HomeMy WebLinkAboutBOS EXEC. MINUTES 9-30-19921vF �1tU�J
BOARD OF SELECTMEN -
MINUTES OF EXECUTIVE SESSION
SEPTEMBER 30, 1992 05
PRESENT: Chairman Tartufo; Selectmen P}}sl as el d?� i Robinson, Colella;
Tom Manager, Bill Williamsi;Tgwlli�>e1'obert Mangiaratti
The meeting was called to order at 7:10 P.M. and members were immediately
polled to go into Executive Session to investigate statement of misconduct
and
Selectman Colella, in reviewing the Executive Session Minutes of September
16, 1992, questioned whether the secretary was to be present at the second
meeting. He said he called her himself and understood she was waiting to be
called to appear before the Board. Selectman Colella wanted to receive a copy
of the Town Manager report of his interview with Sandy Jackson. There was
discussion as to whether Sandy understood she could come before the Board if
she was uncomfortable talking with the Town Manager; she did.
* MOTION: To approve the Minutes of September 16, 1992, as amended.
Robinson /Pasquale VOTED: 5 -0
Bill Williams gave each Board member a copy of his report, but clarified some
points first and thanked Town Counsel for coming in tonight. Bill read his
confidential report of the Police Dept. matter; then read his report on dis-
cussion with Sandy Jackson, noting that his secretary, Eileen Ouellette, was
present and took notes. Bill said he held a casual conversation with Lt.
George Figueredo and the discussion was less than beneficial and non - committal
to either party. He then determined the matter could not be handled by him-
self. He forwarded everything to the District Attorney, Mr. Walsh, then wrote
a letter. Bill received an answer this morning from the Attorney General's
office which he read; it advised that prior to Bill's letter, the matter had
already been referred to the District Attorney, and recommended Bill contact
Sgt. Friend, which he did. Sgt. Friend and Trooper Tryon came to Town Hall
this afternoon. They went over the evidence and interviewed a representative
of Peat Marwick. They will be interviewing individuals of the Town which will
take at least ten days. They called Bill at 4:00 P.M. asking for more infor-
mation, i.e. document money /financial details. Bill said he feels they are
very responsible in what they are doing. He believes Sandy Jackson has already
been interviewed by the State Police.
Selectman Colella told Bill he had the impression that he was dragging his
feet, because the Board members have not received any report.
Bill said Sgt. Friend advised him to advise Chief Earls that an investigation
is being made. Allegations are well beyond the scope of a criminal investi-
gation. Town Counsel said the nature of a criminal investigation is beyond
the scope of an administration's jurisdiction.
Bill said the auditors are going to come up with an increased control system.
Selectman Robinson said he feels a log on each vehicle should be in each
vehicle. Town Counsel cautioned be very careful as to what is said in public;
Bill is concerned about reputation of those involved.
1
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
SEPTEMBER 30, 1992
PAGE 2
Chairman Tartufo asked for comments from the:Board:
Selectman Penney asked Town Counsel if he is comfortable with what is going
on here. Bob said the whole discussion has run its full course with the
notice to the individual. He said he is comfortable with it being with the
District Attorney's office. Bill had consulted with Labor Counsel, Michael
Lehane; referring it to Civil Service would come at Labor Counsel's recom-
mendation and the Town Manager's decision.
Chairman Tartufo asked about calling Chief Earls in to meet with the Board.
Bob said all the Town *can do is to discipline him (suspend). Because he is
a Civil Service employee, all the Board can do is to have the Town Manager
investigate. *Town Manager
Selectman Penney asked about leaks; Bob's advice was to follow the lead of the
State Police, otherwise sit back and wait. Selectman Penney asked if every-
one in the room is willing to keep all information confidentialt* Certain alle-
gations concerning the Police Department have been brought to his attention.
Town Counsel suggested: Allegations have been brought to the attention of the
Selectmen and the Town Manager concerning alleged misconduct by a public
official. The Town Manager has conferred with the Selectmen and referred
the matter to the District Attorney and it is now under investigation of the
Attorney General's office and the office of the Attorney General's Criminal
Bureau. On advice of Town Counsel nothing can be discussed. * *They were
* MOTION: That the Board of Selectmen direct the Town Manager to make a public
statement that allegations of criminal misconduct have been referred
to the District Attorney and are being investigated by the Office
of the Attorney General's Criminal Bureau. The Selectmen and Town
Manager have also agreed not to make any further public statements
to anyone.( *)
Penney /Pasquale VOTED: 5 -0
{ *) Later revised by Town Counsel and published as:
The Board of Selectmen direct the Town Manager to make a public
statement that allegations of criminal misconduct against a
Town employee have been discussed with the Selectmen and re-
ferred to the District Attorney. The matter is now being
investigated by the Criminal Bureau of the Attorney General's
office. The Selectmen and Town Manager have also agreed not to
make any further public statement regarding this matter.
Selectman Penney asked can the Tom Manager relieve anyone of further duty
until the issue is settled. Bob said some confirmation is needed first; this
is beyond the scope of employee relations. Selectmen Penney said Sandy Jack-
son is alarmed for her safety, advising he had spoken to hpr today. He asked
what can be done to ensure her safety, and can Bill confirm if she has spoken
to Sgt. Friend. Chairman Tartufo asked Bill to advise Sgt. Friend of Sandy
Jackson's concern for her employment or personal safety. Bill said he felt
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
SEPTEMBER 30, 1992
PAGE 3
it was disturbing to learn that anyone had talked personally with Sandy
Jackson. Selectman Penney said he felt nothing was being done, there should
have been more communication.
Selectman Penney asked if the accident of the D.A.R.E. van was made any part
of this investigation. He thinks it should be. Bill said 'No', he feels there
was no impropriety done. Bill was asked to include it in the investigation.
Town Counsel pointed out this is an employee misconduct rather than a criminal
misconduct. Chairman Tartufo said he feels there needs to be some tightening
up of some policy concerning vehicles.
Selectman Colella asked, 'Can the Board direct the Town Manager to suspend the
Police Chief, with pay, until the investigation is over. Town Counsel did not
believe so and quoted from both the Town Charter and Civil Service law. It
cannot be done tonight; it must be done in Executive Session with the Police
Chief present. Consensus of the Board was for the Town Manager to wait for
results and /or recommendation of the investigation. Town Counsel explained
there is an allegation, now an investigation; if "probable cause" is found it
would go to a grand jury and indictment, and that would be the time for the
Town Manager to consider suspension. Selectmen Penney asked for a weekly report
from the Tosco Manager.
Selectman Pasquale said the case distresses him mainly because of Sandy
Jackson's safety. He suggested Bill talk to Sgt. Friend, and recommended that
all Board members stay out of the investigation. He went on to say he was
very distressed that Selectman Penney talked to Sandy Jackson, then suggested
Board members go to the Chairman with any concerns. He would like some kind
of a policy to stop investigating on their own. He is concerned about Sandy
Jackson talking to Paul ditty and this should be addressed later. Town Counsel
suggested discussing communication in open session.
Chairman Tartufo commented on discussion as to how and when something should
be done, comments about how many members of the Board are doing anything. He
said he feels all five are doing something, and he always makes an attempt to
discuss with the other Board members RbiDmt what is going on. He addressed
the issue of whether Board members like his way of handling the Chairman
position;.then_ended by saying he feels comfortable with what the outcome
will be.
The Executive Session adjourned to go into a Workshop at 9:30 P.M.
MINUTES APPROVED: AV)A!�� 1 6/�
Clerk Date signed {-