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Daily News

SPRINGFIELD — The Markens Group Inc. (TMG), an association-management and consulting firm, announced its newest full-service client, the American College of Governance Counsel (ACGC). Under this arrangement, TMG will manage ACGC’s day-to-day operations, and the association’s headquarters will be re-established in downtown Springfield.

Founded in 2015, ACGC is the association for corporate governance lawyers in the U.S. and Canada. It promotes high standards within the profession and advocates for broader adoption of best governance practices within business organizations. Through programs like its annual Colloquium, ACGC addresses today’s major corporate governance issues, including challenges to traditional models of governance, risk management, shareholder engagement, and an increasingly complex regulatory and enforcement environment.

“Top North American governance lawyers formed ACGC to foster a better understanding of the role that sound governance plays in successful strategic decision making,” said Frank Placenti, founding president of ACGC and leader of the governance practice at the global law firm Squire Patton Boggs, LLP. “Having been embraced by both the legal profession and the governance community, the college is ready to optimize our operations and accelerate our success. We believe TMG can help with that.”

Added Ben Markens, president and founder of TMG, “we’re thrilled to partner with ACGC. Over the years, we’ve developed methodologies and frameworks for driving operational efficiency and growth, and we’ve already begun to implement those for ACGC. Plus, we’re proud to bring national connections and unique industry ties to our own backyard here in Springfield.”

The only association-management company in Western Massachusetts — and one of only 80 companies worldwide to be accredited under the Association Management Company Institute’s standard for management best practices — TMG has helped associations and other nonprofit organizations to grow and achieve their goals for more than two decades. Other national association clients include the Paperboard Packaging Council, the Flexographic Pre-Press Platemakers Assoc., and the American Assoc. of Homeopathic Pharmacists.

Daily News

BOSTON — Gov. Charlie Baker nominated Ellen Randle of East Longmeadow to serve as an associate justice of the Probate and Family Court, Hampden County Division, and Karen Goodwin of Amherst to serve as an associate justice of the Massachusetts Superior Court. Randle has 32 years of legal experience and concentrates her practice in family law, probate disputes, and civil litigation, while Goodwin’s 31 years at the bar have focused on trial work in both the private and public sectors.

“Attorney Randle and Assistant U.S. Attorney Goodwin have, over the last three decades and throughout their impressive careers, demonstrated a strong commitment to serving Massachusetts’ families and their communities,” said Baker. “I am confident Attorney Randle’s and Assistant U.S. Attorney Goodwin’s experience will serve their respective courts well.”

The Probate and Family Court Department has jurisdiction over family-related and probate matters such as divorce, paternity, child support, custody, parenting time, adoption, termination of parental rights, abuse prevention and wills, estates, trusts, guardianships, conservatorships, and changes of name.

The Superior Court is a statewide court of general jurisdiction, handling both criminal and civil actions. The court’s 82 justices sit in 20 courthouses in all 14 counties of the Commonwealth. The Superior Court has original jurisdiction in civil actions over $25,000, and in matters where equitable relief is sought. It also has original jurisdiction in actions including labor disputes where injunctive relief is sought, has exclusive authority to convene medical-malpractice tribunals, has appellate jurisdiction over certain administrative proceedings, and may hold sittings for naturalization in any city or town. The court has exclusive original jurisdiction of first-degree murder cases and original jurisdiction of all other crimes.

“I am pleased with the nominations of two well-respected and skilled women attorneys from Western Massachusetts,” said Lt. Gov. Karyn Polito. “If confirmed by the Governor’s Council, their respective courts and communities will benefit greatly from Attorney Randle’s and Assistant U.S. Attorney Goodwin’s judgment and wisdom.”

Law Sections

Winning Attitude

Raipher Pellegrino

Raipher Pellegrino

Its marketing materials are emblazoned with the phrase ‘for the win.’ But at Raipher, P.C. — the law firm Raipher Pellegrino founded in 1994 and put on the map with a series of high-profile victories — the end result is only part of a successful case. Just as important, Pellegrino notes, is helping clients, who are often suffering through the worst crisis of their lives, navigate the legal system and get back to some semblance of normalcy. That, in itself, he says, is also a win.

Raipher Pellegrino may be best-known for winning a handful of high-profile court cases. There was his defense in 2002 of a man accused of breaking into a UMass dorm room with attempt to rape, arguing — successfully — that the defendant was sleepwalking. Then, as a plaintiff’s attorney, he secured a $6 million settlement for the family of a woman killed when a Big Dig tunnel collapsed on her car in 2006.

Such cases may not represent the day-to-day work of Pellegrino and his team of attorneys at Raipher, P.C. in Springfield, but they did help raise his profile, which is why he works on cases for clients nationally.

“It’s a matter of being able to prove results year in and year out, on complex, oftentimes high-profile cases, which can be more difficult to handle because you’re worried about not just the legal aspect, but the public-relations aspect of the case,” Pellegrino told BusinessWest.

Perhaps most recognized as a personal-injury firm, Raipher also focuses on criminal defense, family law, and general business law, from commercial transactions to business litigation and everything in between. Pellegrino also has a special interest in charter schools, a model he supports, and has represented them in matters ranging from financing to litigation.

When he launched his firm in 1994, “the original concept was personal injury and criminal litigation, but not so much on the transactional side. We’ve evolved since then,” he said, noting that the firm currently boasts 12 attorneys.

In any case, success isn’t measured only in decisions and settlements, he explained, but in meeting the myriad needs of clients who are often dealing with life-changing situations.

“When someone is in a circumstance where they need a lawyer, it’s a moment of anxiety. Our goal here is that they should feel less anxious after they contact us,” said Sean O’Connor, who joined the firm 18 months ago in a management capacity, overseeing the case loads of each attorney and handling marketing and other non-legal aspects of the business, in an effort to modernize the practice.

SEE: List of Law Firms

“We go up against some of the largest forms in the U.S. and the world, with over 1,000 attorneys,” Pellegrino added. “They’ll attempt to bury you with process, putting five or six lawyers on the case and sending documents 24/7. The modernization of the practice on the intellectual side and also in workflow is important; it allows us to take on large firms from right here in Western Mass.”

For this issue’s focus on law, BusinessWest sat down for a candid chat with Pellegrino and O’Connor about how they take on those challenges — and why the process of resolving each case is as important as the end result.

Sean O’Connor

Sean O’Connor says much of the firm’s business comes from client referrals, which he considers “a real compliment to an attorney.”

Sweet Relief

Personal injury is a broad field in itself, encompassing car accidents, product liability, medical malpractice, slip-and-fall injuries, and workplace injuries, just to name a few. Pellegrino cited a recent, complex case with multiple defendants, in which the plaintiff was killed in a manufacturing plant.

“We brought suit against the company that designed the machine and the employer, and we were able to settle that for several million dollars despite having serious legal obstacles which could have precluded an award to the plaintiff,” Pellegrino said, including a state workers’ compensation statute that throws up barriers to suing employers. “We were able to navigate around those issues and resolve that case.”

The defendant was a Boston-based company, and his sole heir lived in Puerto Rico, but despite the presence of many large personal-injury firms in the Boston area, the plaintiff sought out Raipher, an example of the firm’s reputation for handling difficult cases — work that begins with the first meeting with the client.

“We don’t try to sell the firm; we try to educate people. We believe education is the building block of what we do,” he explained, likening it to a different kind of major life event. “If you’re going in for surgery and have no concept what the surgery is about, what the process is, it can be frightening to go through it because of the fear of the unknown. Well, nobody prepares for an accident; you don’t wake up and say, ‘I might have an accident today.’ But if you have a law firm in mind, and you know they’ve been through it time and time again, and they can walk you through the process, it takes some of the fear away.”

The firm uses the motto ‘for the win,’ but Raipher Pellegrino emphasizes that the process of finding relief, restitution, or justice is as important as the end result.

The firm uses the motto ‘for the win,’ but Raipher Pellegrino emphasizes that the process of finding relief, restitution, or justice is as important as the end result.

And monetary restitution isn’t the sole goal, he added. “We also want to let them get on with their lives. They may be out of work, have loss of income, physical pain; that’s what they should be focused on, getting better and back to life as quickly as they can. We routinely tell clients, ‘let us do our job and make your life easier.’ And if we can make the process more understandable, that’s part of our job — not just getting a monetary settlement.”

Pellegrino said his firm has built its client base organically. “We have generational clients, we’ve been referred by clients’ family and friends, and we’ve had referrals from attorneys, not just in Western Mass., but around the country. I’ve had jurors hire me.”

That makes sense, he added, since jurors have a front-row seat to how an attorney works. If one is impressed and, down the road, has a need for a lawyer, they’ll remember what they saw in court. “That feels good, when people appreciate you and want to hire you. We take pride in our work and in delivering a good product.”

Added O’Connor, “the greatest complement we get here is client referrals. Raipher has clients he’s known for 20 years who still refer people to us. That’s a real compliment to an attorney, to have the confidence of past and current clients.”

To earn that confidence, Pellegrino said, his team is dedicated to staying educated on all facets of the law they handle. “A doctor doesn’t stop reading about new surgeries. We’re constantly adapting to changes in the law, whether regulatory or statutory.”

When asked whether the regulatory landscape has become more burdensome over the past decade or so, he said many lawyers would say yes. “And that certainly requires a broader spectrum of knowledge to litigate a claim.”

But some changes have been beneficial for attorneys, he added. For instance, only recently have lawyers in Massachusetts been allowed to ask potential jurors specific questions during the voir dire process, allowing them to dig into biases — whether conscious or subconscious — and establish their best opportunity to ensure a level playing field. In addition, lawyers can now demand a specific award amount at trial, which can make it easier to demonstrate the value of an injury, loss, and suffering to a jury.

And jurors take these matters seriously, Pellegrino said, noting that, while people often feel hesitant when summoned to jury duty, once they’re empaneled, they tend to embrace their responsibility. In fact, he noted, jurors are often frustrated they can’t get more information, though there are good reasons behind the rules for which pieces of evidence can be entered into the record and which can’t.

He recalled one criminal-defense case that fell apart for the prosecution during cross-examination and was quickly settled. “The jury waited for me outside the court to talk to me; they wanted to ask about more underlying facts of the case. It shows how they’re engaged, and they take it seriously.”

For the Win

Pellegrino certainly takes his work seriously, even though personal-injury law often suffers from negative perceptions in society.

“The only way our society knows how to compensate someone for a civil loss is monetarily,” he said. “One of the best mediators in the country likes to ask, ‘if I could give you your leg back or offer you $100 million, which would you take?’ Inevitably, the person says, ‘I’d want my leg back.’ So it’s clear no amount of money can adequately compensate for your leg.”

I tell everyone, ‘don’t go into the practice of law for money. It serves society in many ways, and if you put your heart and soul into it, it’s one of the most gratifying professions you can have.”

As a result, he went on, it can be difficult to put the value of a death, injury, or physical loss in financial terms. “It’s constantly evolving, and so many factors go into it. In every case, those factors change. There are different ways to value it and monetize it. It’s not simply, someone gets in an accident and makes a demand, and you give them that money. It’s far more complex.”

O’Connor said he often finds himself explaining this concept at dinner parties. “People often don’t want to bring a lawsuit because there’s a stigma. But there is literally no other way to compensate you for someone else’s wrong. It’s not your stigma. Someone else’s negligence caused you harm. So the stigma is unfortunate.”

But Pellegrino sees the value of his work in the lives of his clients, and doesn’t worry about public perception.

“I tell everyone, ‘don’t go into the practice of law for money,’” he told BusinessWest. “It serves society in many ways, and if you put your heart and soul into it, it’s one of the most gratifying professions you can have.”

The emotions cut deep in both wins and losses, he added. In the Big Dig case, he recalled being happy for the plaintiff, who wouldn’t get his wife back, but could at least move on with his life having received some compensation and an assurance that it wouldn’t happen to someone else.

Then, in a criminal-defense case, “you can lose the case, and the client is going away to be incarcerated for 10 years, and they’re thanking you and hugging you and telling you how appreciative they are of your effort,” he said. “That’s an odd feeling. But at the end of the day, you’re not going to win every case, but if you put your heart and soul into it, the client knows that. They know you can’t guarantee an outcome.”

O’Connor agreed, adding, “you feel like you disappointed them, even though they’re clearly expressing gratitude. Clients can tell whether you’re phoning it in or doing the best you can for them.”

Still, every lawyer wants to win — which is why Raipher, P.C. uses the phrase ‘for the win’ in its marketing materials.

“I tell people, ‘you almost have to hate losing more than you like winning,’” Pellegrino said. “And if I lose, I’ve got to know that I did everything I could for the client.”

Joseph Bednar can be reached at [email protected]

Law Sections

Tiny Homes, Big Questions

By Jeffrey L. Adams

Jeffrey Adams

Jeffrey Adams

Tiny homes are efficient, cost-effective, and environmentally friendly. Generally speaking, tiny homes are defined as residential dwelling units measuring 400 square feet or smaller. As a result of their benefits, tiny homes are soaring in popularity both locally and nationally.

With a blossoming tiny-house market, however, comes increasing uncertainty due to the vast landscape of complicated legal issues facing prospective owners of such homes. This article is not designed to be an exhaustive list of every imaginable legal issue facing a prospective tiny-home owner. As outlined below, there are a wide array of potential issues facing the building or purchasing of a tiny home. Some of those issues may apply to the building of a tiny home, some to the purchasing of a tiny home, and many others to both construction and sale.

The first concern prospective tiny-home owners must contemplate is whether the purchase and sale of their tiny home is governed by common contract law or the Uniform Commercial Code. Tiny homes are commonly built on either a foundation or a trailer. This distinction dictates which law applies. Article two of the Uniform Commercial Code governs the sale of “goods” that includes “all things … which are movable at the time of identification to the contract of sale.” Accordingly, if your tiny home is built on a trailer, it is “movable” at the time of identification of the contract and governed by the Uniform Commercial Code. Any tiny home, however, built on a foundation will be governed by common contract law, similar to most residential homes. It is imperative to determine which law applies prior to entering into a contract to ensure a smooth purchase or sale of your tiny home.

The next issue for prospective owners is whether the land on which you intend to place your tiny home is zoned for such use. Massachusetts General Laws c. 40A permits local governments to enact zoning ordinances and bylaws which regulate how landowners may use their lands. Currently, Nantucket is the only municipality in the Commonwealth that has permitted tiny homes to be placed legally on land that already includes one residential dwelling. Unfortunately, most municipalities are likely to restrict residentially zoned plots to one dwelling, which will present significant legal issues for tiny-home owners seeking to place their homes legally.

One way tiny-home owners nationally are trying to circumvent such zoning restrictions is through a request to their local government permitting a tiny home as an accessory dwelling unit (ADU). This is a clever mechanism that permits a second dwelling on a zoned plot; however, municipalities tend to enact such bylaws only where the second dwelling is attached to the primary residence. The legislative purpose of permitting ADUs is to create a cost-effective alternative for the elderly. Therefore, many municipalities may be hesitant to allow tiny homes as ADUs where such homes are not connected to the principal residence.

In addition to the Zoning Act, tiny-home owners must be cognizant of the building code, which regulates how one may build their tiny home. See 780 Code Mass. Regs 1.00, et. seq., and model regulations cited. The building code is enforced by the state, and any local zoning ordinance or bylaw may not interfere with the implementation of the building code.

The building code poses yet another challenge for prospective owners. The state requires that the code govern the building of any residential dwelling used for the permanent provisions of living, sleeping, eating, cooking, and sanitation. Accordingly, prospective owners, especially those building their own home, must comply with the building code.

Finally, prospective owners must adhere to the Department of Public Health’s regulations regarding dwellings that are fit for human habitation. See 105 Code Mass. Regs. 410.000, et. seq. For example, the regulations require that every dwelling unit must contain at least 150 square feet of floor space for one occupant, and 100 square feet of floor space for each additional occupant. These numbers may be difficult to achieve for prospective owners, especially families with the intent of going tiny.

The laws and regulations governing tiny homes, as currently constituted, were written and implemented by principally considering the purchase and sale of residential dwellings that were affixed to a foundation and were large enough to comply with all of the state’s building and health requirements. Tiny homes pose a challenge, not only to the prospective owners of such homes, but also to our local and state governments.

Ultimately, a primary tiny-home market will erupt once a secondary market forms for such homes; however, this impending growth will not occur if our local and state governments do not adapt. Perhaps the proper method to govern tiny homes is by subjecting such homes to the same laws and regulations in place for recreational vehicles and mobile homes, rather than creating a new, complicated framework of laws specifically designed for tiny homes.

One thing is certain: tiny homes present enormous potential rewards for sustainable, economic living that can help ease the dearth for affordable housing. The question remains: will our laws dictate such an outcome?

Jeffrey L. Adams is an associate with Robinson Donovan, P.C., where he concentrates his practice on litigation; (413) 732-2301; [email protected]

Law Sections

Taking It Personally

By John S. Gannon, Esq.

John S. Gannon

John S. Gannon

As a management-side employment attorney, I know how frustrating it is for businesses to be sued by current or former employees. Employers who have been through the litigation process know it’s a stressful, time-consuming exercise that often requires their managers or supervisors to be deposed or called as a witness at trial.

Unfortunately, being a witness is not the worst outcome for managers and supervisors who get dragged into employment litigation. Many state and federal employment laws provide a path for litigious employees to individually sue their managers or supervisors, while at the same time suing the employer as a completely separate entity. These laws can put managers and supervisors in the dreadful position of having to personally defend themselves in a lawsuit, while exposing their personal assets (home, car, bank accounts, etc.) to risk if the plaintiff is successful. It also means having to pay defense costs and attorney’s fees regardless of how the case turns out. A recent Massachusetts federal court decision highlights the relative ease of bringing an individual liability claim against a supervisor in an employment lawsuit.

Elliott Eichenholz worked for Brink’s Inc. His supervisor was Gordon Campbell. According to Eichenholz, while he was out on a disability leave, Campbell issued him a performance-improvement plan (PIP) letter addressing Eichenholz’s performance deficiencies. The PIP letter also contained various demands Eichenholz would need to meet within a prescribed time frame.

Eichenholz returned to work about two months later. Upon his return, Campbell e-mailed Eichenholz, stating that he needed to develop a plan to address the issues raised in the PIP letter now that he was back to work.

From my perspective, Campbell’s approach appeared reasonable enough, but Eichenholz did not see it that way. He resigned a few days later and subsequently filed a lawsuit claiming that Brinks and Campbell discriminated and retaliated against him in violation of a host of federal and state employment laws, including the federal Family and Medical Leave Act (FMLA) and the Massachusetts Fair Employment Practices Law, which prohibits discrimination in employment (Chapter 151B). In his complaint, Eichenholz claimed he needed to resign “in order to ensure that he was no longer subjected to unlawful harassment, no longer subjected to a hostile work environment, and no longer in the precarious position that Campbell’s continuous violations and discriminatory behavior had caused.”

Campbell moved to dismiss the charges against him, raising two principal arguments. First, he argued the FMLA claim should be dismissed because that law does not allow for individual liability. Second, he contended Chapter 151B warranted dismissal because Eichenholz did not follow the proper procedural channels before filing that claim.

The court rejected both arguments. Although the FMLA does not expressly allow for individual liability against supervisors, courts have ruled that similar federal laws — including the Fair Labor Standards Act — permit personal liability against supervisors. This was enough to convince this court that FMLA liability could flow to Campbell. Also, because Campbell was on notice of the potential Chapter 151B claim early on, he could not rely on technical procedural errors to defeat the individual liability claim.

Because the Massachusetts anti-discrimination statute (Chapter 151B) allows for individual liability, supervisors can be personally sued in almost any lawsuit that alleges a violation of state anti-discrimination law. In addition, state and federal wage-payment laws, including the federal Fair Labor Standards Act and the Massachusetts Wage Act, can trigger individual unpaid-wage liability for certain executives, officers, and even managers within the organization.

In light of this vast potential for supervisor liability claims, we recommend litigation-avoidance training for managers and supervisors as a way to mitigate risk. Effective training is probably the single best way to combat individual liability exposure, as it puts managers and supervisors on notice of this very real threat. Training programs also highlight tips and strategies that managers and supervisors can use to avoid litigation crosshairs and keep the company out of expensive lawsuits.

If your manager or supervisor is sued individually, it may also be (somewhat) comforting to know that individual liability claims are often a strategic move meant to make the case more difficult to defend. It is rare — but not unheard of — that a manager or supervisor is left paying damages associated with an adverse judgment, rather than the business. Even so, adequate training can help prevent employment claims before litigation is filed, which is a win-win situation for both the supervisor and the company.

John S. Gannon is an associate attorney with Skoler, Abbott & Presser, P.C., a management-side labor and employment firm with offices in Springfield and Worcester.

Sections Technology

Human Touch

NetLogix President Marco Liquori

NetLogix President Marco Liquori

Information-technology solutions providers can easily get lost in a maze of technical jargon, but that’s the last thing Marco Liquori wants to throw at customers. Instead, the technicians at his 13-year-old company, NetLogix, are trained to communicate clearly with clients about their network needs — and then meet those needs, in the background, so businesses can focus on growth, not computer issues. A recent customer-satisfaction report suggests the Westfield-based firm is doing something right.

