HomeMy WebLinkAboutSELECTMENminutes04302008-20090909142837
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Town of Mansfield
Board of Selectmen
Minutes of April 30, 2008
Present:
Chairman Louis Amoruso, Vice Chairman Sandra Levine, Clerk Ann Baldwin,
Selectman David McCarter. John D'Agostino, Town Manager, Police Chief
Arthur O'Neill and Town Counsel Robert Mangiaratti are also present
The Board of Selectmen's meeting was called to order at 7:00pm
Motion: To convene to Executive Session to discuss public personnel. (Baldwin/Levine) 4:0
passes. Roll call vote to go into Executive Session: Chairman Amoruso aye, Vice Chairman
Levine aye, Selectman McCarter aye, Selectman Baldwin aye.
Robbery of N. Easton Savin9s Bank
On Thursday, April 24,2008 at 16:53 hrs. the N. Easton Savings Bank on Copeland Ave was
robbed. One suspect is in custody and one is deceased.
Suspects were stopped in traffic on School Street when officers arrived at the scene.
The (now deceased) driver exited the vehicle and responded in a threatening manner.
The officers fired and hit the suspect twice. The officers then ceased fire as this
altercation was across the street from a daycare center. However the suspect continued
to advance and the officers again fired three more times killing the suspect. Three
different officers shot the suspect during this time.
Three officers and two dispatchers where put on administrative leave after the event was
over and all but one officer has returned to work. Both State and Federal investigators
were present and conducted their business as well. The police officers involved in the
shooting have been found to have acted appropriately. All further inquires should be
referred to Chief O'Neill or Sam Sutter at the District Attorney's Office.
Indemnification discussion
Town Manager D'Agostino left the room for this part of the discussion.
The question on the table is: Does the indemnification clause in the Town Managers
contract cover him if he is found liable for the $500k judgment issued in the Stoyle case?
Pleadings are as follows:
Board of Selectmen Minutes of April 30, 2008
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· Violation of civil rights (in pleadings but not in judgment)
· Violation of anti discrimination statues
. Whistle blower statue
Ways of indemnification:
· Through contract with the exception of criminal act or moral turpitude.
· Chapter 258 Section 9 of MA General Laws
· Pinshaw case study (SJC case)
Chapter 258, Section 13 has been adopted in Mansfield. It reads "the municipality shall
indemnify public officials when in the scope of their duties." Except for criminal
violations.
Mr. D'Agostino's contract says indemnification for everything in his scope of service,
however the contract can not conflict with the general laws.
Atty. Mangiaratti can compose a memo that states a case for/against the town managers
indemnification for the new board to review.
Motion: To have Atty. Mangiaratti draft memo for board to review. (Levine/Baldwin) 4:0
passes. Roll call vote: Chairman Amoruso aye, Vice Chairman Levine aye, Selectman
McCarter aye, Selectman Baldwin aye.
Motion: Adjourn board of Selectmen meeting. (Levine/Baldwin) 4:0 passes
Roll call vote: Chairman Amoruso aye, Vice Chairman Levine aye, Selectman McCarter aye,
Selectman Baldwin aye.
Chairman McCarter opened the Light Commissioners meeting at 1O:40pm
Motion: Have Atty. Mangiaratti offer settlement of Stoyle case in the amount of $850k
Releasing the town manager, selectmen, board of electric light commissioners and town
from damages. This offer expires next Wednesday, May 7, 2008. (Amoruso/Baldwin) 4:0
passes. Roll call vote: Amoruso aye, Levine aye, Selectman McCarter aye, Selectman
Baldwin aye
Motion: Amend offer up to $900k. (Levine/Baldwin) 4:0 passes. Roll call vote: Amoruso
aye, Levine aye, Selectman McCarter aye, Selectman Baldwin aye
Motion: To adjourn electric light meeting at 1O:46pm (Levine/Baldwin) 4:0 passes. Roll call
vote: Amoruso aye, Levine aye, Selectman McCarter aye, Selectman Baldwin aye
Motion: Resume open session of Board of Selectmen. (Levine/Baldwin) 4:0 passes. Roll call
vote: Amoruso aye, Levine aye, Selectman McCarter aye, Selectman Baldwin aye
Board of Selectmen Minutes of April 30, 2008
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Motion: Adjourn Board of Selectmen meeting 1O:47pm. (Levine/Baldwin) 4:0 passes.
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Signature of Clerk
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Date of Approval
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Date of Release
Board of Selectmen Minutes of April 30, 2008
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