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Town of Mansfield
Board of Selectmen
Minutes of October 29, 2007
Present:
Chairman Louis Amoruso, Vice Chairman Sandra Levine, Clerk Ann Baldwin,
Selectman George Dentino, Selectman David McCarter.
John D'Agostino, Town Manager, Town Counsel Robert Mangiaratti and
Lenard Kesten are also present
The Board of Selectmen's meeting was called to order at 7:30pm
Motion: To convene to Executive Session to discuss pending litigation. (Baldwin/Levine)
5:0 passes. Roll call vote to go into Executive Session: Chairman Amoruso aye, Vice Chair
Levine aye, Selectman Dentino aye, Selectman Baldwin aye, Selectman McCarter aye.
John D'Agostino's contract as the Town Manager has an indemnification clause in it.
There are two choices in dealing with indemnification. Chapter 258, Section 13 of the MA
general laws. However the language of that section is not entirely clear. The board can
also look at indemnification as part of an employment contract. One of the only ways the
clause would not cover him was for "intentional torts".
Both the town and Ms. Stoyle have filed motions to change the ruling of Judge Woodlock
but he has yet to respond. Unfortunately there is not a time limit in which he must do this.
After the judge makes his final ruling any appeals must be heard in the first district
court. They can throw out the case, agree with the findings or disagree (which set you for
a Supreme Court hearing.)
The suit asked for the Mansfield Municipal Electric Department to pay $500,000. The
judge then issued findings that John D'Agostino would pay $500,000 and the MMED would
pay $50,000. No one is sure why as neither Ms. Stoyle's suit nor the jury decision called
for that.
Ms. Stoyle proposed a settlement that was good until tomorrow. The board could wait and
do nothing, respond to offer tomorrow or propose a new offer.
Motion: To offer Ms. Stoyle $500, 000 lump sum for a global settlement.
(McCarter/Levine) 5:0 passes Roll call vote: Chairman Amoruso aye, Vice Chair Levine aye,
Selectman McCarter aye, Selectman Dentino aye, Clerk Baldwin aye.
Board of Selectmen Minutes of October 29, 2007
Motion: To adjourn executive session at 9:40pm and return to open session.
(Baldwin/Levine) Roll call vote: Chairman Amoruso aye, Vice Chair Levine aye, Selectman
McCarter aye, Selectman Dentino aye, Clerk Baldwin aye.
Signature of Clerk
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Date of Approval
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Date of Release
Board of Selectmen Minutes of October 29, 2007
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