When Marco Liquori talks about how his IT company, NetLogix, sets itself apart, he doesn’t go right into technical jargon. In fact, he tries to avoid it.

“We have some business savvy; we’re a small business ourselves,” he told BusinessWest. “We take that knowledge to our clients, and, when we do talk to them, it’s not geek-speak, but business recommendations in plain English.”

That’s actually one of the points on a list he’s prepared called “10 Things We Do Better.” Some of them — delving into areas like network security, budgeting for IT services, and the difference between proactive maintenance and reactive response — get into the nitty-gritty of NetLogix’s services, but many are common-sense goals that wouldn’t be out of place in companies in myriad industries.

Take phone calls, for instance. “We answer our phones live and respond quickly,” he said, noting that callers will always get a human being, not a recording or voice mail, and those calls are followed up by a technician within the hour — actually, the average is 12 minutes.

Those touches are part of the reason why a third-party monitoring system, SmileBack, which tracks customer satisfaction for companies, reported that NetLogix scored a 99.4% favorable rating from clients in 2016 — the highest customer-satisfaction score it recorded last year.

netlogixbuilding

“That’s unheard-of in our industry; our competitors are unable to say that,” Liquori said. But it’s not a surprise, he added; it’s a goal the company works toward. “Our techs are incentivized to get high satisfaction scores; they’re compensated not on billable hours, but on efficiency and customer satisfaction.”

Of course, part of achieving high satisfaction scores is actually getting the job done, and this is where a shift in the company’s strategy several years ago has paid dividends and grown the Westfield-based firm — which Liquori describes as a network-management, cloud, and systems-technology integrator providing end-to-end solutions for clients — to a 12-employee operation, and why his plans to keep expanding the company look promising indeed.

Entrepreneurial Itch

Liquori had worked for several other computer and IT companies — “value-added resellers was what we called them back in the day” — but business wasn’t great in the years following the dot-com bust. In 2004, the firm he was working for decided to take his business in a different direction, focusing more on application development. In the transition, Liquori decided to set out on his own — even in that tough economic climate.

“I was on my own for a year, but we grew, slowly and steadily, and we’ve been growing ever since,” he told BusinessWest. “We were originally a break-fix service — when people had issues, they would call us, and we’d go out and fix them.”

During that time, he was developing a book of business focusing on a handful of industries in which NetLogix still specializes today, including insurance agencies, law firms, medical and dental practices, and professional services like accounting firms. But the business model needed tweaking.

We try to understand each client’s business need for technology and address it. We help them overcome challenges they may have with some new technology or new processes.”

“It was a more reactive model. As an issue occurred, we’d go out and fix the problem, and we’d bill for the time we worked,” he explained. “Over the past few years, we transitioned to a managed-services model that’s more proactive in nature. We’re constantly monitoring every system out there for our clients.”

That encompases everything from preventing cyberattacks and monitoring for malicious activity to installing Windows and third-party application updates to managing firewalls and developing disaster-recovery strategies.

“We try to understand each client’s business need for technology and address it,” he said. “We help them overcome challenges they may have with some new technology or new processes.”

Under the old system, the more hours NetLogix’s technicians worked, the more money the company made. But a managed-services model is a win-win for both sides on multiple levels, he explained. “With this, the overall objective is to make IT spending predictable for the client, which helps them them budget accurately. They pay a fee for unlimited support.”

That’s an advantage over many companies that hold fast to a more reactive model, he said, adding that clients like knowing exactly what they’ll be spending — no surprises — and can focus their energies outside the IT realm, on growing the core functions of their business.

defendingagainstcyberattacks

In fact, the fixed price, all-inclusive support plan includes a commitment to resolve any issues that arise in an expeditious manner. Since everything is included in one price, Liquori explained, NetLogix is highly motivated to use its time wisely and bring each situation to a successful completion — and clients aren’t nickel-and-dimed just at the time they need the most help.

“Our goal is to resolve issues as quickly as possible, and make sure their computers are back up fully and functioning normally as soon as possible,” he said.

But he kept coming back to the firm’s security-first approach. NetLogix’s first task is to evaluate a client’s network and explain any potential risks and exposures, and recommend adjustments to protect the network and client data — which is of massive importance for companies that store patient records or financial information, for example.

“With our full suite of multi-layered security in place, none of our clients were affected by the WannaCry ransomware attack — or any other ransomware,” Liquori said, referring to last month’s worldwide attack targeting computers running the Microsoft Windows operating system, encrypting data and demanding ransom payments to free it. Within a day of the attack, more than 230,000 computers in 150 countries were affected.

“We keep all our engineers constantly trained in the latest technology that’s out there, and constantly go to security seminars and network-security training events,” he went on. “Security is the biggest thing, and we stay on top of it.”

Growth Pattern

At the heart of NetLogix’s services, though, is its strategic IT planning. Liquori said he considers himself a strategic partner with clients, listening first and offering solutions second.

“I really enjoy a challenging technical issue and being able to provide a solution that meets a business objective and saves the customer money by improving efficiencies and improving security,” he told BusinessWest. “Customers may be losing sleep over these things. I enjoy the fact that we can take that burden off them so they can focus on their business.”

Liquori said he’s certainly looking to grow beyond 12 employees, and geography isn’t the barrier it used to be in the IT world. “Most of what we do is remote, so we can work in almost any geographic area,” he explained, adding that the firm covers most of the Northeast. But face time is important, too.

“For our managed-services clients, we will engage with them proactively — quarterly or semiannually, depending on the size of the organization. We will sit with the business owner or office manager for strategic IT planning. We’ll talk about areas where they’re weak or vulnerable, get those adjusted and up to speed. It may be making sure they have a backup recovery solution, or a computer may be out of date, so we plan together for updating their computers to help them stay atop the curve.”

And sleep better at night.

Joseph Bednar can be reached at [email protected]

DBA Certificates Departments

The following business certificates and trade names were issued or renewed during the month of May 2017.

AMHERST

Blade Logic
10 Gatehouse Road
Old School, LLC

Eco Tech Management
463 West St.
Haim Gunner

Electrolysis by Athena & Lorraine
48N Pleasant St.
Lorraine Barbieri

Old School Productions
10 Gatehouse Road
Old School, LLC

Paciulli Consulting
141 Columbia Dr.
Melissa Paciulli

Passport Press
257 Shutesbury Road
Lisa Lieberman

CHICOPEE

Gallagher’s Olde Fashioned Service Inc.
1095 Chicopee St.
Robert Galica

Paper City Art Kids
89 Front St., Apt. 15
Natasha Ortiz

RJ’s Outdoor Power Inc.
460 New Ludlow Road
Robert Jennings, Judith Jennings

Speedy Garage Door Services
50 Austin St.
Michael Barrasso

DEERFIELD

Au Bon Pain
16 Yankee Candle Way
ABP Corp.

HELD Doula Services
11 Juniper Dr.
Virginia Nowakoski

Johnson Farm
42 Hoosac Road
Edward Johnson

EASTHAMPTON

Bulldog Transport and Recycling
21 Wright St.
David Meunier

Edward Jones Investments
180 Pleasant St.
Michael Markiewicz

Lucky Nails
30 Cottage St.
Thom Lieu

Public Health Masters Collaborative
9 Taft Ave.
Paul McNeil

Valley Paddler
52 Williston Ave.
Katie MacCallum, Melanie Salvaggio

EAST LONGMEADOW

Ludlow Carpet & Upholstery Cleaning
141 Allen St.
Donald Marchand

Peoples Skin Care / Peoples Massage
145 Shaker Road
Stephanie Barry

Pyncheon House
41 Hampden Road
John Thurner

GREENFIELD

Antique Revival
322 Deerfield St.
Eric Webster

Main Street Bar & Grille
94 Main St.
Christina Guevin-Gurney

Meadow Green Nail Center
5 Park St.
Patricia Semb

Mighty Clean Mutt
52 French King Highway
Megan Edson

MinuteClinic Diagnostic of Massachusetts, LLC
137 Federal St.
Kimberley DeSousa

Naps Auto Sales and Service Inc.
151 Federal St.
Walter Williams

New Fortune Restaurant
249 Mohawk Trail
Wah Seng Inc.

Planet Gas
109 Mohawk Trail
Goe Greige, Melissa Holzhauer

Real Pickles Cooperative Inc.
311 Wells St.
Tamara McKerchie

Terrazza
244 Country Club Road
Abaz Cecunjanin

Tognarelli Heating & Cooling
85 Pierce St.
Kristie Tognarelli

HOLYOKE

Classic Custom Muffler
54 Commercial St.
Anatoliy Purshaga

Jessie’s Home Improvement
303 High St.
Efrain Vasquez Jr.

Juan Deli Mini Market
551 South Bridge St.
Juan Perez

Karaoke Social Club Inc.
54 Adams St.
Candy Villaronga

Kebab House
50 Holyoke St.
Seymur Musayev

Nick’s Nest
1597 Northampton St.
Jennifer Cheateauneuf

Shahan, LLC
46 Franklin St.
Muhammad Khawaja

Springdale Grocery
845 Main St.
Diomedes Chavez

Star Dancers’ Unity
1719 Northampton St.
Alexcelin Saldana

LUDLOW

Budget Pest Solutions/Construction
264 Moody St.
John Boudreau

Performance Rehabilitation of Western New England, LLC
483 Holyoke St.
Robert McDonnell, Dylan Bates, Robert McKenzie

Tony Nails
263 East St.
Anh Giang Tran

NORTHAMPTON

Abba Motors
30 Norrth Maple St.
Stephen Brackett

Cricket Wireless
90 King St.
Evan Morowitz

Cry, Cry, Cry
9½ Market St., Suite 3A
Lucy Kaplansky, Richard Shindell, Dorothy Williams

H2O Consulting
27 Winter St., #2
Alec Bernstein

Hair, Etc.
52 Conz St., #8
Rebecca Brooks, Robin LaFleur

Kelly’s Nails
13 Bridge St.
Thiet Thanh Son

Kristy’s Nails
137C Damon Road
Hang Tngoc Le

Lia Toyota of Northampton
280 King St.
Michael Lia

Trump Dharma Dream
82 Stone Ridge Dr.
Randy Kaplan

PALMER

Blue Star Farmers Market
3090 Palmer St.
Cassandra Weglarz

JDC Pest Control
41 Mt. Dumplin Road
James Chadwick

Paramount Pizza
1620 North Main St.
Ali Boluk

Premier Communications
11 Hobbs St.
Robert Lucier

Quick Flow Drain & Sewer
2028 Pleasant St.
Rehman Chaudhray

SOUTHWICK

Donald’s Devil Dogs
38 Congamond Road
Donald Elton

Southwoods Magazine & Signs
610 College Highway
Carole Caron

SPRINGFIELD

10th Planet Jiu Jitsu
321 Albany St.
Pioneer Valley Jiu Jitsu

ARM Carpentry Co.
137 Webber St.
Richard Ottani

ATS Landscaping
34 Berkley St.
Andre Blanton

Achievement Network Ltd.
1 Federal St.
Natasha Williams

Boyd’s Bistro
91 Wilbraham Ave.
Boyd Paul

Bytes Knight Technology
68 Cleveland St.
Irma Alvarado

Clean Rite Janitorial
229 St. James Blvd.
David Douglas

Jean Sylvia’s Hair Salon
17 Lombard St.
Jean Bussolari

Joseph Anthony Handyman
2358 Wilbraham Road
Joseph Monzillo

Kims Jewelry Inc.
1624 Main St.
Donghee Kim

Mike Williams Management
20 Maple St.
Michael Williams Jr.

Painting Beyond
118 Catalpa Terrace
Jeancarlo Marchese

Persona
174 Massachusetts Ave.
Khaifani Forbes

Phil’s Remodeling
40 Noel St.
Philbert O’Brien

SHE Studios
101 Beacon Circle
Amelia Adams

Severino Construction Services
175 Walnut St.
Luis Roberto-Severino

Trendz Unlimited
258 Gilbert Ave.
Latrenda McMillian

Trumpf Medical
120 Carando Dr.
Hill-Rom Co. Inc.

WEST SPRINGFIELD

Brian’s Drywall Co.
41 Sprague St.
Brian Klein

Choice Consultants, LLC
4 Shady Brook
Karen Sikora-Bernard

Davis Chiropractic
900 Elm St.
Marjorie Davis

Dirk Kidwell, Electrician
100 Front St.
Dirk Kidwell

GBS Brows & Skincare
1313 Riverdale St.
Pramod Sarraf

Hair and Nail Co.
1346 Elm St.
Maria Sepulveda

Maids Made Affordable
24 Hampden St.
Christina LaRosa

Main Auto Sales
842 Main St.
William Matte

Needham Electric Supply Co.
91 Union St.
John O’Connell

Omega Cleaners of West Springfield
1238 Riverdale St.
Joo Lee

Randstad
1111 Elm St.
Ranstad Professionals

Toomey-O’Brien Funeral Home
1043 Westfield St.
Francis O’Brien

WESTFIELD

Full Plate Fitness
88 Notre Dame St.
Steven Czerniejewski

JP’s Totally Baked Goods
18 School St.
Patricia Patridge

J.S. Smith & Assoc., Law Offices
166 Elm St.
Jeffrey Smith

Marisol Franco Realty Group
72 Mill St.
Marisol Franco

Millie’s Kitchen Deli & Pizza
1029 North Road
MKDP Inc.

WILBRAHAM

All American Gymnastic Academy Inc.
65 Post Office Park
Joseph Saimeri

Cuddles Pet Sitting
586 Main St.
Sonya Flynn

The Lawn Ranger
11 Railroad Ave.
Kris Breudy

Metallurgical Perspectives
4 Meetinghouse Lane
James Grochmal

NEPM – A Division of AM-DA Inc.
15 Main St.
Amy Smith

Seyler Retrieval
278 Mountain Road
John Seyler

Wilbraham Candle
38 Manchonis Road
Deana Gore

Departments People on the Move
Jane Albert

Jane Albert

Jane Albert has been promoted to the position of senior vice president for Marketing, Communications & External Relations at Baystate Health. She will report to Dr. Mark Keroack, president and CEO of Baystate Health, and serve as a member of the president’s cabinet. She will oversee the functions of marketing and digital strategy, government and public relations, community relations and public health, communications, and philanthropy. “Jane has been a trusted Baystate Health leader for 15 years in roles that have progressively increased in responsibility and scope. She has a breadth and depth of career experiences and skills that make her ideal for this senior leadership role,” Keroack said. When she joined Baystate Health as manager of Medical Practices Marketing, she presented the first marketing plan to integrate two legacy medical groups to become one organization as Baystate Medical Practices. She then served as manager of Corporate Marketing, overseeing Baystate Health’s marketing efforts, loyalty programs, and events, and developing marketing priorities based on the strategic objectives of the organization. Albert was promoted to director of Public Affairs & Internal Communications, developing metrics for the measurement of media activities while strategically building the community presence of Baystate Health and its entities. She then returned to Baystate Medical Practices, successfully launching the organization’s first physician referral office. Over the last four years, Albert has served as vice president of Philanthropy for Baystate Health and executive director of the Baystate Health Foundation. Among her accomplishments, she led the transformation of the foundation to diversify philanthropic support in alignment with a newly developed strategic plan and recently oversaw the completion of a $5 million capital campaign for the new surgical center at Baystate Franklin Medical Center in Greenfield. “In all of her roles, Jane has helped advance the work of her teams by developing priorities that align with the mission and strategic objectives of the organization. She is a positive ambassador for our health system and has always been a driving force behind providing honest, timely communications to our constituents,” Keroack said. “She is an incredible contributor to Baystate Health on many fronts, and her energy, enthusiasm, and affection for our organization will serve her well in her new role.” Before joining Baystate Health, Albert served as vice president of Advancement and Marketing at Western New England College, with responsibility for national and regional marketing efforts and philanthropic efforts focused on engaging alumni, businesses, and foundations in support of the university. She holds an MBA from Babson College and a BBA in accounting from UMass Amherst. Active in the community, she has held leadership positions on many boards, including Spirit of Springfield, the National Conference for Community and Justice, the Jewish Community Center, Rotary Club, and chambers of commerce. She has been recognized as Woman of the Year by the Springfield Women’s Commission and as a Paul Harris Fellow by Rotary Club International.

•••••

Lee Bank recently announced the promotion of three leaders within the company and the addition of a mortgage officer to support its continued growth in 2017.

Susie Brown

Susie Brown

Susie Brown has been named to the position of senior vice president, Human Resources and Administration. She has been employed at Lee Bank for more than 37 years and has worked in many areas of the bank, including operations, human resources, building and maintenance, security, and administration. She will continue to oversee human resources, administration and security, and management of board meetings and governance processes for Lee Bank and its holding company, Berkshire Financial Services;

Paula Gangell-Miller

Paula Gangell-Miller

Paula Gangell-Miller has been named to the position of vice president, Community Banking – Retail Operations. She joined Lee Bank 29 years ago and has been involved in many facets of the bank throughout the years, having held positions as teller, operations supervisor, community banker, branch manager, and area manager, in addition to her new role;

Paula Lewis

Paula Lewis

Paula Lewis has been named to the position of first vice president, Retail Lending. She joined Lee Bank in 2012 as vice president of Mortgage Loan Operations. In her new position, she will oversee residential lending and will sit on Lee Bank’s ALCO committee as well as its executive loan committee; and

Kathy Kelly

Kathy Kelly

Kathy Kelly has joined Lee Bank as a mortgage officer in its Pittsfield office. Kelly has been a mortgage professional for most of her banking career, with First Agricultural Bank, Legacy Banks, and most recently Berkshire Bank.

“I am pleased to announce these well-deserved promotions and to welcome Kathy Kelly to the Lee Bank team,” said President Chuck Leach. “I’m confident that Kathy will not only mesh with but also enhance our culture just as Susie Brown, Paula Lewis, and Paula Gangell-Miller have for many, many years. Lee Bank is very fortunate to have an extremely valuable culture of loyal, dedicated employees who are not only outstanding contributors in the workplace, focused on continued excellence in serving our customers, but also to our Berkshire community.”

•••••

Ellen Freyman, attorney and shareholder with Shatz, Schwartz and Fentin, P.C., was recently recognized by the National Conference for Community and Justice (NCCJ) for her significant contributions to the local community. NCCJ was founded in 1927 in response to religious divides in the country at the time. The goal of the organization and its prominent founders — including social activist Jane Addams and U.S. Supreme Court Justice Charles Evans Hughes — was to bring together diverse populations to combat social injustice, a mission perpetuated to this day. Freyman concentrates her practice in all aspects of commercial real estate: acquisitions and sales, development, leasing, and financing. She has an extensive land-use practice that includes zoning, subdivision, project permitting, and environmental matters. She is a graduate of the Western New England University School of Law (1988) and Pennsylvania State University (1977). One of the most highly awarded attorneys within the Pioneer Valley, she has been recognized or awarded by BusinessWest magazine (Difference Maker, 2010), the Professional Women’s Chamber (Woman of the Year, 2012); Advertising Club of Western Massachusetts (Pynchon Award, 2012); Springfield Leadership Institute (Community Service Award, 2011); Massachusetts Lawyers Weekly (Top Women of Law Award, 2010); and Reminder Publications (Hometown Hero Award, 2010).

•••••

Victoria Owen

Victoria Owen

Victoria Owen has joined United Personnel as the organization’s newest business development representative, as the company expands its team to better serve area businesses. Owen, former owner of Owen Employee Benefit Strategies LLC and past director of Employee Benefits at Northwestern Mutual, brings a wealth of knowledge about business operations and human-resources priorities to her current role at United Personnel. She leverages more than 20 years of industry expertise in employee benefits, strategic planning, and business development to support clients and candidates throughout Western Mass. Owen received her bachelor’s degree from Northeastern University, serves on the board of directors of the Home Builders and Remodelers Assoc. of Western Mass., and is committed to building meaningful relationships within the business community.

•••••

Sunshine Village announced several personnel changes as the organization continues to grow its programming footprint in the area.

Jenny Galat was promoted to program manager of the new Litwin Center Day Habilitation Program. Since 2013, Galat has worked for the organization as a developmental specialist, case manager, and program supervisor. She holds a bachelor’s degree in sociology with a concentration in social work from Saint Anselm’s College. When it opens this summer, she will oversee the new program’s focus on innovative day services for adults aged 18-32 years old;

Nichole Chilson came on board as human resource generalist to assist with employee benefits, safety and health protocol compliance, and employee-relations initiatives. Chilson brings more than 25 years of human-resources and customer-service experience. She holds a bachelor’s degree in psychology with a minor in criminal justice from Western New England University; and

Amie Miarecki was named director of community relations. She brings 15 years of experience working in health and human services, including marketing, community relations, and resource development. She will promote Sunshine Village’s mission to help everyone shine by engaging with community partners and employers. Miarecki holds a master’s degree in corporate and organizational communication with a specialization in leadership from Northeastern University and a bachelor’s degree in psychology with a minor in sociology from UMass Amherst.

