UPDATE: Fox, McMahon release joint statement in ‘hat-gate,’ agree to ‘swallow pride’

Select Board Chair Dan Fox and Board of Health member Tom McMahon met Wednesday about their dispute over whether town officials should wear hats while sitting at the Select Board table at Abbot Hall. Fox told the Current Wednesday night that the Board of Health may resume meeting at Abbot Hall. Fox and McMahon released the following statement:

“Marblehead ‘hat-gate’ is a situation that escalated much faster than anyone would have thought or wanted. There is no sugar coating the fact that the two parties involved, Tom McMahon and Dan Fox, have butted heads in the past on town issues where they don’t see eye to eye,” the statement reads. “There is also no denying that the two of them care deeply for this town and want what’s best for it. Tom McMahon acknowledges that there is a portion of town that could see wearing a hat during an official town meeting in the Spirit of 76 room at Abbot Hall as disrespectful. It was never his intent to show disrespect but more of a representation that he prefers to tackle serious issues in comfort. He will commit to not wearing one going forward.”

The statement continues: “Dan Fox acknowledges that the process of banning the Board of Health from conducting their meetings in the Select Board room was inappropriate and could have been handled better. He further acknowledges that similar situations need to be communicated and discussed among board members at a Select Board meeting.

“They therefore agree to swallow some pride, admit fault on both ends and agree to avoid any further disputes like this which are not productive to the town,” according to the statement. “Moving forward, they commit to working together in a professional and respectful manner because they both love this town and want what’s best for the community. Furthermore, they agree to work together on town issues that overlap each board’s authority and responsibility in order to find the best outcomes for Marblehead.”

Fox and McMahon met in-person Wednesday, along with Board of Health Chair Dr. Tom Massaro and Select Board member Rosanna Ferrante.

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The Board of Health has been barred from using the Select Board meeting room at Abbot Hall due to a spat over a hat.

Board of Health Chair Dr. Tom Massaro told the Current Wednesday morning that Select Board Chair Dan Fox several weeks ago requested that Board of Health members refrain from wearing hats while meeting at the Select Board table in Abbot Hall. The reason? To show respect for the history represented in the room.

Massaro said he relayed the request to board member Tom McMahon, who has frequently worn baseball caps to meetings. McMahon agreed and went without a cap for the next two meetings, Massaro said.

Contacted by the Current , McMahon had this response: “This is partially accurate. And to be clear I don’t think Dr. Massaro intentionally misrepresented the conversation. Dr. Massaro informed me that Dan Fox had ‘heard concerns’ about attire at meetings, including hats, people eating, etc… There was however no agreement that I would not wear a hat going forward. I said I was fine with him passing on the message. That’s all.”

McMahon also told the Current wearing the cap on Nov. 9 was “was unintentional. I dress business casual for work five days a week. When I get home, I quickly change to comfortable clothes to play with my kids, have dinner and do whatever else I have to do that night. Sometimes I wear a hat, sometimes I don’t. I like wearing hats so most times I’d say I do. All I did was go through my normal motions. So, there was no intentionality per se with regards to the meeting that night.”

McMahon said he has filed a formal request with Fox that “the decision be rescinded until a policy is made in public at a Select Board meeting. If said policy is created, then I will follow it.”

Massaro said he received another call from Fox on Nov. 10, informing him that the Board of Health could no longer use the Select Board meeting room because McMahon had worn a hat.

On Wednesday morning, Fox defended his decision to require board and committee members meeting at the Select Board table in Abbot Hall to remove their hats, citing respect for the history of the office.

“I’ve asked many people not to wear hats at that table, and they have complied,” Fox said. “The Board of Health was asked multiple times through their chair.”

Fox added, “They have so many other places they can meet — the library, upstairs at Mary Alley, Marblehead Light Department.”

The Current has been unable to find any bylaws or written rules pertaining to board or committee members and attire.

The Board of Health typically meets on the lower level of Mary Alley, which is currently under construction. The board has been meeting in the Select Board room for the past several weeks.

On his public Facebook page, McMahon criticized Fox, arguing that the Select Board chair lacks the authority to make such decisions unilaterally.

“That’s not how this works and it’s a dangerous precedent to set to give one person that much power,” McMahon wrote. “Boards discuss potential policy and then vote and majority rules. That’s how this is supposed to work. It’s over a ball cap this time, sure. But the door is now open.”

McMahon continued, “If there is a dress code, I’ll follow it. You can disagree with the way I dress, but I broke no laws nor violated any policies. I’ve also been doing this for 3.5 years with no apparent issue until now. Dan’s concern should have been over the serious conversation we were having at the table to improve health and save lives, not what board members wear.”

McMahon also questioned Fox’s motives.

“So why now? Was this a genuine concern? Or was this targeted retribution against another board member who has been openly critical of Dan Fox?”

McMahon has previously criticized Fox for not doing more to pressure Police Chief Dennis King to crack down on parents who allow underage drinking in their homes.

The dispute comes as the Board of Health is weighing how best to address underage drinking in Marblehead. At its Nov. 9 meeting — the same meeting at the center of the hat controversy — members discussed whether repealing the town’s social hosting bylaw could strengthen enforcement of state laws aimed at curbing underage drinking.

**This story was updated at 11:10 am with new comments from Tom McMahon.

UPDATE: Fox, McMahon release joint statement in ‘hat-gate,’ agree to ‘swallow pride’

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