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.
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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:
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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