•••••

Maria Mitchell, a graduate of Springfield Technical Community College’s newly accredited Health Information Technology program, is the first person from STCC to receive the MaHIMA Student Achievement award. The Massachusetts Health Information Management Assoc. (MaHIMA) offers the award to an outstanding student from any accredited health-information technology or health-information management program. STCC’s program received accreditation in December, making a graduate of the program eligible for the first time this year. Mitchell received a certificate of achievement and one-year membership to the national American Health Information Management Assoc. (AHIMA), free full-day registration for MaHIMA’s fall and winter meetings, and free MaHIMA webinars for one year. She is seeking a position as a health-information technician or coding specialist and hopes to eventually return to school and earn her bachelor’s degree. Graduates of STCC’s Health Information Technology program receive associate degrees. The program prepares students for certification and practice as registered health-information technicians, who typically work with patient medical records at healthcare facilities. Technicians focus in areas beyond coding, including data analytics, compliance, and more.

•••••

Duncan Mellor

Duncan Mellor

The American Lighthouse Foundation (ALF) honored Tighe & Bond’s Duncan Mellor with its 2017 Distinguished Lighthouse Community Service Award at its annual gala at the Nonatum Resort in Kennebunkport, Maine on May 7. Every year, the organization honors one person who has contributed significantly to ALF’s mission. Since 2011, Mellor has donated his engineering and waterfront expertise to upgrade the Whaleback Lighthouse in Kittery, Maine. This three-phase project included designing repairs for two granite breakwaters and a new docking system with walkways that achieved federal government approval and met ALF’s goals for public access and safety. “This is a well-deserved honor for Duncan — and just one example of his exceptional expertise and commitment to our coastlines and waterfronts,” said Tighe & Bond President and CEO David Pinsky. Mellor leads Tighe & Bond’s coastal engineering services with more than 30 years of experience in the profession. Clients throughout New England know him well for his role in complex coastal projects and solving all types of shoreline and waterfront challenges. Mellor has also overseen unique projects that have required highly creative solutions, such as tidal turbines, offshore structures, and lighthouses. A licensed engineer in New Hampshire and Maine, Mellor has a bachelor’s degree in civil engineering and master’s degree in Ocean Engineering, both from the University of New Hampshire.

Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

FRANKLIN SUPERIOR COURT

Alayna Macleay v. Franklin Eye Care Associates, LLC d/b/a Eye & Lasik Center
Allegation: Employment discrimination: $35,000
Filed: 5/18/17

HAMPDEN DISTRICT COURT

QualServ Corp. v. Euro Restaurant Group I, LLC d/b/a Wayback Burgers
Allegation: Money owed for goods sold and delivered: $24,813.15
Filed: 5/9/17

Sherri-Ann Wajda p/p/a Zachary McLeish v. First Student Inc. and Viviana Velazquez
Allegation: Negligent operation of a school bus causing injury to passenger: $3,616.40
Filed: 5/9/17

Kennely Curran v. Vehicle Transport, LLC d/b/a Borgatti Auto, et al
Allegation: Unfair and deceptive acts and practices in sale of used car: $5,000+
Filed: 5/1017

HAMPDEN SUPERIOR COURT

Hoskin & Muir Inc., d/b/a Cardinal Shower v. Scott Bauer d/b/a B & B Glass & Mirror
Allegation: Money owed for goods sold and delivered: $65,119.07
Filed: 5/10/17

Louise D. Hannum v. Tzay J. Chiu, M.D.; John P. Frangie, M.D.; the Cataract & Laser Center West, LLC; and D & G Associates Inc.
Allegation: Medical malpractice
Filed: 5/11/17

Ruben Lagares v. Agri-Mark Inc. and Liberty Mutual Insurance Co.
Allegation: Negligence causing injury: $195,530.92
Filed: 5/12/17

James L. Craig and Christine L. Craig v. Tzay J. Chiu, M.D.; John P. Frangie, M.D.; the Cataract & Laser Center West, LLC; and D & G Associates Inc.
Allegation: Medical malpractice
Filed: 5/15/17

HAMPSHIRE SUPERIOR COURT

Complete Restoration Solutions Inc. v. Historic Round Hill Summit, LLC
Allegation: Money owed for services, labor, and materials: $633,447.63
Filed: 5/4/17

Bercume Construction, LLC v. SVE Associates, et al
Allegation: Breach of coverage, breach of express warranties, breach of implied warranties, negligence: $34,718
Filed: 5/5/17

Latisha Ealy v. Town of Easthampton
Allegation: Negligence; defective stove provided by Easthampton Housing Authority caught fire, causing permanent scarring and emotional distress: $50,000
Filed: 5/5/17

Mitchell A. Schilling v. Dr. Allison J. Bell, Psy.D.
Allegation: Negligence, malpractice: $875,000
Filed: 5/19/17

Daily News

SPRINGFIELD — Professional advisors are invited to an exclusive estate-planning luncheon seminar with nationally recognized speaker Conrad Teitell on Thursday, June 22 from noon to 2 p.m. at Community Foundation of Western Massachusetts, 333 Bridge St., Springfield.

Financial advisors, attorneys, CPAs, and philanthropy professionals are invited to hear Teitell break down the charitable-giving process so they can help their clients. Named one of the “Best Lawyers in America,” Teitell is known for his ability to translate complicated law into English everyone can understand.

The seminar is co-sponsored by Western New England University and is designed to qualify for two CLE, CPE credits. A certificate of attendance will be provided.

Seats are limited. The cost is $75. For registration information, call Development Director Jenny Papageorge at (413) 417-6383.

Daily News

HOLYOKE — The Junior League of Greater Springfield’s (JLGS) third annual Beer and Wine Tasting fund-raising event will take place this Sunday, June 11, from 3 to 6 p.m. at the Holyoke Canoe Club. Proceeds from the event will support the Junior League’s scholarship fund. Every year, the Junior League awards a scholarship to a graduating high-school female who has exhibited exemplary leadership and community service.

This year, the event will include a silent auction, live music by Berkshire Hill Music Academy, and hors d’oeuvres by Log Rolling Catering. Vendors include Abandoned Building Brewery, Great Awakening Beer Co., White Lion Brewing Company, Barefoot Wines, Straight Six, Arcpoint Brewing, Fitvine Wine, Williams Distributing Co., Brewmaster Jack, Humboldt Imports, East of the River, Ninety Plus Cellars, and more.

“There are many young women who demonstrate strong leadership skills and dedication to volunteerism,” said Sharon Baldwin, president of the Junior League of Greater Springfield. “We are proud to recognize one of them with a scholarship, and this event ensures that we can continue to support young female leaders for years to come.”

The event is open to the public and sponsored by Commonwealth Packaging Corp. of Chicopee, O’Donald Law Offices, and Moriarty & Wilson, P.C. Tickets can be purchased through the Junior League of Greater Springfield’s website (www.jlgs.org) for $30.

“This event will help highlight the vitally important work the Junior League of Greater Springfield provides to the local community as well as reward a graduating high-school female for her hard work and service,” Baldwin said.

Daily News

SPRINGFIELD — The Western New England University School of Law Institute for Legislative and Governmental Affairs will host the Massachusetts Clean Energy Future Tour presented by state Sen. Jim Welch and the Senate Committee on Global Warming and Climate Change. The event will take place on Monday, June 12 from 6 to 8 p.m. in the Blake Law Center, J. Pellegrini Moot Court Room. The event is free and open to the public.

“This tour is an answer to thousands of constituent conversations, calls, and e-mails concerning the health and future of our local communities, and our world,” state Sen. Marc Pacheco, committee chair, explained. “Our residents want a strong economy, clean air, clean water, and, most of all, they want a future for their kids. We need to craft legislation that reflects that future. This tour will give us a perfect opportunity to hear from our communities.”

The Springfield hearing is the sixth stop on the Massachusetts Clean Energy Future Tour, which consists of nine public hearings across the Commonwealth, from the Berkshires to the Cape. The Senate Committee on Global Warming and Climate Change is providing this opportunity to hear thoughts on clean energy and climate and will give constituents an organized opportunity to voice their opinions on energy issues, climate change, and legislation they want to see.

The Institute for Legislative and Governmental Affairs at the Western New England University School of Law was established in 2000 to offer students the opportunity to participate in activities relating to the legislative process.

Daily News

SPRINGFIELD — Best known for special events involving tea, white gloves, dresses, fancy hats, and horse races, Square One is moving toward leather, helmets, and motorcycles for its next big fund-raising event.

Hosted by the Springfield chapter of the Buffalo Soldiers Motorcycle Club, the Bike to the Future Motorcycle Ride will be held on Saturday, June 17, starting at Square One’s offices on Main Street in Springfield. All riders are encouraged to participate with a donation of $20 per rider and $5 per passenger. Registration is currently open at www.startatsquareone.org.

Proceeds from the ride will benefit the children and families of Square One. The ride is sponsored by Alekman DiTusa Attorneys at Law, Harley Davidson of Southampton, National Ambulance, Interstate Towing, and Haymond Law. Sponsorship opportunities are still available.

“We couldn’t be more excited to be working with the Buffalo Soldiers on this very exciting opportunity,” said Kristine Allard, chief Development & Communications officer for Square One. “This event has enabled us to introduce Square One’s critical work to new partners who will help us continue to advance our cause. Huge thanks to all of our sponsors for generously supporting what promises to be an amazing event.”

Check-in will begin at 8:30 a.m., and the ride will start at 10 a.m. The 90-minute ride will wind through Springfield, Chicopee, and Holyoke and finish at 11:30 a.m. in Court Square in Springfield. An after-ride celebration will be held, including lunch and dessert provided by Frankie & Johnnie’s, as well as music and prizes. Children and families are encouraged to participate in the celebration. Tickets for the party are available for $12 per person.

Daily News

NORTHAMPTON — Attorney Michael Gove of Gove Law Office will offer an informative discussion about key issues that are important to understand when planning for the future or for the care of an aging loved one. The session will take place at Christopher Heights Assisted Living Community on Wednesday, June 21 at 6 p.m.

Gove will review various documents, such as healthcare proxy, trusts, power of attorney, last will and testament, declaration of homestead, and medical orders for life-sustaining treatment. Those in attendance should gain a better understanding of when and if these documents are necessary to complete.

The event is free and open to the public. Light refreshments will be provided, and tours of the assisted-living community will be available after the program. Seating is limited, and reservations are requested by June 16 by calling (413) 584-0701 or e-mailing [email protected]. Parking is available on Village Hill Road, Moser Street, and in the Christopher Heights parking lot on the corner of Moser Street and Musante Drive.

Departments People on the Move
Jacqueline Charron

Jacqueline Charron

The Professional Women’s Chamber (PWC) announced that Jacqueline Charron, chief risk officer and senior vice president of Operations and Information Technology for PeoplesBank in Holyoke, has been named the PWC 2017 Woman of the Year. The Woman of the Year award is presented to a woman in the Western Mass. area who exemplifies outstanding leadership, professional accomplishment, and service to the community. This award has been given annually since 1954. Liz Rappaport, secretary of the PWC board committee, said the selection committee was thoroughly impressed with Charron’s work-life balance, as evidenced by her pursuit of education while managing her career and being the mother of four children. “The PWC recently had a work-life balance panel at a luncheon, and we loved how, through her application, Jackie personified work-life balance,” Rappaport said. Charron earned a bachelor’s degree in economics at Mount Holyoke College while working as a teller at PeoplesBank. She went on to receive an MBA from the Isenberg School of Management at UMass Amherst. She has done post-graduate work at Babson College (Mass. Bankers Assoc. School of Financial Studies), Villanova University (master certificate in Lean Six Sigma), and the Dartmouth College Tuck School of Business Leadership Program. After 32 years, Jackie continues to build a successful career at PeoplesBank, where today she leads a team of 40 associates in deposit operations, information technology, electronic banking, and risk and compliance. She has served at the leadership level of many community and business organizations, including the Food Bank of Western Massachusetts, Girls Inc., the South Hadley and Greater Holyoke chambers of commerce, and United Way of Pioneer Valley. She also enjoys volunteering at the Holyoke St. Patrick’s Day Road Race and at activities and fund-raisers that support her children’s academic and athletic interests. She can be found working the concession stand at a high-school girls’ soccer game or attending a gala for the Fine Arts Center or Bright Nights. A celebration in Charron’s honor will be held on Thursday, June 1 at 5:30 p.m. at the Carriage House, Storrowton Tavern, 1305 Memorial Ave., West Springfield. Reservations may be made online at www.springfieldregionalchamber.com or by contacting Jessica Hill at [email protected].

•••••

Jim Ayres

Jim Ayres

United Way of Pioneer Valley (UWPV) announced that its board of directors has appointed Jim Ayres the organization’s next president and CEO, effective June 12. Ayres, who currently serves as the CEO of the United Way Hampshire County, will succeed Dora Robinson, UWPV’s most recent president and CEO and current president emeritus. Ayres comes to UWPV from United Way of Hampshire County (UWHC), where he has served as CEO and executive director since 2011. During his tenure there, he expanded the donor base and increased both funding diversity and overall revenue at a time when many United Ways nationally had experienced shrinkage. Prior to joining UWHC, he served for 12 years as the executive director of the Center for New Americans, an education and resource center for immigrants, refugees, and other limited-English speakers in Western Mass. With roots in the Springfield public schools, where he worked as a parent community and involvement coordinator, he has extensive experience working with school systems, local and state governments, community coalitions, workforce boards, and other nonprofit organizations to develop programming and policy. He is the incoming board president of the Massachusetts Nonprofit Network and an adjunct professor of Nonprofit Administration and Philanthropy at Bay Path University. He holds master’s degrees from the Fletcher School of Law and Diplomacy at Tufts University and the Isenberg School of Management at UMass Amherst. UWPV will celebrate Ayres’s arrival at the organization’s 95th-anniversary celebration on Wednesday, May 31 at the Barney Carriage House at Forest Park.

•••••

Mark Foster

Mark Foster

Jay Seyler

Jay Seyler

Shana Hebdrikse

Shana Hebdrikse

Jessica Menard

Jessica Menard

PeoplesBank announced the appointment of Mark Foster to vice president, operational risk manager; Jay Seyler to vice president, business banking officer; Shana Hendrikse to business banking officer; and Jessica Menard to commercial credit officer. Foster brings more than a decade of financial and audit experience, and holds a bachelor’s degree from the University of Connecticut. He is an RSA Archer-certified administrator and was named a 2015 RSA Archer Innovation Award winner. Seyler possesses more than 30 years of banking and financial experience, and holds a bachelor’s degree from Bryant University and an MBA from Western New England University. Hendrikse brings more than a decade of banking and financial experience, and holds a master’s degree from Colorado State University and a bachelor’s degree from Saint Leo University. She has completed training through the New England School of Financial Studies at Babson and holds a certificate in financial studies. Menard possesses close to a decade of banking and commercial-loan experience, and holds a bachelor’s degree from Bay Path University. She has completed training through the Risk Management Assoc., the Massachusetts Bankers Assoc., and the Center for Financial Training.

•••••

Hyman Darling

Hyman Darling

Bacon Wilson, P.C. announced that attorney Hyman Darling recently took the oath of office as the incoming president of the National Academy of Elder Law Attorneys (NAELA). He was sworn in as president at NAELA’s annual conference along with other incoming members of the executive committee, and will officially assume his duties as NAELA president on June 1. In addition to accepting the office of the presidency, Darling was also honored as a NAELA fellow for 2017. The fellow designation is the highest honor bestowed by NAELA, and is granted to members who have careers in elder law and who have made exceptional contributions to the field. Election as a NAELA fellow signifies an attorney recognized by his peers as a model for others, and an exceptional lawyer and leader. The most significant component in the selection process is commitment and contributions to NAELA through committee participation, programs, and leadership. Upon accepting the fellow award and the presidency, Darling proceeded to address his NAELA colleagues, thanking them for record-high conference attendance and laying out his plans for the coming year. Much to the delight of the audience, his remarks were delivered entirely in rhyming verse. Darling is a partner at Bacon Wilson, where he has practiced since 1981. He concentrates in the areas of trusts, estates, taxes, estate planning, probate, guardianships, special needs, and elder law. Prior to joining Bacon Wilson, he served as a trust officer. He has been a frequent presenter for both the Massachusetts Bar Assoc. and Massachusetts Continuing Legal Education. He has also spoken for NAELA at several conferences, both local and national. He is an adjunct faculty member at both Western New England University School of Law and Bay Path University. Darling serves on many local planned-giving committees, and is a frequent lecturer for professional and civic groups in the Pioneer Valley. He is a member of the Special Needs Alliance, and is also a former president of the Hampden County Estate Planning Council.

•••••

Kevin Maltby

Kevin Maltby

Bacon Wilson, P.C. also announced that attorney Kevin Maltby is a recipient of 2017’s Excellence in the Law Pro Bono Award from Massachusetts Lawyers Weekly. He was recognized for his pro bono efforts in connection with the Springfield District Court’s Lawyer for a Day program. With the support of the Hampden County Bar Assoc., Maltby led the 2012 effort to establish the weekly program, and he is currently working on significant expansion of pro bono services offered by the Hampden County Legal Clinic. He was inspired to initiate the Lawyer for a Day program after taking note of numerous people trying to represent themselves in court, often unsuccessfully, due to their unfamiliarity with the law and court procedures. In addition to the District Court Lawyer for a Day program, Maltby contributes his time to numerous other pro bono programs, including the Massachusetts Bar Assoc. Dial-a-Lawyer program, and the Hampden County Bar Assoc. Lawyer on the Line program. He is the current president of the Hampden County Bar Assoc., where he also serves on the pro bono committee. He is a member of the Massachusetts Supreme Judicial Court’s standing advisory committee on professionalism, and is an adjunct professor at Bay Path University, where he teaches advanced litigation.

•••••

Thomas Walbridge

Thomas Walbridge

Community Health Programs has named Thomas Walbridge its new chief financial officer. He will oversee the health network’s budget, financial operations, and planning. Walbridge has served as chief financial officer and vice president for the Kinsley Group Inc. and as CFO for the Pioneer Valley Transit Authority; he was also director of finance and human resources at Six Flags New England. His early professional career was spent in the banking sector in Pittsfield. He holds a business degree from Babson College and an MBA from Western New England University. CHP finished its 2016 fiscal year with an operating surplus of nearly $700,000, on revenues of $14 million. During that year, CHP increased its patient and client numbers from 16,000 to more than 22,000, with the addition of two new practices in North Adams and other new-patient outreach. During 2016, employment at CHP grew from 140 to 175 and continues to expand. Walbridge is also the founder and operator of LuckBridge Sports LLC, a company that creates affordable, inclusive team-building opportunities for youth and coaches in the developmental and advanced instruction of baseball and basketball. He volunteers in his community with youth sports programs, the American Red Cross, the March of Dimes, the Agawam Chamber of Commerce and the Agawam Rotary.

•••••

Christopher Scott

Christopher Scott

Springfield Technical Community College (STCC) announced the hiring of Christopher Scott as the dean of the School of Health & Patient Simulation. Scott had been the interim dean since the retirement of Michael Foss in 2016. His previous positions at STCC include assistant dean for the School of Health & Patient Simulation and director of Clinical Education and SIMS Medical Center. Scott will lead a school that offers the most competitive programs at STCC and is home to the Northeast’s largest patient-simulation training facility. The SIMS Medical Center at STCC provides a clinical setting to train students as well as healthcare providers. Scott played a key role in expanding the facility when he was hired as director in 2010. At the time, the center included 18 patient simulators and five rooms and provided 3,000 simulation experiences each year. Today, there are 52 simulators and 12 rooms, or simulation areas, and more than 20,000 simulation experiences. As dean, he is responsible for the overall leadership of the school as well as for the daily and long-term operation of all the credit and non-credit health programs. About 800 students are enrolled in credit and non-credit programs. The school includes more than 100 full-time and part-time faculty and staff. Scott sees his mission as helping to meet the community’s health care needs and ensuring access to the degree and certificate programs, which include cosmetology, dental assistant, dental hygiene, diagnostic medical imaging, interdisciplinary health studies, medical assistant, medical laboratory technician, nursing, rehabilitation therapies, respiratory care, and surgical technology. Scott, who holds a master’s degree in health education and curriculum development from Springfield College, is currently is completing his doctorate of education in higher education administration from Northeastern University in Boston. A certified healthcare-simulation educator, Scott earned his bachelor’s degree in emergency medical services management from Springfield College.

