report as both a sword and a shield."

Kesten said he had not seen the video either and did not know who showed it to the Eagle-Tribune.

"As far as I know it wasn't anyone on our side," Kesten said. "It was part of the DA's investigation."

Christopher Huffaker can be reached at 412-265-8353 or chris.huffaker@patch.com.