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HomeMy WebLinkAboutBOS EXEC. MINUTES 3-26-1997Board of Selectmen Executive Session Minutes March 26 1997 RECEIVED CG SEP P 9 Pti I: 33 f ,U e r 41_li Present: Chairman Madan, Clerk Royle, Selectmen Colella, Mahana, obfrisdY�i SETTS Acting Town Manager Boucher Town Counsel Robert Mangiaratti Police Lt. Walter Crickard A. Sick Time Buy Back As requested by Chairman Madan, Attorney Mangiaratti reviewed a packet the Board of Selectmen received fi•om Lt. Crickard, dated March 12, 1997. In his packet, Lt. Crickard requests the Selectmen resolve the issue of his sick time buy back compensation. In 1993, 1994, and 1995, Police Chief O'Neill participated in the sick time buy back option. When Lt. Crickard was promoted to lieutenant in 1995, he was told that he would retain all his previous benefits, which included sick time buy back. The Town's current Personnel Policy does not include a sick time buy back provision. After reviewing the laws, Attorney Mangiaratti has concluded that it is his opinion, under the circumstances, that Lt. Crickard is entitled to the sick time buy back provision because it was part of his employment agreement. Because Lt. Crickard is a civil service employee, his compensation cannot be reduced without just cause. In order to reduce it, a hearing would have to be held. The provision would apply to all employees who were told they were entitled to it. The provision does not have to be offered to newly hired non -union employees. Newly promoted employees should be told that they are covered by the Personnel Policy and are not entitled to the sick time buy back provision. MOTION: So moved to grant the attendance incentive program to Walter Crickard and others similarly situated such as the Police and Fire Chiefs. ( Colella- Mahana) All in favor. PASSES. B. union Grievance Richard Boucher, Acting Town Manager, informed the Selectmen that he received a memorandum fi•om Supervisory Union Steward, Scott Leite, concerning pending grieved issues. Mr. Boucher stated he would not be able to participate in the resolution process because he too, in his capacity as Treasurer - Collector, is a union employee. Issues outlined in the memorandum are as follows: Three members of the negotiating team for the union, who did not receive merit increases as other members did, are contesting discrimination. The Board of Selectmen will have to determine the amount of raises that should be given the three employees, if any. Clerk Royle left the executive session for this discussion. • A memorandum of agreement between the former Town Manager, William Williams, and the Union Employees was reached concerning compensation, by way of additional vacation time, for prior years served in the same field of work. Management and the Union do not agree on interpretation of the formula. Acting Manager Boucher explained his interpretation of the formula used by Mr. Williams. If a present employee has two years of prior work experience in the same line of work, and presently has eight years of experience with the Town of Mansfield, that employee would be entitled to vacation time equal to ten years of employment with the Town of Mansfield. Members of the Board of Selectmen asked if an employee's previous employment would have to be with a municipality. A consensus of the Board of Selectmen was in favor of Town Counsel Mangiaratti acting as the Selectmen's liaison on the above issues and consulting with Labor Counsel, Mike Lehane. Clerk Royle returned to the executive session. C. Council on Aging /Library Roof Attorney Mangiaratti stated he communicated with the former Town Manager, William Williams, a number of times concerning leaks in the Council on Aging roof but he was never given authorization to proceed on the issue. The Selectmen voted to request Town Counsel proceed with the suit this evening in open session. D. Report by Town Counsel on Pending Litigation Town ofMansfreld vs. Zoning Board of Appeals Attorney Mangiaratti gave an update on this case concerning paving the Great Woods Parking Lot. The Town will be litigating this case. E. Authorization to Use Toran Counsel Clerk Mahana suggested a memorandum be issued reiterating the proper procedure to follow for the use of Town Counsel. Town Counsel took this opportunity to state that it disturbs him that he has not worked for the Mansfield Board of Health for five years. E Continued Report on Pending Litigation Town of Mansfield vs. Toim of Norton The Town of Norton has offered $250,000 to settle outstanding water bills due the Town of Mansfield. Town Counsel stated he is not recommending the Selectmen settle for this amount. Town Counsel has filed for discovery, for which he has not received a response. Once discovery is completed, Mansfield should be able to win the case possibly on summary judgment. Town Counsel asked the Board of Selectmen if they would like to negotiate a discount, such as $25 or $50,000 dollars in order to obtain the money sooner from Norton. A unanimous consensus of the Board of Selectmen was in favor of offering a $25,000 discount to Norton and requesting a lump sum payment. G. Miscellaneous • ReviervofCorrespondence Clerk Royle asked if three members reviewing correspondence behind closed doors would be cause for concern. Attorney Mangiaratti responded that it would not be as long as the correspondence is not discussed. • Union Contract Negotiations Acting Town Manager Boucher stated he will be working with Labor Counsel concerning a negotiating proposal for union contracts. Clerk Royle suggested the Unions be asked if they would like to extend their contract for one year until a permanent Town Manager is hired. Chairman Madan responded that he would not have a problem with that suggestion as long as a figure for raises is included in the proposal. Selectman Mahana stated he has some concerns with the Fire Contract. Before making a decision, the Selectmen will hear Labor Counsel's proposal. • Acting Toif,n Manager Compensation Chairman Madan stated the Acting Town Manager, Richard Boucher, has requested an additional $100 per week. Mr. Boucher stated the additional $100 will bring the amount of his compensation up to what he originally requested. At the time of his original request, he was not sure there would be enough money to cover his request, but there is. Mt•. Boucher also stated he has found that there is alot more work than he envisioned but that he would continue to do the work without the additional compensation. MOTION: That we increase the amount by $100. (Mahana - Royle) All in favor. PASSES. H. Adjournment 10:00 PM MOTION: To go out of executive session. (Colella - Mahana) Selectman Colella - Aye. Selectman Mahana - Aye. Clerk Royle - Aye. Selectman Robinson- Aye. Chairman Madan - Aye. F�(i / Cl`erk's Signature Date of Approval Date of Release