•••••

Bruce Marzotto

Bruce Marzotto

Lee Bank announced that Bruce Marzotto, senior vice president of Commercial Lending, has been named a Community Bank Hero by the Warren Group and Banker & Tradesman. Community Bank Heroes is an annual award that honors the achievements, commitment, and dedication of financial professionals who go above and beyond for their institution and community. Award recipients are nominated by their peers and selected by Banker & Tradesman’s editorial board; this year’s 13 winners hail from community banks throughout Massachusetts. Marzotto has been with Lee Bank for 10 years and has worked in banking in Berkshire County for 40 years. After receiving his associate’s degree at Berkshire Community College, he continued his education through banking courses with the American Institute of Banking as well as the New England School of Banking at Williams College. As former treasurer of the Southern Berkshire Chamber of Commerce, Great Barrington Little League, and Boy Scouts of America Troop 23, he is continuing his community involvement as a trustee of the newly organized Great Barrington Municipal Affordable House Trust. The Community Bank Heroes awards will be distributed at a dinner event on Tuesday, May 23 at the Hyatt Regency Boston hotel. Recipients will be featured in the May 22 issue of Banker & Tradesman. To see a full list of the Community Bank Heroes and for more information about the awards dinner, visit www.thewarrengroupevents.com/communitybankheroes.

•••••

Sharon Dufour, chief financial officer for Luso Federal Credit Union, and Kimberly Anderson, Community Relations representative for Luso, were recognized on National Financial Educators Day for their hard work and dedication to promoting financial-literacy education in Ludlow, Hampden, and Wilbraham. Nominated by Junior Achievement of Western Massachusetts, Dufour and Anderson, supported by Luso Federal Credit Union and a grant from the Joseph and Anna C. Dias Family Foundation, help bring financial-literacy education to thousands of youth in the three communities. Every child in Ludlow schools and St. John the Baptist School, kindergarten through grade 8, participates in a JA program each year, as well as all the students at Thornton Burgess Middle School in Hampden and Wilbraham Middle School. Dufour and Anderson not only secure the funding for the programs, but recruit and train nearly 100 volunteers to deliver the programs. Dufour and Anderson also teach multiple JA programs each year.

Education Sections

Bringing Classrooms to Life

By Alta J. Stark

Steven O’Brien emceed Western New England University

Steven O’Brien emceed Western New England University’s Student Media Festival, part of his spring internship as chair of the festival.

Today’s college graduates understand it takes much more than book learning to compete in the job market; employers are looking for real-world experience. Students gain that experience through internships in their field, but they gain more than that. BusinessWest spoke with a few from this year’s graduating class who said their internships gave them confidence, inspiration, connections, and, in one case, a whole new career focus.

As thousands of new graduates from the region’s colleges and universities prepare to start their careers in a competitive labor market, the range of their majors is as varied as their diverse backgrounds and talents. But they’re finding it often takes more than a degree to prepare for the work world.

Increasingly, who gets the plum jobs comes down to the work experience students accrue well before they graduate.

“As students transition out of the university into the real world, employers are looking for students with experience,” said Andrea St. James, director of the Career Development Center at Western New England University. “College internships are now a major component in providing students with on-the-job skill sets they need to succeed. We encourage students to get that experience early and often.”

All colleges boast active career centers that help cultivate meaningful and practical experiences for students, but a unique consortium of career-center professionals is bringing it all together in the Pioneer Valley. Comprised of career directors from American International College, Bay Path University, Elms College, Holyoke Community College, Springfield College, Springfield Technical Community College, Western New England University, and Westfield State University, College Career Centers of Western Mass (CCCWM) provides companies and organizations a central venue in which to connect with a pool of potential interns and entry-level candidates located in Western Mass.

“We meet monthly to learn from each other. We want to help students not only build their résumés, but help direct where they may want to take their education when they leave,” said St. James.

CCCWM cross-posts job and internship opportunities, participates in career fairs throughout the year, and educates and empowers students through special events and focus groups, she added. “It’s a great resource to add to the specialized career preparation that’s available to students in their schools’ career centers. We encourage students to start exploring opportunities in their first year because an effective combination of education and career programs is a valuable complement to the academic experience.”

Laurie Cirillo

Laurie Cirillo says her department at Bay Path empowers women to take charge of their own career path.

In addition, career counselors help internship-seeking students make and maintain connections with friends, peers, professors, and alumni who may be helpful in their search. To hear the students tell it, those efforts are paying off.

The Right Channels

As a communications major at Western New England University, Steven O’Brien is learning how to tell stories creatively and effectively. He’s an incoming senior who’s spent the past three years studying mass media, television, radio, online media, and media production. This past spring, he jumped at the chance to turn his academic learning into real-life, hands-on experience.

“Ask anybody who has anything remotely to do with finding a job after college — anybody from the career development center, any of my professors — and they’ll tell you internships are critical because more and more employers, even for entry-level positions, are looking for people who have experience in the field,” he said.

O’Brien chaired WNEU’s 15th annual Student Media Festival, which celebrates student-produced music videos, news reports, newspaper articles, radio programming, commercials, public-service announcements, and digital photography.

“The Media Festival is a huge part of the spring semester for everyone who enters WNE. My focus was to make this the best it could be and do my job well because a lot of people were counting on me to do that,” he said.


SEE: List of Colleges in Western Mass.


He worked closely with Professor Brenda Garton-Sjoberg, who told BusinessWest that internships place students in the driver’s seat to navigate through career options, as well as providing outstanding networking opportunities.

“They allow students to experience a job through academic credit to determine if that’s the best path for their future down the road,” she explained. “I believe internships are essential for anyone, especially students interested in careers in communications.”

Simply put, O’Brien added, “being in the internship environment forces you to either sink or swim. It puts you in a position that, if you don’t have these skills, you have to find them quickly. If you’re not familiar with something, you need to know about it, and you need to learn about it.”


We encourage students to start exploring opportunities in their first year because an effective combination of education and career programs is a valuable complement to the academic experience.”


What O’Brien liked best about the internship was wearing many hats. “It was really a multi-faceted internship that went beyond the norm. It dealt with myriad skills and disciplines from public speaking and PR to marketing, media production, event planning, social-media marketing, and e-mail marketing. To get a taste of each of those, I think, was incredible.”

St. James agreed. “It’s the soft skills that he’s building that all employers value; yes, it’s the networking, the résumé building, but knowing how to manage personalities, the critical thinking, the teamwork, the motivation, communication, the small talk that has to occur to bring this people together — that’s really invaluable.”

O’Brien aced the internship in more ways than his grade. He also networked himself into a paid summer internship with the festival’s media sponsor, Cloud 9 Marketing Group, a fairly new startup founded by a recent WNE graduate.

“I worked with him throughout the entire process, and got to know him,” he said. “After the festival, I e-mailed him to ask if he was looking for interns this summer. We met, and now it looks like I’ll have an internship this summer that grew from my spring internship.”

Gaining Empowerment

Alison Hudson has been performing since she was 3 years old. She says she’s always known she wanted a career that would include her love of the creative arts and her passion for psychology. She graduated from Bay Path University in May, majoring in forensic psychology, with a minor in performing arts. In the fall, she’s going to Lesley University to seek a master’s degree in mental health counseling with a focus on drama therapy.

Hudson said her senior-year internship was critical because it showed her she was on the right path for her future. Specifically, she interned as a residential assistant at Berkshire Hills Music Academy, a live-in community for young adults with developmental disabilities, who gain communication skills through music therapy.

“The students are really wonderful,” she said. “They welcome you into their lives, and it’s very rewarding.”

Tori Bouchard, certified trainer and 2017 Springfield College graduate (left), with Sue Guyer, chair of Exercise Science and Sport Studies at the college.

Tori Bouchard, certified trainer and 2017 Springfield College graduate (left), with Sue Guyer, chair of Exercise Science and Sport Studies at the college.

Prior to her internship, Hudson wanted to work with veterans and rehabilitated criminals, but her work at the academy pointed her in a different direction. “This internship gave me the confidence to take on the challenge of grad school and follow a career path of working with people using performing arts as therapy,” she said.

In fact, helping students build confidence helps them graduate, move on to graduate school, and get a job, said Laurie Cirillo, assistant dean of Student Success at Bay Path’s Sullivan Career & Life Planning Center. “We’re trying to empower women to be in power over their own destiny.”

To help students grow and develop self-reliance, Bay Path has adopted a unique take on the internship experience, which has become a hallmark of the university. “We don’t place our students; they work with a career coach to match themselves,” Cirillo said. “We provide a solid support system and strategies for success, but we’ve found multiple benefits to having students open the doors to the next steps of their lives and careers.”

When Delmarina Lopez entered Bay Path as a freshman, she didn’t think she could do that. The young Latina woman with a love for the public sector recalls that she was ready to transfer out.

“College was a rude awakening for me, academically, culturally, and financially, but President [Carol] Leary wasn’t going to let me go. I received amazing support, guidance, and mentoring. I stayed, and I do not regret it.”

Lopez, who’d already achieved success in her young life as the first high-school-age, community-based intern for former Gov. Deval Patrick, became more active on campus, serving as Leary’s presidential ambassador, as well as president of the Student Government Assoc. She started as a criminal justice major, then switched to legal studies after interning with attorney Elizabeth Rodriguez-Ross of Springfield.

“I knew her as one of a handful of Latina leaders in our community. It was good to work with someone who looked like me and has a similar background,” Lopez said. “She taught me the importance of mentoring and bringing someone up with you, not just focusing on yourself. I learned that law isn’t about competition; it’s about justice.”

Lopez applied to multiple law schools across the country and was accepted at 12; she chose to stay close to home, entering Western New England University Law School this fall on a full scholarship.

Cirillo says helping build a woman’s self-efficacy is one of the most rewarding parts of her job. “Many students come here with a lot of self-doubt, but by the end of their college experience, they’re able to stand back and see what they’ve achieved, and what lies ahead as they realize their potential.”

Trainers in Training

Springfield College is well-known for its athletic programs. “We’re preparing students for careers in the fitness and health industry, providing them with classroom and hands-on training from day one,” said Sue Guyer, chair of the school’s Exercise Science and Sport Studies program. “Undergrads and grads work with varying populations, from top-level athletes to still-developing high-school athletes and the elderly, and they’re influencing their lives for the better.”

Tori Bouchard completed six internships during her studies to become a certified athletic trainer. It’s a program requirement to complete a clinical rotation each semester, starting sophomore year.

“Through these rotations, we’re able to connect to patients, coaches, other athletic trainers, and other healthcare professionals, and athletic directors. We’re able to grow as athletic trainers,” Bouchard said. “We’re able to see and meet all sorts of different people. No case is the same. No patient is the same patient. So you take the theories you’re learning in the classroom, and you apply them to the setting, and not everything is always textbook. Nothing is ever textbook, actually. So, sometimes you’re learning one thing, but you realize  — under supervision of the preceptor — ‘oh, this isn’t necessarily going to work for this case, but I also know about this technique.’”

Guyer said it’s impossible to measure the true value of the experiential learning. “It’s invaluable to have the opportunity to mentor into the profession,” she told BusinessWest, noting that the rotations can also have a positive impact at understaffed schools, which may have large populations of student athletes, but just one athletic trainer on staff.

“If Springfield College sends two interns to that high school, they’ve added two qualified people to help maintain the health and well-being of students,” she went on. “What we’ve learned is, if a student is able to see, feel, experience, treat, and rehabilitate athletes, that it really brings the classroom to life.”

Bouchard agreed. “The connections with people are unbelievable,” she said.
“You learn so much just by talking to other people, learning what they’ve learned, and you grow as a person.”

Bouchard has passed her certification exam and is presently looking for a paid internship before heading back to graduate school. “I think I still have more to learn in the clinic,” she said. “I think you’re always learning something new, and I want to learn who I really am when I’m working on my own team without another athletic trainer.”

That is, after all, what the college experience is really about — young people learning who they are, what they can do, and how to realize their potential.

DBA Certificates Departments

The following business certificates and trade names were issued or renewed during the month of May 2017.

AMHERST

MinuteClinic Diagnostic of Massachusetts, LLC
165 University Dr.
Kimberley DeSousa

Pineapple Dance
83 Sunderland Road
Charlotte Doyle

SolBridge Partners
51 Station Road
Kevin Mepham

BELCHERTOWN

Bistro 21
330 Chauncey Walker St.
Fan Du

Country Crossroads Convenience Store
43 Federal St.
Praful Patel

J.P. Maggi Paint & Wallpaper
442D State St.
Joseph Maggi

Nom Nom Hut, LLC
644 Federal St.
Nancy Magarry, Edward Magarry

Park Place Bed & Breakfast Inn
38 Park St.
Janey Maurer

CHICOPEE

Big Boys Contracting
930 McKinstry Ave.
Victor Borisik

Ela Deli
226 Exchange St.
Elzbieta Magda, Gregorz Magda

Frank’s Garage
11 Lawndale St.
Frank Drewniak

Hearth and Harness
35 Cochran St.
Ginger Moon

Martin and Son Custom Masonry Co.
103 Sheridan St.
Patrick J. Martin, Patrick R. Martin

RJ Services
1 Exchange St.
Richard Jones

EASTHAMPTON

Brett’s Stump Grinding
49 Westview Terrace
Brett Roy

Eric J. Wonderlich & Co.
212 Hendrick St.
Eric Wonderlich

EAST LONGMEADOW

Ascent Dental Solutions
250 North Main St.
Kevin Coughlin

Bond Financial Group Inc.
180 Denslow Road
Dylan Bond

Cote Construction
30 Wood Ave.
Kenneth Cote Sr.

GREENFIELD

Meadows Café & Grille
358 Deerfield St.
Michael Johnson

Ray’s Cycle Center
332 Wells St.
Theresa Pydych

HOLYOKE

Anugraha Brows Threading #1
50 Holyoke St.
Parlad Gurung, Poonam Gurung

Anugraha Brows Threading #2
50 Holyoke St.
Parlad Gurung, Poonam Gurung

Crazy Andy Liquors
7 Cabot St.
Jasvinder Arora, Ravinder Arora

Dairy Market
1552 Dwight St.
Syed Sada, Hussain Shah

Pulowski Property Maintenance
1094 Main St.
Nathan Pulowski

Ron’s Auto Care
150 Suffolk St.
Ron Poirier

LUDLOW

Basics Mini Mart
192 East St.
Ahmad Amin, Hasan Nadeem

Birch Pond Farm
1709 Center St.
Marcy Reed, Adolfo Segarra

Holiday Inn Express
321 Center St.
Kishor Parmar

Two Roses Tea & Cupcake Co.
8 Chestnut St.
Lorraine Watt

NORTHAMPTON

Columbia Delta Co.
32 North Elm St.
Richard Kowalski

Cultivate & Bloom
20 Hampton Ave.
Amy Lovell

Equiview
98 Main St.
Durryle Brooks, Samuel Bloom

Frank Wdowiak, Master Electrician
938 Bridge Road
Frank Wdowiak

MinuteClinic Diagnostic of Massachusetts, LLC
366 King St.
Kimberley DeSousa

Scotti’s Drive-In
90 Haydenville Road
Amanda Ashton

Strada
108 Main St.
Anna Bowen

VAM Technology, LLC
76 Industrial Dr.
Maksim Loboda

Vintage Treasures
121 North Main St.
Cynthia Wheeler

PALMER

Around the House Handyman Service
131 North St.
Daniel Flowers

Bob’s Small Engine Repair
106 Belchertown St.
Robert Caine

Burgundy Brook
3092 Palmer St.
Keith Gordon, Inna Gordon

Crane Exterior Design
70 Bourne St.
Dale Crane

Cricket Wireless
10458 Thorndike St.
Evan Morowitz

MinuteClinic Diagnostic of Massachusetts, LLC
1001 Thorndike St.
Kimberley DeSousa

Trek Associates
90 Beech St.
Steven Dykstra

Wedgewood Motel
1430 Park St.
Stanley Lamb, Genevieve Lamb

SPRINGFIELD

Amedisys Personal Care
811 Worcester St.
Associates Home Care

Avery’s Painting
100 Loretta St.
James Avery

Bernal Properties
97 Prospect St.
Adalberto Bernal

Cavalry Marketing Group
17 Sumner Ave.
Latna Boyd

Dunn’s Property Management
1655 Boston Road
Aaron Dunn

Enlightened Child Care
104 Clifton Ave.
Dorrett Dawes-Gobay

G & S Cleaning Services
101 Bancroft St.
Carmen Correa

G.A. Murray Consulting
174 Cabinet St.
Gemini Murray

The Laundry Spot
496 Page Blvd.
Marc Brown

Lwyre Enterprises
14 Radner St.
James Hall IV

Modern Day Scribe
48 Grandview St.
Nancy Domenichelli

Nails by Wanda
1 Locust St.
Wanda Tiburcio-Duran

New England Duct Cleaning
117 Fenwick St.
Alvin Medina

R & L Auto Repair
419 Taylor St.
Reinaldo Torres Jr.

R & R Fresh Sushi
1941 Wilbraham Road
Rebecca Maung

Rivera & Sons Services
37 Sunrise Terrace
Edwin Rivera Jr.

Roache Investment Group
82 Fargo St.
Don Roache

Salty Mama Boutique
49 Hobson St.
Gail Corliss

Tesla Carpentry and Tile
28 Rush St.
Cory Richard

Vega’s Ink Studio
159A Boston Road
Marilyn Pirela

The Watcher’s View
123 Bay St.
Anthony Smith

White Glove Inc.
28 Beaumont Terrace
Chandler Daniels

Wind and Wray Glass Creations
34 Front St.
Bonnie Roy

WARE

Moosey’s Muddy Brook Café
259 Greenwich Road
Amy Luksha

WESTFIELD

Cake Ladies at Totally Baked 413
18 School St.
Patricia Partridge

Compass Homes Real Estate School
108 Elm St.
William Miner

Country Mart
397 Little River Road
M & H Enterprises

Cutting Edge Hair Salon
45E Meadow St.
Chiara Bassett

Healthy Lifestyles with Donna
16 Union Ave., Suite 1
Donna St. Jean

Integrative Health & Fitness
1029 North Road, #1A
Robert Guiel

J & J Variety
69 Franklin St.
J & J Variety

Michael J. Fioroni
6 Main St.
Michael Fioroni

Prime Photography Imaging & Services
16 Union Ave.
Andrea York

Vivid Hair Salon & Spa Inc.
99 Elm St.
Basia Belz

Wireless Solutions of New England
83A Main St.
Afaq Ajmeri

Yellow Bear Indoor Tag Sale
98 Southwick Road
Yellow Bear Indoor Tag Sale

WEST SPRINGFIELD

Delta Stores
242 Memorial Ave.
Afaq Ajmeri

Law Office of Caroline M. Murray
71 Park Ave.
Caroline Murray

Nippon Grill
935 Riverdale St.
Aroma Inc.

WILBRAHAM

The Daily Pint
2523 Boston Road
John Leven, Karin Jeffers

Doyle Home Improvement
340 Glendale Road
Timothy Doyle

O’Grady Construction & Design
744 Main St.
Matthew O’Grady

Total Image Salon
2440 Boston Road
Huang Dan Yun

Wicked Good Treats by Elaine
3 Ely Road
Elaine Shepard

Departments Incorporations

The following business incorporations were recorded in Hampden, Hampshire and Franklin counties and are the latest available. They are listed by community.

AGAWAM

Blanchard Landscaping Inc., 31 Simpson Circle, Agawam, MA 01001. David E. Blanchard, Same. Landscaping and snow and ice removal.

CHICOPEE

Alias Solutions Inc., 45 Felix St., Chicopee, MA 01020. Paul C. Stallman II, same. Web design.

EASTHAMPTON

Bake and Ladle Inc., 107 Oliver St., Easthampton, MA 01027. Kimberly Scribner, same. Operate and manage a restaurant.

HINSDALE

Back to Great PT, PC, 701 Peru Road, Hinsdale, MA 01235. Danielle M. Driscoll, same. Physical therapy service.

HOLYOKE

A&A Fernandez Inc., 161 High St., Holyoke, MA 01040. Ada I. Rodriguez, 38 Broulliard Dr., Chicopee, MA 01013. A restaurant, banquet, and meeting room.

PITTSFIELD

ALC Corp., 961 Dalton Ave., Pittsfield, MA 01201. Paul Supranowicz, same. Safe structured residential drug- and alcohol-free.

SPRINGFIELD

Atwater Park Civic Association Inc., 60 Green Lane, Springfield, MA 01107. Steve Haddad, same. Dedicated to the preservation, maintenance, and vitality of the Atwater Park Neighborhood.

WESTFIELD

Artworks of Westfield Inc., 40 New Broadway St., Westfield, MA 01085. Bill Westerlind, 29 Alexander Place, Westfield, MA 01085. Nonprofit that creates and promotes cultural arts, literary arts, musical events, and performing arts for the Westfield community.

Automatic Lube Systems Inc., 23 Darwin Dr., Westfield, MA 01085. Johnathon H. Whetton, 15 Sherwin Dr., Enfield, CT 01077. Sale and installation of lubrication systems.

Bay State Title & Escrow P.C., 146 Elm St., Westfield, MA 01085. Robert K. Walker, same. Law firm specializing exclusively in residential real-estate title, closing, and legal services.

WEST SPRINGFIELD

ASI Manager Inc., 380 Union St., Suite 300, West Springfield, MA 01089. Fred Anthony, same. Management of business interests.

