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HomeMy WebLinkAboutBOS EXEC. MINUTES 6-21-1993`„ OFIVED 95 JUG! 22 Ail 7: 59 MINUTES OF EXECUTIVkrlStlS" Monday, June �2.&�Sffl-�JSE(TS Present: Chairman Joseph Pasquale, Selectman Amos Robinson, Selectman Ralph Penney, Selectman Douglas Ronald, Selectman Dianne Royle, and Town Manager William F. Williams. Chairman Joseph Pasquale expressed disappointment that the Town was not notified by the Attorney General's Office that Chief of Police Jesse Earls' indictment was handed down this day. A press release that was widely distributed to the media without prior notification to the Town. The Town Manager's Office received a fax copy of the press release sent from the Attorney General's Office as received by WBZ TV. This was our first notice of the indictment. Chairman Pasquale stated that the purpose of the emergency meet- ing was to listen to the Town Manager's advise on how to proceed relative to the Chief of Police's indictment. Town Manager Williams stated that the long investigation that had been underway for many months has come to a conclusion. In January of 1993, he had requested of Labor Counsel Michael C. Lehane his advice on removal procedures, indicating at that time that an indictment may be forthcoming. Mr. Lehane gave him three courses of action. (Excerpt from Labor Counsel Michael Lehane letter of January 28, 1993). 1. Civil Service Disciplinary /Removal Procedures: Inasmuch as the Mansfield Chief of Police is appointed pursuant to the provi- sions of Chapter 31 and inasmuch as the Town Manager is the Ap- pointing Authority for the Police Chief position, he could in- itiate procedure$ pursuant to Chapter 31, section 41 to suspend or remove the Chief of Police. Written notice of the charges, scheduling and holding of a hearing and issuing a written deci- sion would be necessary. This could be a troublesome course of action. Law enforcement officials may be reluctant or unwilling to make their evidence available for administrative disciplinary procedures since this may jeopardize the succea 4ful criminal prosecution. It is pos- sible to conduct an independent investigation, but this can be both difficult and time - consuming. 2. Unpaid Leave of Absence: If the Chief 9f Police requests it, or if the Town Manageg thinks it is appvppriate, the Chief could take an indefinite ;.uppaid leave of abs @nce; pending the outcome of the criminal ob gecution. If this course of action is June 21, 1993 Page 2 chosen, the leave of absence is granted without prejudice to the Town Managers right to end it at any time and /or to initiate ad- ministrative disciplinary proceedings either during or after the criminal proceedings and regardless of their outcome. 3. Suspension under Chapter 268A, Section 25: A municipal of- ficer or employee who is under indictment for misconduct in of- fice may be summarily suspended by the Town Manager without even the necessity of a prior hearing. Written notice of such suspen- sion must be given in hand to the person suspended or sent by registered mail to him or her. A copy of the letter must be filed with the Town Clerk. No compensation or salary shall be paid, nor shall the suspension be counted in computing sick leave, vacation benefits, seniority rights, or retirement rights unless the criminal proceedings are terminated without a finding or verdict of guilty. The employee is entitled to be restored to his prior employment and to be made whole for all lost compensation, sick leave, vacation, seniority and retirement rights. Any person under such suspension may not retire during such suspension or receive pension or retirement benefits. The major drawback to this approach may well be that many criminal prosecutions are terminated without a finding or verdict of guilty, but such a result is not always equivalent to exonera- tion of the charges. End of Excerpt Following the Town Managers review of the three options listed above, he stated that he has decided to suspend the Chief effec- tive immediately. This suspension includes no compensation. He does this without any hesitation or doubt. Perhaps if the charges were not so severe, he could have considered another course of action. Under the circumstances, he feels this is the only choice to make. The Town Manager is invoking this suspension under Massachusetts General Laws Chapter 268A, Section 25. The suspension will take effect immediately. Chairman Pasquale asked each member of the Board to express their opinion. A general discussion by the members of the Board ensued. General consensus was in support of the Town Managers decision to suspend the Chief. June 21, 1993 Page 3 Discussion of a vote of support for the Town Manager's decision to suspend followed. Chairman Pasquale states that the purpose of the meeting in ex- ecutive session tonight was for the Town Manager to advise the Board of Selectmen that he has decided to suspend Chief Earls without pay based upon the indictment handed down today by the Attorney General's office under M.G.L., Chapter 268A, Section 25. The next step would be to call for a motion of support for the Town Manager. The next item under discussion was who will be appointed Acting Chief. Town Manager Williams now feels there is the opportunity to appoint an individual who would eventually be taking over the new Lieutenant's position. He will be appointing Arthur O'Neill as Acting Chief. Motion made by Amos Robinson and seconded by Dianne Royle to return to Open Session to make prepared statement. Returned to Open Session. MINUTES APPROVE : erl 416U,15—,93 Date signed -a tyea