Politics & Government

Essex County Clerk of Courts Rebuts I-Team Sandbagging Claim

Swampscott resident Tom Driscoll says a Channel 4 investigative piece that reported he was off the job during court hours is inaccurate and sparked by a disgruntled employee.

The Essex County Clerk of Courts, who is elected in part by Marblehead voters, says a media broadcast claiming he was rarely on the job over 15 days in May and June failed to report 50 additional hours he logged.

Furthermore, Clerk Tom Driscoll said the WBZ-TV I-Team broadcast did not monitor his presence at two other court offices in Lawrence and Newburyport, and that any time away from the court was scheduled with staff.

And Driscoll said the report included as a source a disgruntled employee from another courthouse. Driscoll is from Swampscott.

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That individual had applied for but was not selected for an open Essex County assistant clerk position, Driscoll said.

The source claimed in the WBZ report that each time Driscoll, who earns $110,000 a year, collects a paycheck, “he should be arrested for grand larceny.”

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The I team reported that it watched Driscoll for 15 days in May and June, and that he was not at work six of those days and put in half days on six others. All told, he was at court 40.5 hours out of 120 hours the court was open, the report stated.

The report stated Driscoll started his day at Dunkin’ Donuts in Swampscott with friends, and that he coached lacrosse and hauled out his trash at home on court hours.

Driscoll said the he was at work for much of the time the report indicated he was gone.

"During the month that the I Team followed me, they failed to report on fifty additional hours that I worked during those days,” Driscoll said in a rebuttal to the report. “The I Team also admitted to me that they were unaware that I have three offices in Salem, Lawrence and Newburyport. They did not monitor my coming and going from any office other than Salem.

“The specific times shown away from the office during the report were on scheduled day and hours that I gave full advance notice to my staff. All of the instances shown were on Fridays.

WBZ-TV stands by its reporting. 

“We interviewed Mr. Driscoll and included comment from him in the story,” a WBZ spokesperson said in response to a Patch request for comment.  “We stand by our investigative reporting.”

Meanwhile, the Lynn Item reported that a spokesperson for the Massachusetts Supreme Judicial Courts said the allegations would be reviewed.

“The media report concerning the Essex Superior Court Clerk’s work hours contains serious allegations, which warrant a review by the Trial Court,” Joan Kenney, of the Supreme Judicial Court Public Information Office told the Item.

Clerk Tom Driscoll’s Statement in Response to the I Team Report:

In May of this year I hired a new assistant clerk for the Essex County Superior Court. There were four hundred applicants for the position, many of them current Trial Court employees. Three hundred and ninety-nine of the applicants were not hired.

One Trial Court employee who I know was extremely upset that he was not hired. That individual was deemed to be not qualified for the position by my screening committee and not afforded an interview. That person who was on air during the I Team report cowardly chose to take this avenue rather than call me to discuss his shortcomings.

The employee was very aware that I take a majority of my time off during the spring to follow and participate in my two sons’ high school lacrosse careers. The employee is also aware that my sons have an as yet incurable eye disease that is taking their sight. Because of this my wife and I are committed to supporting their passion for lacrosse for as long as they are able to play.

Elected officials whether it be the governor or the clerks of the court are not afforded vacation, sick or personal time. They are considered to be in their positions 24/7 for a term of office.

My assistant clerks and judges within the Trial Court are afforded six weeks vacation, five days personal and sixteen days sick time (That may be accumulated from year to year) for a total of over nine weeks total time off available to them.

Since taking office in 2001, I have never taken more than six weeks off from work in a calendar year. I have not taken a full week off at once since 2006.

I choose to take take days off one or two at a time or in partial days and hours off. The I Team reported that I took six days off of time from May 14th to June 14th. I provided them documentation that I actually took/was taking three weeks off between April 1st and July 1st. I also provided them with my planned schedule to take two more weeks off between now and the end of December.

During the month that the I Team followed me, they failed to report on fifty additional hours that I worked during those days. The I Team also admitted to me that they were unaware that I have three offices in Salem, Lawrence and Newburyport. They did not monitor my coming and going from any office other than Salem.

The specific times shown away from the office during the report were on scheduled day and hours that I gave full advance notice to my staff. All of the instances shown were on Fridays. Traditionally Fridays in all courts are lighter than other days of the week.

The Essex County Superior Court is one of the most efficient courts in the Commonwealth. It regularly is near the top statistically in every category used to evaluate production and performance. I am always accessible to any of my three offices when away from that particular office.

I will continue my practice of taking less time off from work than those who work for me and I will also continue to use a majority of my time to support my family in their endeavors.

Although I was particularly hurt by the I Team’s decision to produce such an inaccurate report, I am extremely proud to say that I did not hire the Trial Court employee who spoke on air during the report. That individual was not only unqualified, but of questionable character.

Tom Driscoll

Clerk of Courts



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