Belaz Inc., 15 Cottage St., West Springfield, MA 01089. Anatoliy Sergeychik, 506 Main St., West Springfield, MA 01089. Transportation.

Daily News

HOLYOKE — The Greater Holyoke Chamber of Commerce’s end-of-year Business Breakfast will take place on Wednesday, June 14 at Wyckoff Country Club in Holyoke. The agenda includes the chamber’s 2016-17 accomplishments, a look ahead to future initiatives, and recognition of the change of leadership in its board of directors.

The breakfast will welcome new board members and recognize outgoing board members. The incoming board members are Eileen Leahy, senior manager of Government and Regulatory Affairs at Comcast; Jay Candelario, proprietor of Jay’s Bed & Breakfast; and Zuleika Rivera, co-owner of Appliance Bargain.

The Henry A. Fifield Award for Voluntary Service in recognition of the top chamber volunteer and the 2017 Chamber Business Person of the Year will be announced.

The Business Breakfast is sponsored by the Chamber’s corporate leaders: PeoplesBank, Holyoke Gas & Electric, Log Cabin Delaney House, the Republican, the Dowd Insurance Agencies, Holyoke Medical Center, Holyoke Community College, Marcotte Ford, Resnic Beauregard Waite & Driscoll, Goss & McLain Insurance, Ferriter Law, United Bank, Mountain View Landscapes & Lawncare, United Personnel, Health New England, Loomis Communities, Peoples United Bank, Northeast IT Systems Inc., and Holyoke Mall.

Registration begins at 7:15 a.m., with the program beginning at 7:30. The cost is $25 for chamber members and $35 for non-member guests and includes a traditional buffet breakfast. Tickets may be purchased at holyokechamber.com. Call the Chamber at (413) 534-3376 with any questions.

Daily News

SPRINGFIELD — Each year, the National Conference for Community and Justice (NCCJ) honors members of the community who demonstrate leadership qualities and exemplify the core values and mission of the organization. On Thursday, June 8, Ellen Freyman, attorney and shareholder with Shatz, Schwartz and Fentin, P.C., will be recognized for her significant contributions to the local community at the annual Human Relations Award Banquet beginning at 6 p.m. at the Basketball Hall of Fame in Springfield.

NCCJ was founded in 1927 in response to religious divides in the country at the time. The goal of the organization and its prominent founders — including social activist Jane Addams and U.S. Supreme Court Justice Charles Evans Hughes — was to bring together diverse populations to combat social injustice, a mission perpetuated to this day.

Freyman concentrates her practice in all aspects of commercial real estate: acquisitions and sales, development, leasing, and financing. She has an extensive land-use practice that includes zoning, subdivision, project permitting, and environmental matters. She is a graduate of the Western New England University School of Law (1988) and Pennsylvania State University (1977).

One of the most highly awarded attorneys within the Pioneer Valley, she has been recognized or awarded by BusinessWest magazine (Difference Maker, 2010), the Professional Women’s Chamber (Woman of the Year, 2012); Advertising Club of Western Massachusetts (Pynchon Award, 2012); Springfield Leadership Institute (Community Service Award, 2011); Massachusetts Lawyers Weekly (Top Women of Law Award, 2010); and Reminder Publications (Hometown Hero Award, 2010).

Insurance Sections

Culture of Safety

riskmanagementMention insurance to someone, and chances are they’ll think of buying a certain level of coverage against loss, damage, or other adverse events. But when it comes to business insurance, that’s just one aspect of protecting a company. Just as important is risk management, which is essentially the process of implementing steps to reduce the probability of such dangers. It’s a win-win effort that saves money for both insurance companies and their clients — and often saves lives, too.

Insurance, Bill Grinnell noted, is a transfer of risk, an investment a business makes in protecting itself from the costs of accidents, fraud, theft, and any number of other occurrences.

“You can manage risk in different ways,” said Grinnell, president of Webber & Grinnell Insurance in Northampton. “You can buy insurance to protect against exposures, but you can also reduce the risk of exposures — and your costs will be lower.”

He was talking about risk management, which can take many shapes, but typically refers to the mitigation of risk to avoid an accident or other incident that could trigger a costly insurance claim.

Risk management is big business for insurance carriers, who employ professionals with industry-specific expertise to help businesses cut down on their exposure to risk, thereby saving both the insurer and client money.

Bill Grinnell

Bill Grinnell says reducing risks is the best way to lower the cost of insuring against exposures.

“Some of it is common sense. But sometimes it takes paid professionals to come in and make recommendations to help devise solutions,” said Timm Marini, president of HUB International New England in East Longmeadow. “The larger employers have their own safety officers and risk-management officers, but even they often rely on people like us.”

He said one of HUB’s calling cards is its network of individuals around the country who develop and help implement industry-specific workplace strategies to reduce risk, from driver training to hazardous-materials edcuation. “Within each discipline, there are very specific types of expertise available.”

Shellye Archambeau, CEO of MetricStream, a provider of governance, risk, and compliance software solutions, recently wrote that the hallmark of a good risk-management program is a pervasive risk-assessment culture that starts at the top, and is built on sound policies, training programs, and incentives.

“For organizations to not only survive, but thrive in this new landscape, they will need to build better resilience. That means gathering, analyzing, and learning from the past, so that decision makers can take measured steps to deal with the next major volatility or stress,” Archambeau noted. “It also means having the right risk data at the right time to understand how to diversify or disperse risks, so that no single risk has a major impact.”

The exposures that HUB works with companies to mitigate, Marini told BusinessWest, are diverse and always changing. For instance, while many accident-prevention strategies in manufacturing have been around for decades, now employers must deal with a demographic shift: Americans working longer in life than before, leading to higher-than-ever instances of joint deterioration and a subsequent boost in workers’ compensation claims related to joint injury and replacement.

Then there’s the new high-tech culture as it intersects with driving, a concern for companies with employees who work on the road. “With new technology in vehicles, we’re seeing more distracted drivers,” Marini said. “That creates increased exposure; when drivers get distracted, it’s very similar to drunk or impaired driving.”

SEE: List of Insurance Agencies in Western Mass.

Grinnell agrees, saying, his agency insures many firms in trucking, fuel-oil transport, and other fields where driver safety is a concern. “So we’re seeing more webcam technology, GPS technology, and technology that tracks the speed of the vehicle, sudden starts and stops, swerves … all that gets recorded.”

It’s a way to both incentivize driver safety and to record the true facts of an accident, both of which affect a company’s bottom line. But another high-tech concern is causing an even greater stir these days in the world of risk management.

Breach Combers

That would be cybersecurity, an area of interest for just about every company, large or small. Not every breach causes exposure on the level of a Target or Home Depot, but any avoidable damage can harm a company’s bottom line and reputation.

“Those companies that keep medical records, Social Security numbers, and credit cards are expected to be more diligent in protecting their data than businesses that don’t have so much of that exposure,” Grinnell said. “You need to be sure you’re not only protected, but in compliance with some pretty stringent laws.”

More and more, Marini added, insurance agencies are working with clients to control cyber privacy and protect information. “It runs the gamut from healthcare to manufacturing. If people get in, they can disrupt your business and hold you hostage. We’re spending a whole lot of time developing capabilities to help our customers protect themselves from cyber exposure and risk.”

Timm Marini

Timm Marini says technology is posing new risks, from data breaches to drivers distracted by their devices.

 

One way it has done that is through the use of certified friendly hackers. “We’ve actually put on some seminars with the FBI, where our friendly hacker goes in and shows how easy it is to permeate your firewalls. For 97% of businesses, it’s not a matter of if, but when something of this nature will happen.”

But he also returned to that concept of creating a culture of safety where each employee understands the risks of, say, leaving a laptop open, neglecting strong password protection, or falling for phishing e-mails. “Those moments of carelessness may be having the same password for everyone, or keeping printed materials of a private nature in your vehicle.”

After all, employee negligence may limit insurance protection, noted Lorelle Masters,  a partner at the international law firm Perkins Coie, in Risk Management Monitor. “Although many businesses have crime insurance that covers ‘computer-systems fraud,’ ambiguous provisions or liability limits may restrict coverage,” she noted. “Some courts have held that fraud coverage applies only when intrusions are unauthorized, but not when an unwitting employee falls prey to an online scam.”

For other types of risk exposure, insurance companies rely on the guidelines laid out by the National Fire Protection Agency, the Occupational Safety and Health Administration (OSHA), and other work-related protection agencies — as well as their own, industry-specific expertise — to determine exposure to loss and help companies reduce it.

For instance, manufacturers need to train employees in handling hazardous chemicals and working around dangerous machinery and sharp cutting edges. Much like the friendly-hacker concept, many risk managers conduct mock OSHA inspections, so companies can locate and iron out safety issues before the real thing — when mistakes can lead to hefty fines. Businesses may also choose to make structural changes to their buildings if they’re located in a flood zone, near a faultline, or otherwise geographically vunerable.

Once risk is mitigated to whatever degree is possible, an insurance carrier can then assume the remainder of the risk.

“Risk management boils down to the owner and management of a business making safety a priority and really instilling in their managers to preach safety — and hold them accountable for the safety of their workers,” Grinnell said. “It’s amazing how much common sense can protect a business. On the other hand, if it’s all about profit and productivity and squeezing as much business as you can into one day, then safety falls to the side, then accidents are going to happen. When businesses get the culture of safety right, the rest kind of falls into place.”

Stepping Up

Grinnell noted, however, that many insurance companies do a mediocre job helping companies reduce risk. “Most insurance companies go out for the first visit and make sure companies have their act together, but they don’t repeat that visit or check up on them,” he said. “Some companies do offer more comprehensive risk-management services, but they’re few and far between, so companies are left to rely on their own devices to figure out their risk-management steps. We do offer a fair amount of those services.”

With the risk-management and regulatory-compliance worlds intersecting in a more complex way for businesses these days, Marini said HUB’s emphasis on providing resources to help clients navigate their risks is a definite benefit. “We have all of that available for our customers. Ninety-nine percent of the time, it’s part of the arrangement.”

Some risk-management startegies are simply common sense, from not leaving customer data lying around to shredding rather than throwing away sensitive documents; from maintaining eye-wash stations where chemicals are handled to installing cameras in parking lots and entryways to record the verity of slip-and-fall accidents that often lead to costly lawsuits.

“Those types of controls have been around for a long time,” Grinnell added. “You basically do an assessment of the business, whether you’re trying to prevent hands getting caught in machines or exposure to hazardous materials or fall exposure, whatever. There are safe practices to follow to protect yourself against all those hazards.”

Although no company can ever say it’s totally safe from the myriad events that cause disruption, financial loss, and injury — or worse — it’s clear that developing that culture of safety, with all the details that go into it, can significantly reduce exposures and help employers sleep better at night.

“You may think you’re running the best operation in the world,” Grinnell said, “but if you’re not thinking about these exposures, you’re leaving yourself vulnerable.”

Joseph Bednar can be reached at [email protected]

Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT
Felipe Merced v. Ian C. Harvey and Pioneer Valley Transit Authority
Allegation: Negligent operation of a PVTA bus causing collision with another vehicle and injury to bus passenger: $7,330.50
Filed: 4/18/17

FRANKLIN SUPERIOR COURT
Yvonne Williams v. Omnitrition International Inc.
Allegation: Failure to pay commissions earned: $730,000
Filed: 4/18/17

HAMPDEN DISTRICT COURT
Nancy Ansah v. Yelena Ivanov d/b/a Spa of Eden
Allegation: Negligence causing burns and injury: $1,600
Filed: 3/8/17

Donald P. Henneberger v. B.S.C. Realty Inc.
Allegation: Slip and fall causing injury: $21,000
Filed: 3/17/17

HAMPDEN SUPERIOR COURT
Louis Stevens v. Mark A. Zive, DMD
Allegation: Medical malpractice
Filed: 3/27/17

Dennis Riley Jr., individually and as father and next friend of a minor, Alayna Riley, v. Eastman Chemical Co., M.L. Schmitt Inc., and Entersolar, LLC
Allegation: Negligence causing electrical burn injuries: $600,000
Filed: 4/6/17

Alan Shapiro v. Brothers Pizza
Allegation: Negligence causing fall down stairs and injury: $33,000
Filed: 4/6/17

Jimmie Mitchell v. Dr. Rajat Jindia and Great Expressions Dental Centers of Massachusetts, P.C.
Allegation: Medical malpractice: $26,516.28
Filed: 4/10/17

Nixa Oliver v. Small Smiles of Springfield, LLC
Allegation: Slip and fall causing injury: $100,000
Filed: 4/14/17

Janet Lapinski v. Vibra Hospital of Western Massachusetts, LLC
Allegation: Medical malpractice, fall causing injury: $33,250
Filed: 4/19/17

Dennis Matulewicz v. EDAC Technologies Corp. and EBTEC Corp.
Allegation: Employment discrimination
Filed: 4/24/17

Eugene Allen v. Chessmen Lounge Inc.
Allegation: Negligence causing injury: $33,000
Filed: 4/25/17

HAMPSHIRE SUPERIOR COURT
Latisha Ealy v. Town of Easthampton
Allegation: Exposure to high levels of toxic mold leading to permanent injuries: $150,000
Filed: 4/7/17

Departments Picture This

Email ‘Picture This’ photos with a caption and contact information to [email protected]

Celebrating 50 Years

Springfield Technical Community College staged its 50th Anniversary Gala on April 28 at the Marriott in Springfield. The event drew more than 400 attendees, including past and present presidents, faculty members and staff, and supporters on many levels, including trustees and foundation board members. Below, from top to bottom: 50th Anniversary co-chairs Setta McCabe and Richard Parkin (right) with photographer and frequent STCC instructor Jim Langone; former STCC President Andrew Scibelli with his wife, Kitty; from left, Gary Fialky, retired partner with the law firm Bacon Wilson, Joe Sibilia, founder of Gasoline Alley, and Paul Stelzer, principal with Appleton Corp.; STCC President John Cook, who was inaugurated a day before the gala, with his daughter, Sawyer, son, Crawford, and mother, Nancy Codd Cook; from left, retired faculty members Marilyn Pooler and Joanne Cerato with current faculty member Margaret Woble-Valenski; Frederick and Marjorie Hurst, owners of African American Point of View (Frederick is a former trustee of the college); from left, Gail Carberry, president of Quinsigamond Community College in Worcester and former vice president at STCC, and current college staff members Linda Padykula, Cynthia LaPlante, and Sharon Conte.
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Horses, Hats, and Hors d’oeuvres

Short of heading to Churchill Downs, the Colony Club in Springfield was the place to go for the 2017 Kentucky Derby on May 6. Hundreds of guests wore their finest hats, floral patterns, and pastels to celebrate the 143rd running of the annual race. The event has become a signature event for Square One, a regional nonprofit organization serving at-risk children and families. Presented by the Gaudreau Group, Northeast IT, and the Colony Club, with sponsorship support from NUVO Bank, American International College, Chicopee Industrial Contractors, and others, the event raised more than $20,000 to support Square One’s mission. Below, from top to bottom: Jeremy Casey, David Condon, and Justin Roberts looking dapper; from left, Square One President and CEO Joan Kagan, Christine Maiwald of Renaissance Advisors, Karen Tetrault of the Economic Development Council of Western Mass., Werner Maiwald of Renaissance Advisors, and Kristine Allard, Jenise Katalina, and Joni-Beck Brewer, all with Square One; Joan Kagan and her husband, Dr. Steve Levine; Square One’s Chief Family Services officer, Joni Beck-Brewer, and husband, Bruce Brewer; Square One event volunteers Samantha Baker, Kelsey Allard, and Grace McConnell, all sophomores at Minnechaug High School in Wilbraham. (Photos by Deb Hanna Photography)
img_1886sq-1-derby-party-2017-139img_1805img_1888img_1919

Daily News

SPRINGFIELD — Bacon Wilson, P.C. announced that attorney Hyman Darling recently took the oath of office as the incoming president of the National Academy of Elder Law Attorneys (NAELA). He was sworn in as president at NAELA’s annual conference along with other incoming members of the executive committee, and will officially assume his duties as NAELA president on June 1.

In addition to accepting the office of the presidency, Darling was also honored as a NAELA fellow for 2017. The fellow designation is the highest honor bestowed by NAELA, and is granted to members who have careers in elder law and who have made exceptional contributions to the field. Election as a NAELA fellow signifies an attorney recognized by his peers as a model for others, and an exceptional lawyer and leader. The most significant component in the selection process is commitment and contributions to NAELA through committee participation, programs, and leadership.

Upon accepting the fellow award and the presidency, Darling proceeded to address his NAELA colleagues, thanking them for record-high conference attendance and laying out his plans for the coming year. Much to the delight of the audience, his remarks were delivered entirely in rhyming verse.

Darling is a partner at Bacon Wilson, where he has practiced since 1981. He concentrates in the areas of trusts, estates, taxes, estate planning, probate, guardianships, special needs, and elder law. Prior to joining Bacon Wilson, he served as a trust officer. He has been a frequent presenter for both the Massachusetts Bar Assoc. and Massachusetts Continuing Legal Education. He has also spoken for NAELA at several conferences, both local and national. He is an adjunct faculty member at both Western New England University School of Law and Bay Path University.

Darling serves on many local planned-giving committees, and is a frequent lecturer for professional and civic groups in the Pioneer Valley. He is a member of the Special Needs Alliance, and is also a former president of the Hampden County Estate Planning Council.

Daily News

SPRINGFIELD — United Way of Pioneer Valley (UWPV) announced that its board of directors has appointed Jim Ayres the organization’s next president and CEO, effective June 12. Ayres, who currently serves as the CEO of the United Way Hampshire County, will succeed Dora Robinson, UWPV’s most recent president and CEO and current president emeritus.

“After a comprehensive search, the board is thrilled to have found a strong leader with a proven track record to lead this organization that is such an integral part of the Pioneer Valley,” said Ben Markens, United Way Pioneer Valley board chair. “The board of directors was impressed with Jim’s extensive nonprofit experience, leadership skills, and collaborative approach to problem solving. As we approach our 95th anniversary, it’s only fitting that we’ve found a leader with both enthusiasm for the United Way mission and the skills to position us to provide essential services to the community for many years to come.”

Ayres comes to UWPV from United Way of Hampshire County (UWHC), where he has served as CEO and executive director since 2011. During his tenure there, he expanded the donor base and increased both funding diversity and overall revenue at a time when many United Ways nationally had experienced shrinkage.

Prior to joining UWHC, he served for 12 years as the executive director of the Center for New Americans, an education and resource center for immigrants, refugees, and other limited-English speakers in Western Mass. With roots in the Springfield public schools, where he worked as a parent community and involvement coordinator, he has extensive experience working with school systems, local and state governments, community coalitions, workforce boards, and other nonprofit organizations to develop programming and policy. He is the incoming board president of the Massachusetts Nonprofit Network and an adjunct professor of Nonprofit Administration and Philanthropy at Bay Path University. He holds master’s degrees from the Fletcher School of Law and Diplomacy at Tufts University and the Isenberg School of Management at UMass Amherst.

“I am excited for the opportunity to partner with the United Way Pioneer Valley’s steadfast board of directors, dedicated staff, and vital community partners to extend the organization’s impact in the communities we serve,” said Ayres. “It’s an honor to be entrusted with the organization’s leadership as we continue to fight for the health, education, and financial stability of people across the Pioneer Valley.”

Robinson added that Ayres “is an exceptional leader and very well-respected United Way professional who has elevated the respect, trust, and engagement of stakeholders with United Ways across our region. I’m absolutely thrilled with the board’s decision to hire Jim.”

UWPV will celebrate Ayres’s arrival at the organization’s 95th-anniversary celebration on Wednesday, May 31 at the Barney Carriage House at Forest Park.

Daily News

SPRINGFIELD — The Hampden County Bar Assoc. (HCBA) celebrated National Law Day on May 1 in the Hampden County District Court in Springfield. The theme of this year’s event was “The 14th Amendment: Transforming American Democracy.”

The event was organized by the HCBA President-elect William Travaun Bailey and the master of ceremonies, the Hon. Matthew Shea. Massachusetts state Sen. Eric Lesser was also in attendance to share remarks. There was a presentation by the Mock Trial Team from Pioneer Valley School of Performing Arts as well as the presentation of the prestigious John Greaney awards to attorney Jeffrey Morneau and Jaime Morrow, Hampden County Legal Clinic coordinator.

Daily News

SPRINGFIELD — Bacon Wilson announce that attorney Kevin Maltby is a recipient of 2017’s Excellence in the Law Pro Bono Award from Massachusetts Lawyers Weekly. He was recognized for his pro bono efforts in connection with the Springfield District Court’s Lawyer for a Day program.

With the support of the Hampden County Bar Assoc., Maltby led the 2012 effort to establish the weekly program, and he is currently working on significant expansion of pro bono services offered by the Hampden County Legal Clinic. He was inspired to initiate the Lawyer for a Day program after taking note of numerous people trying to represent themselves in court, often unsuccessfully, due to their unfamiliarity with the law and court procedures.

