Loading...
HomeMy WebLinkAboutBOS EXEC. MINUTES 9-1-1993r7r F, IVL 95 JUN 22 AN 7: 59 Board of Sel�c tmen! � Executive, e 04 %SETTS Minalzik, a September 1, 1993 PRESENT: Chairman Pasquale, Clerk Ronald SELECTMEN: Penney, Robinson, Royle William F. Williams, Town Manager Robert Mangiaratti, Town Counsel Mike Lehane, Labor Counsel The executive session was called to order at 7:00 P.M. 1. The first issue discussed during executive session was the suspension of Police Chief Jesse Earls, more specifically, the Police Chief Jesse Earls has filed a countersuit against the Town for nonpayment of wages during his suspension. Should a verdict other than guilty be rendered in this case, the Police Chief will be entitled to back payment of wages. Also discussed by the Board with regard to this issue was due process, personal liability of Board members, the open meeting law, civil service proceedings, and policy for approval of execu- tive session minutes. MOTION: To direct the Town Manager to retain the services of labor counsel to investigate if sufficient evidence ex- ists to convene civil service proceedings against Police Chief Jesse Earls. (Penney - Royle) All in favor. PASSES. Clerk Ronald - Aye. Selectman Royle - Aye. Chairman Pasquale - Aye. Selectman Penney - Aye. Selectman Robinson - Aye. After discussion of the above motion, which passed, Chairman Pasquale polled the Board members to see if they would like to reconsider their vote. Results of the poll were as follows: Clerk Ronald - No. Selectman Royle - Yes. Selectmen Penney - No. Selectman Robinson - No. Chairman Pasquale - No. Chairman Pasquale took a second poll of the Board as to whether or not to issue a statement regarding the investigation or if they should labor counsel handle the entire issue. Results of the poll were as follows: Clerk Ronald - Labor counsel to handle the issue. Selectman Royle - Labor counsel to handle the issue. Selectman Penney - Labor counsel to handle the issue. 11 Board of Selectmen Executive Session Minutes September 1, 1993 Page 2 of 3 Selectman Robinson - Labor counsel to handle the issue. Chairman Pasquale - Labor counsel to handle the issue. Labor Counsel Mike Lehane left the meeting at this time. 2. Cassassa Case - Claim against the Town During this portion of executive session, Town Counsel updated the Board on actions which have been taken and correspondence received relative to the Cassassa case. Also, at this time, the Board discussed the Town's insurance coverage, the maximum amount of money the Town could be liable for, and the location of the files pertaining to the case. Clerk Ronald left the meeting at this time. 3. Great Woods - Bette Midler Concert During this portion of executive session, Chairman Pasquale informed the Board of Selectmen of a letter he received from Bruce Montgomery of the Great Woods Center for the Performing Arts regarding an upcoming performance by Bette Midler at the Great Woods Center for the Performing Arts. The Board discussed the performance, its compliance with Chapter 140 Section 183A of the Mass General Laws, if there is a need for additional police officers within the center for this performance, and posting a sign within the center stating that portions of the performance may be of a mature nature. During this discussion, it was suggested that the letter received by Chairman Pasquale from Bruce Montgomery be placed in next weeks meeting's correspondence file. A consensus of the Board of Selectmen was also in favor of asking the Town Manager to tell Police Chief O'Neill that the Selectmen have requested additional police officers at the Bette Midler concert and to ask him how many additional officers he feels is needed. 4. Board of Assessors - Conflict of Interest During this last section of executive session, the Board of Selectmen, along with Town Counsel, discussed the procedure which should be followed when a conflict of interest is suspected by a member of the Board of Selectmen. The procedure suggested by Town Counsel is as follows: 2 i Board of Selectmen Executive Session Minutes September 1, 1993 Page 3 of 3 1. The Selectman should announce at an open meeting that he would like to bring to the attention of the Board in execu- tive session a concern that he has about a possible conflict of interest and that he would like the Town Manager to give the subject person the proper notification, at least forty - eight hours, of the meeting. 2. Following notification to the individual, at the time of going into executive session, the Selectmen should state that the reason for the session is to discuss reputation, character, mental health, etc. of a person. A consensus of the Board was to inform Mr. Paul Folkman that he will be discussed during an executive session and also let him know whether or not Town Counsel will be present. Bob Mangiaratti, Town Counsel, informed the Board of Selectmen that he has represented Paul Folkman on issues in the past. A consensus of the Board of Selectmen was that they did not have a problem with Attorney Mangiaratti representing the Town on this issue. Attorney Mangiaratti stated that he will also have to get Mr. Folkman's consent on this issue; both parties consent is re- quired. MOTION: To come out of executive session. (Ronald - Royle) All in favor. PASSES. Clerk Ronald - Aye. Selectman Royle - Aye. Chairman Pasquale - Aye. Selectman Penney - Aye. Selectman Robinson - Aye. 5. Adjournment - 10:20 P.M. Cle �"s Signature 3 Date of Approval