The Board of Assessors voted unanimously on July 31 to remove Assistant Assessor Karen D. Bertolino from her position, citing significant errors in the town’s 2024 property valuations. However, the way the board went about the firing process drew sharp criticism from Town Administrator Thatcher Kezer, who said that due to quick action by officials and staff after the board’s vote the town was “able to avoid serious fines for violation of labor law requirements.”
Board members maintain their actions were necessary to restore accountability, address taxpayer concerns and rebuild the integrity of the assessors’ database. Still, Kezer emphasized the need for proper procedures.
“Independently elected boards cannot ignore the employment laws and policies or ignore the guidance of our professional staff and legal counsel and think they have solved their problems,” Kezer said in a sternly worded email criticizing the board’s termination process.
Bertolino’s firing came after months of paid administrative leave that cost Marblehead taxpayers $35,493.98 since late March. The board also voted to begin the search for her replacement.
Kezer said the board failed to follow proper procedures outlined by labor counsel, Human Resources Director Tom Howard and himself.
“There should have been proper notice given to Karen Bertolino and she should have been given her right to defend herself and have her counsel present,” said Kezer. “No notice was provided.”
He added that the board failed to coordinate with the Human Resources Department, payroll and the Treasurer’s Office to prepare final checks and unemployment notifications as required by law.
The board’s chair, John Kelley, in a phone interview with the Current, defended the board’s actions. Bertolino allegedly admitted to making a “major error” in land valuations for a specific neighborhood during a March 19 meeting, he pointed out. This alleged admission, coupled with the findings of an independent audit, were sufficient grounds for termination, Kelley said.
Kezer said he didn’t know about Bertolino’s firing until an hour after it happened.
“Looking at the statute, it wasn’t necessary,” Kelley said, referring to the lack of formal notice. “If that was the only thing that we had to consider, then I would have given a lot more thought. However, as I mentioned at the meeting, she at a public meeting stated she made a major error. To me, her stating that was sufficient.”
The Current’s calls to Bertolino for comment were not returned.
In response to concerns about potential violations of labor laws, Kelley stated, “That can be totally worked out in the courts if need be. We have to move on. It’s not like we have a 20-person department; you have one person you have a concern about. It’s a small department. And as the professional who’s heading the department, we just can’t let this go on month after month after month.”
The board, in defending its actions, pointed to a series of missteps in the 2024 assessment process that led to dramatic and seemingly arbitrary changes in property values across Marblehead. Some homeowners saw steep increases, while others experienced decreases, creating an inequitable tax burden throughout the town.
As a result, Marblehead received 334 abatement requests in January 2024 — the most since 2008. The town approved over 80% of these applications, necessitating approximately $541,000 in refunds to taxpayers.
James Doherty from JFD Property Services LLC carried out an independent review. His report, dated April 26, found major issues with how property assessments were done, concluding that the approach “not only created potential inequity amongst various neighborhoods but required nonsensical adjustments.”
Kelley emphasized the unprecedented nature of the situation, stating, “This is a whole new experience for me. I’ve been doing this for 40 years, and it’s just never occurred.”
The termination raised questions about the authority of the board and the implementation of a recent Town Meeting vote. Article 35, approved in May, aimed to restructure the Assessing Department by moving it and the town assessor under the supervision of the finance department.
However, board member Jonathan Lederman said the article’s wording appears to contain a critical drafting error. In Marblehead, the ‘town assessor’ under state law legally refers to the three-member elected Board of Assessors, not the “assistant assessor” position held by Bertolino.
“Looking at the laws, it’s pretty clear that under Chapter 41, section 25A, we have the authority to hire and remove assistant-assessors,” Lederman said.
The board has directed Kelley to immediately develop a comprehensive job description and implement a hiring strategy. However, the exact role of the Finance Department in the selection process remains unclear.
While the language in the Town Meeting vote on Article 35 may not hold muster, some argue its passage is a public mandate for more Finance Department involvement over the Assessor Department’s affairs.
When asked about potential involvement from the Finance Department in selecting the next assistant assessor, Kelley said, “I am not sure at the moment. I’d like to discuss that with my board.”