In Maltby’s interview with Massachusetts Lawyers Weekly, he humbly refers to the program as “just a place to get an answer.” But colleagues know the program is much more than that. Upon learning of the award, Bacon Wilson’s managing partner, Kenneth Albano, noted that “the Lawyer for a Day program led by attorney Maltby and the Hampden County Bar Association’s Legal Clinic is an incredibly valuable — and successful — service to our community. The program provides free counsel to many people who have nowhere else to turn for legal advice. Bacon Wilson is proud of Kevin’s long record of service to our community, and we are very pleased to see him get the recognition he so richly deserves.”

In addition to the District Court Lawyer for a Day program, Maltby contributes his time to numerous other pro bono programs, including the Massachusetts Bar Assoc. Dial-a-Lawyer program, and the Hampden County Bar Assoc. Lawyer on the Line program. He is the current president of the Hampden County Bar Assoc., where he also serves on the pro bono committee. He is a member of the Massachusetts Supreme Judicial Court’s standing advisory committee on professionalism, and is an adjunct professor at Bay Path University, where he teaches advanced litigation.

DBA Certificates Departments

The following business certificates and trade names were issued or renewed during the month of March 2017.

AMHERST

Oliver Construction
170 East Hadley Road
Omar Gayle

Renaissance School Inc.
867 North Pleasant St.
Dotty Meyer

Socialopolis
151 Orchard Hill Dr.
Jacob Ayers

TrailTech
5 Morrow Lane
John Kowalski

CHICOPEE

Big Boys Contracting
930 McKinstry Ave.
Victor Borisik

Casa del Caribe Restaurant
108 West St.
Bernice Rivera

Ela Deli
226 Exchange St.
Elzbieta Magda, Gregorz Magda

Europa Deli
55 Cabot St.
Krystyna Kania

Frank’s Garage
11 Lawndale St.
Frank Drewniak

Hearth and Harness
35 Cochran St.
Ginger Moon

Oasis Risk
57 Sanford St.
Garrett Owens

RJ Services
1 Exchange St.
Richard Jones

EASTHAMPTON

Elite Quality Cleaning Service, LLC
22 Treehouse Circle, Apt. 2
Pamela Ann Lumpkin

In Unity Healing Center
384 Main St.
Candice Amendola

R & D Ventures Group
37 Maple St.
Robert Bolon

Spirit Playground Healing Arts
384 Main St.
Tammi Jo Bechard

Superior Roof Cleaning
25 Franklin St.
Luke Delisle

EAST LONGMEADOW

Added Attractions
180 Shaker Road
Carol Kononotz

Ciao Bella
128 Shaker Road
Donna Brayton

Great Clips of East Longmeadow
420 North Main St.
Clifford Laraway

Perron’s Automotive Inc.
197 Shaker Road
Brian Perron

Salon Karma
35 Harkness Ave.
Sarah Pliska

GREENFIELD

Connecticut River Conservancy
15 Bank Row
Connecticut River Watershed Council, Andrew Fisk

Lafave Plumbing & Heating
182 Fairview St.
Brian Lafave

HADLEY

Debra Rusenko, Licensed Acupuncturist
8 Goffe St.
Debra Rusenko

Leah Hollrock Jewelry
298 Russell St.
Leah Hollrock

Nail Pro
367 Russell St.
Ouyn Nguyen, Lien Luong

Peters Farm
112 East St.
Clinton Peters

Rtrue Productions
3 Kennedy Dr.
Richard Trueswell

S&M Rebuilders
75 Lawrence Plain Road
Carl Johnson

HOLYOKE

Cajun Café & Grill
50 Holyoke St.
Harry Chen

Dr. Vonnahme & Associates, P.C.
98 Lower Westfield Road
Dr. Hans Vonnahme

Providence Behavioral Health Hospital
1233 Main St.
The Mercy Hospital Inc.

Rogue Life Art
20 Hitchcock St.
Kristen Davis, Amy Davis

Ven You Events
14 School St.
Beatriz Cruz

LONGMEADOW

Mousse Café
101 Converse St.
Darby Mather

Muslu Law Firm
785 Williams St., #185
Claudia Kokaz

RA Wireless of MA
744 Bliss Road
Sammy Fathalla

Sagacity
114 Crescent Road
Barbara Flynn

School Volunteers Share
18 South Park Ave.
Jennifer Cosgrove

LUDLOW

Fall Fields Farm 2
482 Holyoke Road
Clarke Kennedy

Psych Care Associates, P.C.
185 West Ave., Suite 301
Usman Qayyum

NORTHAMPTON

Al-Mehar Inc.
15 Locust St.
Syed Iqbal

Angie Gregory Consulting
18 Northern Ave.
Angela Gregory

Anthony King Wheelbuilding
32 Highland Ave., Apt. 2
Anthony King

Arborcast Films
28 Highland Ave.
David Gaestel

Born Perfect
72 Center St., #3B
Jaye McElroy, Leta Herman

The Children’s Clinic
17 Brewster Court
Tina Champagne

Easthampton Farmers’ and Makers’ Market
198 Sylvester Road
Adrienne Ehlert-Bashista

Grow Haus Inc.
26 Strong Ave.
Moses Nasar

Hybrid Strength and Conditioning
215 Lovefield St., Unit D
Alexander LeBoeuf

Noho Music
104B Damon Road
Philip Warren

Rebekah Markham
16 Center St., Suite 511
Rebekah Markham

Studio 338 Handwoven
221 Pine St.
Paula Veleta

Tidy Gnome
59 Chestnut St.
Angela Parro

PALMER

Ancestral Link
1321 Main St., Apt. 6
Romari Caesar

Arrange This Travel
1350 Ware St.
Tonya Girouard

Bourgeois Transportation
3001 Hill St.
Kenneth Bourgeois

Federico’s Sales and Service
323 Burlingame St.
Francis Federico

Payless Auto
26 Wilbraham St.
Kelly Doyle, Wayne Doyle

Stephen’s Tree Service
102 Chestnut St.
Shane Stephens

SOUTHWICK

Center Property Services, LLC
15 Pearl Brook Road
Michael Buscemi

The Cove
90 Point Grove Road
Tina Siniscalchi

New Main Moon
610 College Highway
Zhao Yang

Residential Bulk Deliveries
9R Rising Corner Road
Norman Mogul

SPRINGFIELD

CEMA 69
25 Mattoon St.
Carlos Mendez

Chicke D’s Chicken & Grill
1375 Carew St.
Derrick Brathwaite

Clayton Commons Management
7 Clayton St.
Ernest Harris

Creative Mind Labs
248 Hancock St.
Marcus Hickley

Hong Kong Garden Restaurant
475 Breckwood Blvd.
Shaoquing Ni

Insurance Paid Construction
93 Maryland St.
Mayra Martinez

It Makes Scents
77 Fairfield St.
Michelle LaRocque

JDL Financial
11 Preston St.
Julius Demetrius

JDL Productions
27 Lyman St.
Julius Demetrius

Life in the Valley
83 Ontario St.
Angel Martinez

Magnolia Family Daycare
204 Abbott St.
Michelle Mann

Papa Bear Gift Baskets
186 Belmont Ave.
Jasmine Green

Plummer Enterprise
116 Andrew St.
Deveron Plummer

Posh Studio LLC
1372 Allen St.
Cynthia Rossini

Power Gospel Church
43 Ferris St.
Jesse Lee

Quang’s Forest Park Barbershop
529 Belmont Ave.
Tuyen Nguyen

Trueheart Enterprise
38 Wilber St.
Lolitta Lowe

Tyler John Inc.
28 Verge St.
Samuel Wilson

Universal Real Estate
33 Mulberry St.
Anthony Ardolino

Yung Kidney
75 Copeland St.
Shequinna Barton

WARE

Deer Haven Farm, LLC
417 Palmer Road
Brian Skoczylas, David Skoczylas

DeSantis, LLC
417 Palmer Road
Brian Skoczylas, David Skoczylas

WEST SPRINGFIELD

Advanced Landscaping
955 Piper Road
Allan Beiermeister

Ashley Arms, LLC
131 Ashley Ave.
Mary Thayer

Atlantech Security
203 Circuit Ave.
Steven Rodrigues

Atwood Fire & Security
33 Sylvan St.
George Condon III

Bertera Mitsubishi
526 Riverdale St.
Bertera Automotive

Bob’s Auto
622½ Union St.
Robert Philip

Cyber Exchange
1267 Riverdale St.
Stephen Buynicki

Joe’s Barbershop
450 Main St.
Joseph Guadalupe

Mr. Siding
96 New Bridge St.
Maksim Reznichenko

Northeast Family Services
59 Interstate Dr.
Peter Patch

Orgullo Latino
2260 Westfield St.
Lois Reyes

Otis Boat Lift & Docks
849 Amostown Road
Brian Battista

Pat Tours
1285 Riverdale St.
Mary Gorecki

Savers
135 Memorial Ave.
Michael Ensine

Stella’s Bones & Pet Care
640 Elm St.
Lesley Maple

Super Petro Inc.
230 Day St.
Michael Vickers

Then G Creations
240 Dewey St.
Angelica Dias

Ultimate Home Inspections
379 Rogers Ave.
Theodore Pinkerman

Zen Cowork
865 Memorial Ave.
Karoun Charkoudian

WILBRAHAM

The Law Office of Karen M. Romano, Esq.
1060 Stony Hill Road
Karen Romano

Briefcase Departments

SC Learning Commons to Be Named for Benefactor

SPRINGFIELD — During his lifetime, Rev. Harold Smith dedicated himself and his many gifts to Springfield College. Mary-Beth Cooper, Springfield College president, announced that, to celebrate his rich legacy, the college will name its newly reconstructed learning commons to honor his memory and the many ways in which he helped Springfield College grow and prosper. Smith passed away March 21, 2017, in New York City, at age 83. “Harold had a passion for Springfield College and for the YMCA,” said Cooper. “His life’s work will live on in this learning commons and in the lives of our students who will study and research there.” Smith was a valued member of the Springfield College board of trustees for more than three decades, and served as chair of the board’s investment committee for 25 of those years, as well as on the executive committee and the committee on business affairs. Under his leadership, and through his investment expertise and strategy, the college’s endowment experienced unprecedented growth through a diverse portfolio. Smith was recognized for his dedication and commitment to serving others in the Springfield College tradition when he was awarded the Springfield College honorary doctor of humanics degree in 1998. He was a member of the college Naismith Giving Society, which recognizes donors who have given more than $1 million during their lifetime. He is enshrined in the YMCA Hall of Fame located on the college campus. The Harold C. Smith Learning Commons will be dedicated when the building is opened later this year to honor the man who studied for the ministry, but went on to become the president and chief investment officer of the YMCA Retirement Fund. Reflecting 21st-century library innovations, the learning commons will become the heart of the college’s academic program, providing facilities where students and faculty can study, research, work in groups, and receive writing and other academic support. Renovations of the college’s 45-year-old library began in August 2016, and the new facility will include a 24-hour reading room, a café, and a technology hub designed to promote collaboration between research and information technology, and will be home to the college’s Academic Success Center. Smith was a dedicated philanthropist and volunteer throughout his lifetime and volunteered for the League of Women Voters, the Interfaith Committee of Trumbull, and the Bridgeport Area Foundation. He was a trustee of the YMCA Retirement Fund, YMCA Greater Bridgeport, and Ursinus College, as well as a board member of the YMCA of Greater New York, Bank Mart, and Y-Mutual Insurance. Born in the Bronx, Smith was an ordained minister in the United Church of Christ and held a bachelor’s degree and doctor of divinity degree from Ursinus College, a master of divinity degree from Union Theological Seminary, and an MBA from New York University. He was a chartered financial analyst, a member of the New York Society of Security Analysts, and a member of the American Economics Assoc. He had a 40-year dual career in ministry and investments.

STCC to Offer Summer Classes

SPRINGFIELD — Springfield Technical Community College (STCC) will offer five-week and 10-week on campus and online summer classes. Session One begins June 5, and Session Two starts July 10. Summer classes an ideal opportunity for area college students to earn college credit between June and August, said STCC Dean of Enrollment Management Matthew Gravel. “The majority of classes available during summer session can be used to fulfill requirements at other colleges and universities,” he added. “Classes fill up very quickly, and we continue to offer classes across the curriculum to meet the demands of STCC students, as well as students from other colleges and universities who are home for the summer.” Academic subject areas include accounting, anthropology, biology, business law, chemistry, criminal justice, economics, electronic systems, English, finance, graphic communication and photography, history, IT, math, marketing, medical assisting, music, office information technologies, philosophy, physics, psychology, sign language, sociology, Spanish, and speech. Class schedules are available at www.stcc.edu/summer. Students can register online, by phone at (413) 755-4321, or in the Registrar’s Office, Garvey Hall South, first floor.

Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

HAMPDEN SUPERIOR COURT

Patrick Connelly v. New Beginnings Retail, LLC d/b/a Shop Therapy
Allegation: Failure to pay overtime wages: $31,355.60
Filed: 3/20/17

Yankee Home Improvement Inc. v. Jonathan Moore and Brandolini Construction, LLC
Allegation: Breach of contract: $2.3 million
Filed: 3/17/17

Matthew Leary v. AMP Electrical Inc.
Allegation: Breach of contract: $25,000+
Filed: 3/20/17

Magali Medina v. Peabody Properties Inc.
Allegation: Slip and fall causing injury: $40,000
Filed: 3/23/17

Michael Morin v. Home Depot USA Inc., USM Inc., and Grant Services Inc.
Allegation: Neglience causing personal injury and property damage: $27,860.87
Filed: 3/23/17

Michael DiRoma v. The Stop and Shop Supermarket Co. Inc.
Allegation: Slip and fall causing injury: $61,627.80
Filed: 3/28/17

Betts Plumbing & Heating Supply Co. Inc. v. Pouliot’s Plumbing & Heating Inc.
Allegation: Monies owed for goods sold and delivered: $84,508.87
Filed: 3/28/17

HAMPSHIRE DISTRICT COURT

Carl Lounder v. Thomas Crossman d/b/a Crossman Properties
Allegation: Non-payment of overtime wages: $4,232.81
Filed: 3/21/17

HAMPSHIRE SUPERIOR COURT

Patrick Connelly v. New Beginnings Retail, LLC d/b/a Shop Therapy
Allegation: Failure to pay overtime wages: $31,355.60
Filed: 3/28/17

Marlene P. Barnett as administratrix of the estate of William D. Barnett a/k/a William D. Barnett Jr. v. David E. Lawton and Lashway Lumber Inc.
Allegation: Wrongful death, motor-vehicle collision with tractor-trailer
Filed: 3/28/17

Debra M. Budrewicz, individually and as personal representative of the estate of Ronald E. Madejewski v. Steven Robinson d/b/a Robinson Properties
Allegation: Breach of contract, negligence: $200,000
Filed: 4/3/17

Daily News

SPRINGFIELD — Federal Court Judge Mark Mastroianni, who graduated from American International College (AIC) in 1986, will deliver the commencement address to graduate and undergraduate students and receive an honorary degree from the college at its commencement ceremony on Saturday, May 13 at 2 p.m. at the MassMutual Center. He will receive an honorary doctor of laws degree, awarded for outstanding achievement in the social sciences and for significant community contributions at the local and national levels.

Mastroianni graduated magna cum laude with majors in English and political science. While at AIC, he received the Outstanding Senior Award, Outstanding Achievement in History Award, and Outstanding Achievement in Political Science Award. He was named to the National Honor Society in 1985. Mastroianni attended Western New England University School of Law and graduated with a juris doctorate in 1989. He began his legal career at the Hampden County District Attorney’s Office as a prosecuting trial attorney and later moved to private practice specializing in criminal-defense litigation in both state and federal courts.

In 2010, Mastroianni announced his candidacy for district attorney of Hampden County, and won. He was elected as the only independent to serve as one of the 11 district attorneys in the Commonwealth. During his tenure, he initiated programs focusing on the use of DNA and modern forensic technology to successfully investigate previously unsolved murder and cold cases, and he began community outreach to connect with, educate, and focus on issues faced by diverse members of the community, including elders, school-age children, and those in high-crime neighborhoods.

In 2013, Mastroianni was recommended by a search committee formed by Sen. Elizabeth Warren to fill a judicial vacancy in the U.S. District Court. Warren’s recommendation to fill the judicial position was made to President Barack Obama, who noted that Mastroianni “demonstrated the talent, expertise, and fair-mindedness Americans expect and deserve from their judicial system.” In June 2014, the Senate confirmed the president’s nomination by a 92-2 vote, and Mastroianni received a lifetime judicial commission in June 2014.

Mastroianni has received numerous recognitions, including the Kent B. Smith Award for achievement and dedication to the advancement of the practice of criminal law, the Massachusetts Missing Children’s Day Award for contribution and service to that cause, and a Distinguished Alumni Award from Western New England University School of Law.

AIC alumnus James Hagan, who graduated with an MBA in 1988, will receive an honorary doctor of commercial science degree awarded for outstanding achievement and service in the field of commerce. Hagan has spent his career in the banking business, having been with Westfield Bank for more than 20 years, serving as vice president of commercial lending and chief operations officer before becoming president and CEO.

In addition, Hagan has dedicated himself to lending his time and talent to assist many organizations. He currently is serving a second term on the board of trustees for Westfield State University, where he previously served as board chair. In addition, Hagan is a member of the board of directors for Stanley Park of Westfield Inc., and a trustee of Westfield Academy Westfield Inc. and the Greater Westfield Babe Ruth League Inc. He is also a member of the St. Mary’s Parish finance council, a corporator for Westfield Athenaeum, and a Greater Westfield Babe Ruth League coach.

Community Spotlight Features

Community Spotlight

Springfield Mayor Domenic Sarno (left) and Police Commissioner John Barbieri

Springfield Mayor Domenic Sarno (left) and Police Commissioner John Barbieri say community-policing efforts are changing perceptions — and reality — about crime in the city.

Most people are familiar with the major projects underway in Springfield: the $950 million MGM casino, the $90 million renovation of Union Station, and the $95 million CRRC MA rail-car factory being built at the former Westinghouse site.

But a highly successful, multi-pronged program to improve public safety that was created by Mayor Domenic Sarno and the Springfield Police Department has gone on mostly behind the scenes and yielded remarkable results.

“We have had a 20% drop in crime since 2015,” said Police Commissioner John Barbieri.

Officials attribute the dramatic reduction to a number of factors. They include an increase in police officers (48 were added from the last academy, and in about a month another 50 will be sworn in), a highly effective C3 (community policing) program, an ongoing strategic analysis of crime by a division in the police department that has been dramatically increased, leadership classes for police officers, a new computer program on laptops in cruisers that pinpoint where recent crimes have occurred and allows police officers to read reports about them, and other measures that have made a decided difference.

Officials are proud of the recorded success, but know that changing public perception remains an ongoing challenge.

“Perception and attitude equal reality, and we are continuing to battle the negative perceptions people have toward crime and urban cities by enhancing public safety and providing increased police visibility,” Sarno said, noting that, in the past, businesses interested in moving to Springfield typically asked about public safety, but that conversation rarely occurs today.

downtown police presence

The downtown police presence will be boosted by a number of well-lit kiosks and substations.

Barbieri agreed. “The goal for the future is to create a high degree of police visibility downtown which reflects modern-day standards,” he said. “Whenever people travel to a metro area, they worry about crime, but an increase in police presence combats their fear.”

He added that public safety and economic development complement each other, and the entire police department has been reorganized.

“We’ve a made a commitment to the community in terms of accountability and responsiveness,” Barbieri noted, explaining that the department’s approach has differed from most large cities, where attempts to suppress crime are not typically linked to accountability. For example, some police departments might increase arrests or tickets for offenses such as littering, but since 99% of people are law-abiding, those tactics don’t generate cooperation or lead to an increase in information from residents about problems that haven’t yet surfaced.

“Our officers will never know the neighborhoods they work in as well as the people who live there, no matter how long they are assigned to an area,” Barbieri said, as he spoke about the difference community policing has made in establishing respect and rapport between Springfield police officers and residents.

“Crime is complex, and it takes a unified approach by nonprofits, businesses, schools, and local, state, and federal partners to deal with the issues that cause it,” he continued. “Reducing crime is not just about making arrests; it’s about arresting the right people who will not reform or seek help, as well as resolving neighborhood problems.”

They can include derelict properties, and to that end, Sarno created a Quality of Life/Ordinance Flex Squad in 2008 to deal with properties that are neglected or affect the quality of life of nearby residents. Members include the police department, building and code enforcement, the city’s law department, and the mayor’s office. The fire department and housing department also offer assistance when needed, and the collaborative approach has proven effective.

Sarno noted, as an example of success, a project that involved multiple entities to deal with the old River Inn at the corner of State and Thompson streets. It had been a troubled location for two decades before it was condemned in 2011, then purchased by DevelopSpringfield at a foreclosure auction and demolished. There are other examples of success related to the vision of creating a vibrant downtown where people feel safe and can enjoy and appreciate the Innovation District, Union Station, the Quadrangle, the MGM casino, and the businesses and eateries that already exist as well as those that will grow around them.

