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HomeMy WebLinkAboutBOS MINUTES 10-4-1979BOARD OF SELECTI EN/LIGHT COMMISSIONERS A G E N D A October 4, 1979 7:30 p.m. ® Call to Order Decision on Karl Clemmey Hearing Appointment of Ad Hoc Committee BOARD OF SLLECTMEN/LIGHT COMMISSIONF,RS Minutes of the Meeting October li, 1979 Presents Selectmen Lyman C. Avery, Robert M. De Long, Antonino Caponigro, Jr. and Norman Mahana. Town Manager William P. Metropulos and Town Counsel Charles D. Mulcahy The meeting was called to order at 7 :30 p.m. Chairman Avery announced that the first item on the agenda was the Board's decision on the presentation of .facts over the past two meetings (a total of 8 ®1/2 hours of testimony) in the Karl Clemmey hearing, but before hearing any motion on this from the Board, he requested a recommendation from Torn Counsel. Torn Counsel Charles Mulcahy prefaced his recommendation by saying that he had become personally aware of the testimony and reviewed the appropriate General Law. He reminded the Board that the evidence must be of substantial nature, that the Board cannot act in an arbitrary manner, and the decision must be based on the facts presented at the hearing. Mr. Mulcahy then stated that, in his opinion, there was not sufficient evidence to remove Mr. Clemmey from the Board of Health. He further noted that any indictments should be against the Board of Health as a whole, and not Mr. Clemmey specifically. At this point Selectman DeLong moved that Karl Clemmey be removed from the Board of Health for three of the four charges against him, viz., (1) Violation of the Board of Health regulations relative to the Sanitary Landfill; (2) Violation of the Mansfield Zoning By -Law; (3) Disruptive behavior on the Board of Health. There was no second. Chairman Avery noted that prior to listening to the evidence presented, he had extreme doubt that Mr. Clemmey should remain on the Board of Health, because the facts presented to or obtained by the Board of Selectmen seemed to indicate some reason for the Board to charge for removal. However., after hearing all the testimony, which was contradictory in more than one instance, the Board has been put in a difficult position; since it appeared that someone was not telling the truth, the Board cannot make a judgement without proof. Therefore, he stated that he could not support Mr. Belong's motion and would accept another motion to the effect that the charges or causes listed be dismissed. He ex- pressed the hope that the Board of Health would operate on a more amicable basis in the future in the interest of good government. He also cautioned the Board of Health to include in their minutes a summary of the discussion preceding its votes. Selectman Caponigro commented that he too had found it difficult to come to a decision in reviewing the hearing material. While he felt that the Board of Health's rules and regulations on septic systems were good (and more stringent than in surrounding towns), he did feel that the procedures for issuing stickers for the Sanitary Landfill were inadequate. On the basis of the Town Counsel's opinion, Selectman Caponigro then moved that the charges against Mr.. Clemmey be dropped. Selectman blaha.na noted that he was under extreme mental duress in making his decision. As the Chairman had stated, he could not tell who was telling the BOARD Or SDUCTMMM/LIGHT COMMISSIONERS Minutes of the Meeting ( October. 4, 1979 Page 2 truth. He also stated that he was more disturbed by the actions of the entire Board of Health than by the actions of Mr. Clemmey, and could not in good con- science, based on what he had heard, vote to disoharge 1,1r. Clemmey. Selectman Mahana then seconded Selectman Caponigro's motion. Voted 3 -1 with Selectman DeLong dissenting. The next business to come before the meeting was the appointment of the Ad Hoc Committee. Chairman Avery suggested that five of the present Committee members be retained with the addition of a representative of the School Department and a person to represent both the Recreation and Conservation Committees. Following some discussion, it was moved by Selectman hfahana to appoint the following persons: Gerard Kelley, Paul Split, Chadwick Dfaurer, John McNair, James Hindman, Peter DeGirolamo and Al Boldrigini. Seconded by Selectman DeLong. Voted 11n0. The lease for the Hartwell School to Self-Help, Inc. for a five year term expiring October, 1984 was signed. Selectman De Long questioned whether the Board has gone over the Handbook for Boards and Committees to nee if it specifies procedures for voting and taking action, as he felt it is sometimes assumed that people know how to operate when, in fact, they have little or no background in committee procedures. There were further suggestions for possible increased budgeting for secretarial help and a careful review of Committee minutes for the next six months to insure that they adequately reflect discussions and action taken. The Town Manager will draft a memorandum to the Boards and Committees calling their attention to the need for summaries of the debate leading to a motion. Selectman Mahana made the suggestion that the Board of Selectmen consider changing their meeting night to Tuesday. There followed a brief discussion on this, but it was decided to take it up when the full Board is present. Job Classifications and Descriptions The Town Manager noted that he had grouped jobs according to qualifications and responsibilities rather than salaries, as he felt that there is quite a discrepancy relative to salary vs. duties and responsibilities. He has worked out a 10 step salary structure, but there may be a problem with the unions on this, as they are set with negotiated rates. In order to phase in the job classification program, current employees would be retained in their present categories until they retire; new employees would be put into the proper new classifications. Selectman DeLong stated that it would be helpful to have the supervisor or super- vision received indicated on each form. Selectman Caponigro suggested that a. table of organization indicating the chain of command should be prepared. The Town Manager will do this. BOARD OF SUMTMEx /z,IGHT Minutes of the Meeting October 4, 1979 Page 3 There was a general discussion on the groupings which range from low to high on responsibilities, and also on differentiation on similar classifications such as principal clerk and senior clerk. The Board requested that names of current employees be matched to the job classifications. It was felt by the Board that management should have the right to evaluate individual performance, and that forms for annual review should be established. It was suggested that an evaluation with a merit increase to follow might be acceptable to the unions. There was general agreement that the Town Manager had done an excellent job in preparing the job classifications, and Selectman DeLong moved to approve them subject to the suggestions made that evening. Seconded by Selectman * Caponigro. Voted 1.1 ®0. There being no further business to come before the Board, the meeting adjourned at 8:55 p.m.