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HomeMy WebLinkAboutSELECTMENexecutive minutes10292007-20090908145916 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 ~&?Uk 2; 2tJ~'f' Date of Approval Kerm ~-t-~ ~&?Uk 2; 2tJtJ'f' Date of Release Board of Selectmen Minutes of October 29, 2007 2