“But no matter how much money is spent on marketing, word of mouth is key,” Sarno said, adding that highly successful events, such as the Jazz & Roots Festival in August that attracted more than 12,000 people from all over New England and New York, are making a difference in perception and reality, which is critical because Union Station will be used by 4 million people each year and the MGM casino will bring in at least 10,000 guests on a daily basis when it opens.

For this issue, BusinessWest focuses on measures that officials in Springfield and its police department have taken to improve public safety and the overall perception of the City of Homes.

Ongoing Work

When Sarno was elected mayor in 2008, the city had significant problems and was being managed by a state Finance Control Board due to a $41 million budget deficit. But that board was dissolved in 2009, and in addition to addressing the city’s finances, Sarno took steps to improve public safety and quality of life in all of Springfield’s neighborhoods.

New lighting was installed downtown, the police presence was strengthened in the former entertainment district, which had been attracting large numbers of undesirable people, and the size of the police force was increased.

In addition, MGM made a commitment to spend $1.5 million annually for 15 years to create and maintain a public-safety district downtown due to the traffic it will bring to the city. The district runs from the south end of Mill Street to Union Station, to Riverfront Park, which is being renovated, and up to the Quadrangle.

But perhaps one of the most important changes was the establishment of C3 policing in vulnerable neighborhoods where high levels of poverty, truancy, and healthcare problems exist. Special police units have been created and put in place in four areas: Mason Square, the South End, the North End, and lower Forest Park.

MGM will be an important piece of Springfield’s resurgence

MGM will be an important piece of Springfield’s resurgence, Mayor Domenic Sarno says, but it’s only one piece.

Police officers in these units have formed strong bonds with families and children through a number of measures. They have walked thousands of students to school via a program called the Walking School Bus, attend school sports events and cheer students to success, participate in community events, and recently collaborated with neighborhood agencies to hold an Easter-egg hunt.

Every police academy recruit receives C3 policing and de-escalation training and volunteers on a regular basis in the community, where they mix and mingle and take part in a wide variety of activities.

Weekly meetings are held in each neighborhood that are attended by representatives from 60 agencies, including churches, local businesses, and nonprofits such as the YMCA, YWCA, and Big Brothers Big Sisters. The number of residents who attend the meetings is growing, and many provide information about issues that need to be addressed.

“The philosophy of C3 policing is carried over into our entire uniformed division,” Barbieri said, noting that all concerns expressed by residents are taken seriously.

The mayor said the city’s C-3 policing program (which was named a Difference Maker by BusinessWest in 2013) has been so successful, it is being used as a model across the country, and Barbieri has spoken about it before many audiences.

In addition, the police commissioner established a Crime Analysis Unit in 2014 that allows the police department to determine trends and patterns.

“We look at trends from the previous year and hold weekly meetings with all of our commanding officers and supervisors to go over crime that has occurred,” Barbieri said, explaining that they discuss problem properties, prolific offenders, and strategies that will be used to resolve issues. “There is a high level of accountability.”

Sarno works closely with Barbieri and gave a green light to the idea of installing a Crime View program on the laptops in every police cruiser. The technology gives officers detailed information about incidents that have taken place over the previous seven days in the area they are assigned to patrol.

“It pinpoints where the crime occurred and allows officers to read reports related to each incident, including the time of day and day of the week it took place, so they can self-deploy into the areas where they are needed the most,” Barbieri said, noting that residents can also text tips or reports anonymously about problems or concerns.

Although a police presence is not always visible in some neighborhoods, that happens for a reason, as it doesn’t make sense for officers to be limited to a very small area. For example, if a rash of housebreaks are occurring in a neighborhood, an appropriate contingent can move into that area.

However, in the near future, the police presence downtown will increase and be highly visible. Plans are in place to build a number of well-lit police kiosks and substations in the public safety district, and Union Station will have its own police office.

Call-for-service kiosks will also be installed throughout the area, containing cameras that videotape action on the street, and the C3 squads will be expanded.

“People will see blue wherever they go,” Barbieri said, noting that additional police officers assigned to the area will be hand-picked and will adopt a customer-service approach.

In addition, programs in the schools and community centers are yielding positive results: the truancy rate has been cut in half, and young people are forming relationships with police due to their participation in community events and the Walking School Bus program.

The entire police department is making strides, and is the only one in the country that provides peer-to-peer anti-corruption training without being mandated to do so by a federal consent decree. In addition, the strategic crime unit will eventually become a 24/7 operation and will provide information to officers in real time as crime is occurring.

Sarno believes that, as Springfield adds more attractions and confidence rises, there will be an increase in demand for housing downtown, and Baby Boomers who left years ago may want to return.

The $6 million renovation of the former Morgan Square complex at 15 Taylor St., located a block from Union Station, serves as a cornerstone of new residential redevelopment and potential for growth in the future. The complex has been named SilverBrick Lofts Springfield, and 25 of its one- to three-bedroom apartments, with rents ranging from $795 to $1,235, have been reserved for teachers.

Kevin Kennedy, the city’s chief Development officer, said another example of progress is the $40 million renovation of the Chestnut Towers complex by Related Beal. When the towers were built 40 years ago, the property was known for its luxury apartments, but the state foreclosed on the complex in 1996, and after that occurred, it became a hotspot for drugs, violence, and other crimes.

But that is another site where progress is occurring. “Related Beal plans to spend about $100,000 on each of the 489 apartment units,” said Kennedy. “A key component of its plan involves working with the police department to get rid of negative tenants and provide reassurance to the good families who live there.”

He noted that there has been a change in management, the developer is working with police to hire a new security director, and it has partnered with the city to provide better housing and improve the quality of life for new and existing residents.

In addition, Pynchon Plaza will be updated and renovated. It was built in 1976 as a gateway between downtown and the Springfield Museums and Quadrangle, and the city is going out to bid for designer services for a plan to improve it in phases.

New Chapter

Sarno believes confidence in public safety will grow alongside new entertainment venues and spur more investment.

“MGM put Springfield on the map, and the new CRRC MA plant and Union Station revitalization has led to meetings every week with businesses and developers who want to come to Springfield,” he said, noting that the City of Homes has an AA+ rating from Standard & Poor’s, and the last two city budgets were not only balanced, but contained reserves.

Crime — as well as the perception of it — is being reduced, and officials are proud of the work being done by the police department. “When Springfield police officers were asked to stand up to prepare the city for growth, they stood tall and embraced the community,” Barbieri said.

Sarno calls Springfield police officers “sentinels of peace” and says they are making a positive difference 24 hours a day.

“In the next five years, there will be dramatic changes in Springfield,” he said, “and we are working hand in glove with the police department to keep our city safe.”

 

Springfield at a glance

Year Incorporated: 1852
Population: 156,000 (2016)
Area: 33.2 square miles
County: Hampden
Residential Tax Rate: $19.66
Commercial Tax Rate: $39.07
Median Household Income: $38,398 (2015)
median family Income: $43,289 (2015)
Type of government: Mayor; City Council
Largest Employers: Baystate Medical Center; MassMutual Financial Group; Big Y; Center for Human Development; American Outdoor Brands Corp.
* Latest information available

Daily News

SPRINGFIELD — Springfield Technical Community College (STCC) will offer five-week and 10-week on campus and online summer classes. Session One begins June 5, and Session Two starts July 10.

Summer classes are the perfect opportunity for area college students to earn college credit between June and August, said STCC Dean of Enrollment Management Matthew Gravel.

“The majority of classes available during summer session can be used to fulfill requirements at other colleges and universities,” Gravel said. “Classes fill up very quickly, and we continue to offer classes across the curriculum to meet the demands of STCC students, as well as students from other colleges and universities who are home for the summer.”

Academic subject areas include:  Accounting, Anthropology, Biology, Business Law, Chemistry, Criminal Justice, Economics, Electronic Systems, English, Finance, Graphic Communication & Photography, History, IT, Math, Marketing, Medial Assisting, Music, Office Information Technologies, Philosophy, Physics, Psychology, Sign Language, Sociology, Spanish, and Speech.

Class schedules are available at www.stcc.edu/summer. Students can register online, by phone at (413) 755-4321, or in the Registrar’s Office/Garvey Hall South/First Floor.

Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C., a labor and employment law firm serving employers in the greater Springfield area, invites business owners, managers and human resource professionals to an informative webinar outlining ways employers can stay in compliance with what can be some tricky federal wage and hour regulations.

The webinar will be staged April 25 from 3 to 4:30 p.m. and hosted by attorney Kimberly A. Klimczuk of Skoler, Abbott & Presser, P.C., in conjunction with BLR. A live Q&A will follow the presentation.

“Organizations that don’t strictly follow the rules regarding compensation for work-related travel, on-call time or training that could be at legal risk,” said Klimczuk.

Topics covered during the webinar will include:

  • Key factors that determine whether commuting time or travel during regular work hours qualifies as paid work time, and whether travel between job sites is compensable;
  • When training programs are considered compensable — and whether they qualify for overtime;
  • What to consider when determining an employee’s overtime rate;
  • Compensation for non-exempt employees who work beyond their regular shift and perform legitimate work activities;
  • When pay for on-call time is required (and how much), and when it’s not; and
  • Best practices for drafting effective travel/overtime/on-call policies.

 

Those interested in registering for the course can do so online at HR Hero® Store or by calling (800) 274-6774.

Klimczuk concentrates her practice on labor law and employment litigation including negotiating collective bargaining agreements and advising on contract interpretation; representing clients in labor arbitration; and successfully defending clients in state and federal court and before administrative agencies in a variety of areas of employment law, including wage/hour law, discrimination, harassment, wrongful discharge and breach of contract.

40 Under 40 Cover Story The Class of 2017

Announcing the 11th Annual Top Young Business and Community Leaders in Western Massachusetts

40under40-logo2017aA year ago it was a first; now, it would have to be called a trend.

Women again outnumber men within the 40 Under Forty class of 2017, as the photos will reveal, although it’s quite close, actually. But who’s counting?

What people should be counting are the years and the numbers of area residents now in this special club, if you will. That would be 11 and 440, to be exact.

As the profiles (list of links to profiles below) reveal, each story of a 40 Under Forty winner is different and in some way unique, hailing from industries ranging from law to banking; from education to transportation; from media to healthcare — not to mention many others. Many are advancing the work of long-established businesses, while others, with an entrepreneurial bent, created their own opportunities instead of waiting for them to emerge.


40 Under Forty Class of 2017


But there are, as always, some common denominators, including excellence within one’s profession, a commitment to giving back to the community, dedication to family and work/life balance, and a focus on ‘what else’ they do in each of those realms.

The class of 2017 (go HERE for the PDF flipbook), its diversity, and its and individual and collective accomplishments will be celebrated at the annual 40 Under Forty Gala on June 22 at the Log Cabin Banquet & Meeting House in Holyoke. A limited number of tables are available, but a number of individual seats and standing-room-only tickets are still available.

The gala will also feature the announcement of the winner of the third annual Continued Excellence Award, a recognition program that salutes the 40 Under Forty honoree who has most impressively added to their résumé of accomplishments in the workplace and within the community, as chosen by a panel of judges.

Speaking of judges, we thank those who scored the more than 150 nominations for this year’s 40 Under Forty competition (see story HERE). They are:

Ken Albano, managing partner of the Springfield-based law firm Bacon Wilson;
Jean Deliso, CFP, president and owner of Deliso Financial Services;
Samalid Hogan, director of the western regional office of the Mass. Small Business Development Center Network and member of the 40 Under Forty class of 2013;
Patrick Leary, partner at the Springfield-based accounting firm Moriarty & Primack and member of the 40 Under Forty class of 2017; and
Matt Sosik, president and CEO of bankESB.

Presenting Sponsors

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Sponsors


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isenberg

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Photography for this special section by Leah Martin Photography

Employment Sections

A Legislative Update

By Peter Vickery

billsdpart

 

A number of business-related pieces of legislation are in various stages of review on Beacon Hill, covering matters ranging from non-competes to earned sick time to credit reports. The common denominator is that they all deserve the attention of area business owners.

There are a number of bills currently under consideration within the Massachusetts Legislature that impact business owners and managers and how they run their operations. What follows is a quick look at several measures that bear watching.

Non-competes

Among the bills filed in the Massachusetts Legislature at the start of its current two-year session was one already familiar to employers, namely the Act to Protect Trade Secrets and Eliminate Non-Compete Agreements. As its title suggests, this refiled measure (originally championed by former Gov. Deval Patrick) would render null and void non-compete agreements between employers and employees.

In Massachusetts, non-competes are already unenforceable in a range of professions and occupations. In 1977, the Legislature made non-competes unenforceable against physicians; in 1983, it added nurses; in 1998, the broadcast industry; in 2004, psychologists; and most recently, in 2008, social workers.


SEE: Chart of Largest Employers


Lawyers are barred from entering into non-competition agreements under the Rules of Professional Conduct. Similarly, internal rules and regulations prohibit them in the financial-services industry. This bill would ban them across the board.

Pregnant Workers Fairness Act

Another re-filed bill of interest to employers is the Pregnant Workers Fairness Act, and this one seems to be garnering widespread support. After the end of the last session, advocates reached agreement with some employers’ organizations, which suggests that, this time around, the bill will make it over the finish line.

If enacted, the measure would require employers to accommodate pregnancy and baby-related requests for longer breaks, private non-bathroom space to express milk, modified schedules, and time off to recover from childbirth. It is important to note that the time off would be in addition to leave already available under other applicable laws.

Earned Sick Time

On the subject of time off, H. 3155 would re-write significant pieces of the Earned Sick Time Law, which the voters approved in 2014. As well as providing that overtime should not count toward sick-time accumulation and clarifying those workers who should not be included in calculating the total number of employees (e.g. the CEO, CFO, COO, independent contractors, and employees working fewer than 20 hours per week), the bill includes a novel fact-finding provision.

Many employers use credit reports to help gauge a job applicant’s reliability and trustworthiness … But Massachusetts might be poised to join the 11 or so states that ban the practice of looking at credit reports, which advocates refer to as ‘credit discrimination’ because of its alleged disparate impact on people of color.”

Because of the effect of sick time on the bottom line, the bill would require the secretary of Labor and Workforce Development to conduct an annual survey asking employers whether the law has led them to change staffing levels, or to move their operations out of state. The bill does not say what the secretary should do with the survey results. But knowledge is power, as the saying goes.

Credit-report Ban

Some knowledge gives too much power, apparently, so efforts are under way to put it behind a statutory veil. Many employers use credit reports to help gauge a job applicant’s reliability and trustworthiness. This is perfectly legal under the federal Fair Credit Reporting Act (for now, at least), so long as the employer obtains the applicant’s permission.

But Massachusetts might be poised to join the 11 or so states that ban the practice of looking at credit reports, which advocates refer to as ‘credit discrimination’ because of its alleged disparate impact on people of color. U.S. Sens. Elizabeth Warren and Ed Markey are pushing for a nationwide ban via their bill called the Equal Employment for All Act. In the meantime, a state-level measure sponsored by State Rep. Elizabeth Malia would prohibit Massachusetts employers from using credit reports in their hiring decisions and even from asking applicants for permission to do so.

Although it would exempt certain categories of jobs from the ban (e.g. law enforcement, executive/managerial positions in financial institutions, and positions requiring national-security clearance) the proposal would strip most employers of the ability to lawfully review a would-be employee’s credit report. Violating the statute would constitute an unfair practice under Chapter 93A, the Consumer Protection Act, which generally does not apply to employment disputes, and thereby allow plaintiffs to seek multiple damages and attorney’s fees.

EEOC Transgender Enforcement

At the federal level, the Equal Employment Opportunity Commission (EEOC) has issued guidelines stating that sex-based harassment includes harassment based on “transgender status” and the “intent to transition.” Examples of such harassment include “using a name or pronoun inconsistent with the individual’s gender identity in a persistent and offensive manner.”

The new guidelines purport to apply Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment and contains this definition:

“The terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e-2(h) of this title shall be interpreted to permit otherwise.”

This definition does not, on the face of it, include transgender status, and the equivalent provision in Title IX (regarding education) is the subject of ongoing litigation. Nevertheless, the EEOC has made gender-identity enforcement a priority in its Strategic Enforcement Plan for 2017-21.

The federal guidelines and enforcement plans will not change customs and practices for employers in Massachusetts, where — long before Gov. Baker signed the 2016 Act Relative to Transgender Discrimination — the MCAD had treated discrimination on the basis of transgender status as a violation of Chapter 151B, the Commonwealth’s anti-discrimination statute.

For example, in 2016, the MCAD issued its decision in Tinker v. Securitas Security Services USA and Najeeb Hussain. In October 2009, the complainant, at that point Rebecca (Becky) Tinker, started work as a part-time security officer reporting to Najeeb Hussain. About two years later, during Tinker’s gender transition, Tinker informed Hussain that he wished to be known as Alyx and that Hussain should refer to him with male pronouns. Hussain seems to have not complied.

The MCAD found that Hussain continued to refer to Tinker as Becky and with female pronouns, and to include Tinker in statements that he directed to female employees, e.g. “you girls.” Hussain also informed Tinker of the Koran’s pronouncements regarding homosexuality. Including annual statutory interest of 12% interest, the total award for emotional distress came to approximately $86,000.

Peter Vickery is an employment-law attorney with offices in Amherst; (413) 230-3323.

Employment Sections

Understanding EPLI

By Timothy M. Netkovick, Esq.

Timothy Netkovick

Timothy Netkovick

A primary reason people (and businesses) buy insurance is peace of mind — to have protection from financial loss due to something bad.  Most businesses buy insurance to protect themselves from a variety of potential disputes. Employment practices liability insurance (EPLI) covers certain types of disputes arising out of employment.

How do you know if an EPLI policy is right for your business?  While the answer is “it depends,” there are several factors to consider when deciding to purchase EPLI or not.

What Does EPLI Cover?

EPLI provides insurance coverage for discrimination, wrongful termination, and other workplace issues. EPLI is different than traditional liability insurance, and is being purchased by more and more companies due to an increasing amount of discrimination claims filed by job applicants and employees.

EPLI typically covers discrimination claims based upon sex, race, national origin, age, and all other characteristics prohibited by law. This includes claims made under the Americans with Disabilities Act and Family Medical Leave Act, among other federal laws, as well as associated state discrimination statutes. EPLI policies usually provide coverage to the company, management, supervisors, and employees from claims that arise under the policy.

EPLI typically does not cover wage-and-hour law violations, unemployment issues, or ERISA and COBRA matters. In fact, some claims that you think are covered may not be covered by your EPLI insurance. For instance, in Cracker Barrel Old Country Store Inc. v. Cincinnati Insurance Company, the U.S. District Court for the Middle District of Tennessee agreed with the insurance company’s position when it declined to cover a claim against Cracker Barrel because it was filed by the Equal Employment Opportunity Commission (EEOC). The terms of Cracker Barrel’s EPLI policy said that claims by “employees” were covered.  The insurance carrier argued that the EEOC was not an employee, and therefore declined to provide coverage under the policy.

Cracker Barrel appealed the decision, and the decision was overturned on appeal.  While coverage was ultimately provided to Cracker Barrel under the policy, the case demonstrates that not all scenarios will qualify as a claim under an EPLI policy.

What Time Period Is Covered?

EPLI can be either a ‘claims-made’ or an ‘occurrence’ policy.  It is important to understand the difference between the two types of policies so that you do not have an unintended lapse in coverage. In a claims-made policy, the policy must be in effect when the allegation took place and when the claim was filed. In an occurrence policy, claims that are made during the policy period are covered, regardless of when they arose.

Costs and Benefits of EPLI

The costs and benefits of an EPLI policy will vary from business to business. The first obvious cost is the cost of purchasing the policy. In addition, businesses will also need to factor in the cost of retention, which is similar to a deductible in other insurance policies, and is the amount of expenses the business is responsible for before the insurer will begin paying for the cost of defense.

Insurers use retention as a way to avoid incurring the expense of defending against nominal or frivolous claims by passing on that expense to the business. Conversely, the business will also want to evaluate the amount of their retention prior to obtaining EPLI. A business will need to evaluate its options if it is faced with high retention and a small amount of discrimination claims that are usually resolved at the administrative level.

Has your business had EPLI for several years and never exhausted its retention? Or does your business have a high volume of discrimination cases at the administrative level and also never exhausted your retention? If so, your business could also evaluate the option of self-insuring.

What Is Your Approach to Employment Lawsuits?

Businesses will need to have a consistent strategy when it comes to employment lawsuits. The business should have a clear plan ahead of time as to whether it will report all claims to its EPLI carrier, no matter how nominal they may appear on their face. The more claims are reported, the more the business’ retention amount will increase.

The increased retention will have an impact on the business’ budget for the next policy period. If a business is going to vigorously defend against apparent small claims on its own, it will need to budget for legal fees and possible settlement amounts. A business will therefore need to make a strategic decision when faced with a seemingly small claim as to how it will proceed.

Who Controls the Claim?

EPLI policies typically require the insured’s consent to settle a claim.  EPLI policies also typically include a ‘hammer clause.’ This serves to transfer the burden of paying legal fees and any potential judgment from the insurer to the employer in the event the employer does not agree with the insurer’s decision to settle the matter.

For instance, let’s assume an employer believes that a claim is meritless, and the employer does not want to settle the matter. The insurer has assigned a settlement value to the claim, which is calculated based upon its legal fees and expenses that will be incurred in continuing the defense of the matter. If the employer refuses to settle, the insurer can invoke the hammer clause, and the employer would be responsible for legal fees associated with continuing the defense of the matter.

The employer would also be responsible for any judgment that may be entered against it over and above the insurer’s approved settlement figure. The hammer clause gives an insurer significant leverage in negotiating settlement with its insured.

If the employer agrees to settle a claim against an EPLI policy, the settlement would bring an end to that particular claim. However, any settlement can have long-lasting repercussions for the employer. Similar to auto insurance, any amount the insurer pays out under an EPLI policy will impact your rates for the next policy. Even if an employer switches insurance carriers, a new insurance carrier could view the employer as an increased risk and increase the employer’s rates and the cost of the premium of their next EPLI policy.

Another common feature of EPLI is that it is a ‘wasting policy,’ meaning that, in the event a claim is filed and legal fees are incurred in defending the claim, the amount of the available insurance coverage is decreased by the amount of legal fees incurred by the insurer.

The longer a claim goes on, and the more legal fees are incurred, the less insurance coverage you will have available to settle the claim. This situation becomes even more complicated in the event there are multiple discrimination claims filed against the same policy. The employer will need to be aware of the legal fees incurred in each case, and the amount of settlement, as the policy limits will decrease.

Can I Have My Own Counsel?

Oftentimes, insurance companies want to use their attorneys to defend against a claim. The insurance-company attorneys usually have no familiarity with the business and no knowledge of its business practices. However, the business may have been represented by its own counsel for a prolonged period of time and prefers to use its own counsel due to ease of communication and familiarity with its business practices.

A proactive employer may be able to have their choice of counsel entered as an endorsement to the EPLI policy at the time the policy is purchased. This preventive measure would alleviate the employer’s potential future headache over choice of counsel.

EPLI is not a panacea; as an employer, it is important to understand what you are purchasing when you purchase insurance coverage. Failing to understand the coverage you are purchasing could leave your company out in the cold when you need coverage the most. Irrespective of EPLI, prevention is your best defense against a lawsuit.

There are several steps you can take to insulate yourself from liability, including ensuring that your employee handbook is current, having written policies that are consistently enforced, imposing consistent discipline, and making sure your managers and supervisors have periodic training to ensure they are aware of all employment laws. These are all ways to minimize your exposure if you face a lawsuit.

Timothy M. Netkovick, Esq. specializes exclusively in management-side labor and employment law at Royal, P.C., a woman-owned, boutique, management-side labor and employment law firm, which is certified as a Women’s Business Enterprise with the Massachusetts Supplier Diversity Office and the National Assoc. of Minority and Women Owned Law Firms; (413) 586-2288; [email protected]

Employment Sections

Questions of Substance

By John Gannon, Esq.

 

John Gannon

John Gannon

Can a job applicant be rejected because of medical-marijuana use? Can employees be let go for lawfully using narcotic pain medications, such as prescription opioids? These are questions without easy answers.

Medical-marijuana dispensaries are opening throughout the Commonwealth. Meanwhile, prescription opioids are wreaking havoc across the country. With medical marijuana use on the rise, and prescription-medication dependence becoming increasingly common, employers are left in the precarious position of trying to help their employees while ensuring workplace safety and employee productivity. Now more than ever, employers need to be aware of the legal pitfalls associated with disciplining or firing employees who rely on these substances for palliative care.

Medical-marijuana Use

In November 2012, Massachusetts residents voted to legalize marijuana for medicinal purposes. Despite marijuana being classified as an illegal Schedule I drug by the federal government, state law does not punish marijuana use by qualifying patients.

Approved patients can obtain a medical-marijuana identification card and purchase marijuana at various licensed dispensaries. There are approximately 10 dispensaries currently approved to sell marijuana in Massachusetts, but that number could soon increase because nearly 100 additional dispensaries are close to final approval.

Use by Employees

The Massachusetts medical-marijuana statute explains that employers do not have to allow on-site medical marijuana usage, but does not address off-site use. So can employers take action against employees for their off-site medical-marijuana use? This has been litigated in Massachusetts and other states. Most courts, including a Massachusetts Superior Court, have confirmed that employers can reject applicants and terminate employees who fail drug tests due to medical-marijuana usage.

The common rationale is that marijuana remains illegal under federal law, so employers can refuse to accommodate illegal activity. However, that rationale should be taken with a grain of salt.

Last month, the Massachusetts Supreme Judicial Court heard oral arguments in a case about the rights of employees who use medical marijuana off-site. The plaintiff in that case was disabled and using medical marijuana for her condition. She was rejected for employment after failing a drug test. She claimed this was disability discrimination because medical marijuana did not impact her ability to do the job.

The court’s decision, which should be issued in the coming months, could change the rights of employers relative to medical-marijuana users. Employers should monitor the status of this case carefully.

What about Use of Prescription Drugs?

If an employer suspects an employee is taking a prescribed opioid — or any other medication that could compromise their ability to perform their duties — can the employer ask the employee about it? As a general rule, the answer is no.

Asking an employee about their prescription medications is a ‘disability-related’ inquiry that could run afoul of the Americans with Disabilities Act (ADA), which prohibits employers from asking disability-related questions unless there is good reason to believe the employee cannot effectively or safely do the job. This might include a visual observation or reliable information from a credible co-worker about safety concerns.

Even if an employer has a valid reason to believe the employee is unfit because of prescription-drug use, termination of employment is not the next step. Employers have an obligation to engage employees in an interactive dialogue to determine whether it can accommodate their medication use.

This might involve offering a temporary ‘light-duty’ assignment until the employee is off the medication, or giving a job-protected leave of absence until the employee is fit to return. Terminating an employee without engaging in this interactive dialogue could trigger costly damages under the ADA. Employers concerned about an employee’s prescription-drug use should consult with an employment attorney before taking action.

What If an Employee Is Acting Oddly?

Employers may also encounter a situation where an employee is acting oddly, and the employer suspects that drugs might be involved. Can an employer ask the employee to take a drug test?

Generally, it is acceptable to ask employees to take a drug test when the employer has an objective, reasonable suspicion that drugs are involved. To ensure legal compliance, employers should have a drug-testing policy and provide training to all frontline managers about how to spot drug use. Employers should consult with employment counsel when establishing and enforcing any reasonable-suspicion drug testing program or policy.

Bottom Line

Medical-marijuana laws and employee prescription-drug use put businesses in a tough position. Employers attempting to protect the safety of their workers and others could inadvertently violate an employee’s rights under the ADA. But if an employer merely ignores the problem, they could face financial consequences stemming from an employee’s use of illegal or prescription drugs.

So what should an employer do? The single best thing an employer can do to prevent exposing themselves to legal risk is to consult with an attorney before taking any action. Doing so will only take a few minutes in the short term, but could save the business tons of time and money in the long run.

John Gannon is an attorney with Skoler, Abbott & Presser, P.C.

Departments People on the Move
Tim Ashe

Tim Ashe

Robert Fazzi, founder and managing partner of Fazzi Associates, has announced that Tim Ashe has been promoted to Chief Operating Officer and is now responsible for the firm’s day-to-day leadership. Ashe joined Fazzi in 2006 and became a partner in 2007. Since that time, he has led the firm’s Operational Consulting division to provide organizational, operational, turnaround, and change-management services to home-care and hospice agencies across the country. Under his leadership, Fazzi has helped hundreds of agencies improve outcomes and profitability through best practices in organizational structure, clinical and operational processes, and new models for staffing, supervision, and care management. More recently, Ashe also assumed responsibility for the company’s Outsourced Billing, Finance, and Information Technology divisions. A long-time leader in the field of home care and hospice, Ashe’s career has included a blend of clinical, operational, fiscal, and academic roles. He is a frequent presenter at national and state conferences and is often asked to contribute to industry forums. He is also the co-director of the 2016-17 National Home Care and Hospice State of the Industry Study. Fazzi will continue as the firm’s managing partner. But in transferring the leadership of the firm’s daily operations to Ashe, he will devote more time to the company’s future investments as well as to national and international community-based care issues that are close to his heart. “I want to say, at this milestone in Fazzi’s history, that I am extremely proud of what we have accomplished and contributed to our industry thus far, and I’m also incredibly excited about what the future holds,” Fazzi said. “Tim is an incredible leader. I am looking forward to working closely with him as we expand our national and international efforts.”

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Regina Alexander

Regina Alexander

Spiros Hatiras, President and CEO of Holyoke Medical Center (HMC) and Valley Health Systems, announced the appointment of Regina Alexander as Director of Health Information Management at Holyoke Medical Center. An accomplished revenue-cycle and healthcare-operations leader, Alexander previously served as associate director of Health Information Management at Yale New Haven Health System in New Haven, Conn., as manager of Health Information at Rutland Regional Medical Center in Rutland, Vt., and most recently as senior product manager of Medicare Advantage for Harvard Pilgrim Health Care in Wellesley Hills. “Now that I’ve settled into my role here as director, I can take the experience of working both in a large tertiary facility along with running an operation of a similar size to HMC [at Rutland] and apply lessons learned — successful and less-successful approaches — to come up with the approach that will work best for the resources we have and the scale that we are,” she said. “Knowing what’s possible equips me to think creatively and come up with the best solutions.” Alexander is a board-certified fellow in healthcare management through the American College of Healthcare Executives, holds a master’s of business administration in healthcare from George Washington University, and a bachelor’s degree in health administration and long-term care from the University of Phoenix. With an affinity for science from a young age, Alexander began her career as a laboratory technician in her native Baltimore. She then served as phlebotomy supervisor at George Washington University and as laboratory technician at Southwestern Vermont Medical Center in Bennington. “Having a clinical background enables me to speak the language of patient care and continuity of care that is so valuable when working directly with physicians, even if what we’re talking about is revenue-related,” said Alexander, who is looking forward to managing her three areas of expertise: medical coding, HIM operations, and clinical documentation improvements. She also serves as the HIPAA privacy officer for HMC.

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Pamela Sanborn

Pamela Sanborn

James Kelly, president of Polish National Credit Union, announced that Pamela Sanborn has joined the credit union as Assistant Manager of the Westfield branch. Sanborn has almost 20 years of financial-services experience, most recently as retirement service specialist with Westfield Bank. She has also held branch officer positions with Berkshire Bank, Legacy Banks, and the Bank of Western Massachusetts. She holds N.M.L.S. certification, studied at Saint John’s School of Business, and completed training with the Center for Financial Training and Massachusetts Mortgage Bankers. During her professional career, Sanborn has been the recipient of Employee of the Month and President’s Club awards. She has also received recognition for outstanding customer service. Active in charitable and civic causes, Sanborn is a volunteer and team captain for the American Cancer Society’s Relay for Life and a volunteer with Aplastic Anemia and PNH support and awareness initiatives. She also devotes time to the Westfield Food Pantry Community Garden. Her other involvements include the Chamber of Commerce and Rebuilding Springfield. “Pamela is an outstanding addition to our Westfield team,” said Kelly. “Her strong financial-services background, leadership skills, and focus on exceptional customer service are all desirable qualities that will transfer well to her new position with Polish National Credit Union.”

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Amelia Holstrom

Amelia Holstrom

Skoler, Abbott & Presser, P.C. announced that attorney Amelia Holstrom will be honored as one of the Massachusetts Lawyer’s Weekly “Up & Coming Lawyers” at its Excellence in the Law event at the Marriott Long Wharf Hotel in Boston on April 27. The publication describes Up & Coming Lawyers as “rising stars of the legal community — Massachusetts attorneys who have been members of the bar for 10 years or less, but who have already distinguished themselves despite their relatively junior status.” Holstrom joined Skoler, Abbott & Presser in 2012 after serving as a judicial law clerk to the judges of the Connecticut Superior Court, where she assisted with complex matters at all stages of litigation. Her practice focuses on labor law and employment litigation. “I am truly humbled to be recognized as one of this year’s Up & Coming Lawyers among so many talented attorneys,” she said. Since joining the firm, Holstrom has assisted clients in remaining union-free; represented clients at arbitrations; and defended employers against claims of discrimination, retaliation, harassment, and wrongful-termination claims, as well as actions arising under the Family Medical Leave Act and wage-and-hour law. Additionally, she frequently provides counsel to management regarding litigation-avoidance strategies. In addition to her legal résumé, Holstrom is active in the local community. She is an ad hoc member of the personnel committee for the Food Bank of Western Massachusetts, a member of the board and executive committee for the Girl Scouts of Central and Western Massachusetts, and a member of the board for Clinical & Support Options Inc. Additionally, she formerly served as clerk on the board of Friends of the Homeless. Holstrom is a 2011 graduate of Western New England University School of Law, where she was the managing editor of the Western New England Law Review. In 2015, she was named one of BusinessWest’s 40 Under Forty honorees, and in 2016, she received the Massachusetts Bar Assoc. Community Service Award.

Agenda Departments

Economic Outlook Luncheon

April 20: The stock market is up, and soon, so might be interest rates. The Trump administration wants to make historic budget cuts, and unemployment rates are at historic lows. While these are much better than the worst of times for local businesses, are they going to turn into the best of times? Business leaders, who do not like uncertainty, will get some insights into the economic future at the PeoplesBank Economic Outlook, a free luncheon featuring James Hartley, professor of Economics at Mount Holyoke College. The luncheon will take place from noon to 1:30 p.m. at Willits-Hallowell Conference Center, Mount Holyoke College, 50 College St., South Hadley. It is open to the public, but space is limited, and registration is required. “The economy is improving, and business owners want to know where it is going,” said David Thibault, first vice president, Cash Management at PeoplesBank, who will introduce Hartley. “At this luncheon, we hope to give them some of the data necessary to help with business planning for this year and next.” Registration information can be found at bit.ly/pb-register.

Planned-giving Seminar

April 20: Berkshire Taconic Community Foundation and the Nonprofit Center of the Berkshires invite nonprofit executive directors, development staff, and board members to attend “Planned Giving Basics: What Every Nonprofit Should Know.” Led by planned-giving consultant Ellen Estes of Estes Associates and attorney Virginia Stanton Smith of Smith Green & Gold, LLP, the workshop will be held from 1 to 4 p.m. at Saint James Place, 352 Main St., Great Barrington, Mass. This training will explore the various elements of planned giving, including how to launch a planned-giving program, identify prospects for planned giving, discuss giving options, and build personal relationships with donors and prospects. This event is part of Berkshire Taconic’s popular annual “Seminars in Nonprofit Excellence” series. Tickets cost $40 per person, and light food and beverages will be provided. To register, visit www.berkshiretaconic.org/pgbasics.

Trump’s First 100 Days

April 21: Glenmeadow will present a panel of political analysts who will lead a discussion about President Trump’s actions in office thus far. The event will take place from 10 a.m. to noon at Sleith Hall’s Wood Auditorium at Western New England University, 1215 Wilbraham Road, Springfield. The election of Trump as the 45th president of the U.S. polarized the country. In Glenmeadow’s program, called “The First 100 Days: Governing Across the Great Divide,” the panel will look at Trump’s first 100 days in office and discuss his performance on topics including domestic and foreign policy, healthcare, immigration, polling, and media coverage. Political analyst Bill Scher, a contributing editor to Politico and the founder of the blog liberaloasis.com, will serve as moderator. Other panelists will include Tim Vercellotti, professor of Political Science at Western New England University and director of the New England Polling Institute; political consultant Tony Cignoli; Ron Chimelis, a columnist for the Republican; and Marie Angelides, an immigration attorney with her own firm and chair of the Longmeadow Select Board. The program is free, but seating is limited, and registration is required. To register, call (413) 567-7800 or e-mail [email protected]. Visit glenmeadow.org/learning for more information. Glenmeadow Learning is one of many free programs Glenmeadow offers to members of the wider community. These programs represent one facet of the life-plan community’s mission to serve seniors across the region and to operate as a socially accountable organization.

Real-estate Sales Licensing Course

May 1: Beginning Monday, May 1, the Realtor Assoc. of Pioneer Valley will sponsor a 40-hour, 14-class sales licensing course to help individuals prepare for the Massachusetts real-estate salesperson license exam. The course will be completed on June 1. Tuition is $359 and includes the book and materials. The course curriculum includes property rights, ownership, condos, land use, contracts, deeds, financing, mortgages, real-estate brokerage, appraisal, fair housing, consumer protection, Massachusetts license law, and more. Classes meet Monday, Wednesday, and Thursday evenings from 6 to 9 p.m. at the association office, 221 Industry Ave., Springfield. For an application, contact Joanne Leblond at (413) 785-1328 or [email protected], or visit www.rapv.com.

Forum for Stroke Survivors, Caregivers

May 3: May is National Stroke Awareness Month, and the American Stroke Assoc., a division of the American Heart Assoc., will once again host a forum open to stroke survivors and their caregivers. The 2017 Pioneer Valley Stroke Survivors and Caregivers Forum, “The Future Belongs to Those Who Dream,” will take place at the Log Cabin in Holyoke. Close to 300 people are expected to attend the event, which is designed to bring together stroke survivors and caregivers so they may become better connected with the network of resources available. The event will run from 9 a.m. to 2 p.m., and the day will include exhibitors, local healthcare providers, and stroke survivors who will educate and share information. The forum will once again be hosted by Boston comedian and American Stroke Assoc. supporter Chris Tabb, whose family has been personally touched by stroke. The Pioneer Valley Stroke Forum is open to the public, and admission is $5, which will include a light breakfast and heart-healthy lunch. For tickets, call the American Heart Assoc. local office at (203) 303-3373.

‘Big Data … Your Strategic Advantage’

May 10: As part of the ongoing BusinessWest and HCN Lecture Series, Comcast Business will host an informative program titled “Big Data … Your Strategic Advantage.” The event is part of a series of lectures, panel discussions, and presentations that address timely and important business information. This is an opportunity to meet industry leaders and network with area business professionals. “Big Data … Your Strategic Advantage” will be presented by Dennis Perlot, vice President, Enterprise Architecture at CleanSlate Centers, and former ‘technology evangelist’ at Microsoft and BI specialist master at Deloitte. It will take place at La Quinta Inn & Suites, 100 Congress St., Springfield. Perlot will address how other organizations are using their data to provide them with a competitive advantage. Attendees will learn how data can be analyzed for insights that lead to better decisions and strategic business moves. On-site parking is available. Registration is scheduled for 7:15 to 7:30 a.m., followed by breakfast and Perlot’s presentation from 7:30 to 9 p.m. RSVP by Tuesday, May 2 at businesswest.com/lecture-series.

Run for River Valley

May 20: River Valley Counseling Center (RVCC), an affiliate of Holyoke Medical Center and member of Valley Health Systems, will hold its sixth annual Run for River Valley fund-raiser on Saturday, May 20. Funds raised will support RVCC in providing critical behavioral-health and other supportive services to individuals, families, and groups throughout the Pioneer Valley. The 5K run and 1.5-mile walk will take place at Ashley Reservoir in Holyoke. Registration starts at 8 a.m. at Elks Lodge 902, 250 Whitney Ave., and the race begins at 9:30 a.m. An awards ceremony will be held at the Elks Lodge following the race. The registration fee is $25 ($10 for children 12 and under). Adults who pre-register will save $5, and the first 100 registrants will receive a free race T-shirt. To register online, visit accuspec-racing.com or download a registration form at rvcc-inc.org. The deadline for mail-in registration is Saturday, May 13, with online registration accepted until Wednesday, May 17. Sponsors of the 2017 Run for River Valley include PeoplesBank, Palmer Paving Corp., Holyoke Gas and Electric, Hamel’s Catering, Laurel Pure, and Gallagher Real Estate. For additional information, visit www.rvcc-inc.org or contact Angela Callahan at (413) 841-3546 or [email protected].

40 Under Forty

June 22: The 11th annual 40 Under Forty award program, staged by BusinessWest, will be held at the Log Cabin Banquet & Meeting House in Holyoke, honoring 40 of the region’s rising stars under 40 years old. An independent panel of judges has chosen the winners, and their stories are told in the pages of this issue. The event is sponsored by Northwestern Mutual (presenting sponsor), PeoplesBank (presenting sponsor), Moriarty & Primack, Health New England, the Gaudreau Group, the Isenberg School of Management at UMass Amherst, Six-Point Creative Works, Renew.Calm, and the Young Professional Society of Greater Springfield. Tickets cost $75. A limited number of tables are available, and some individual and standing-room-only tickets are also available, but are expected to sell out quickly. To purchase tickets, call (413) 781-8600 or go HERE.