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HomeMy WebLinkAboutBOS MINUTES 11-22-1982BOARD OF SELECTMEN AGENDA November 22, 1982 7:30 P.M. Meeting Called To Order 2. Adjournment f Board Decision on Removal of Town Manager BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 22, 1982 PRESENT: Chairman McNair, Selectmen Coldlla, Mahana, Levine, May, Town Manager, W. Chadwick Maurer, Jr., Town Counsel, Jack Dwyer 7:30 P.M. Meeting called to order. Chairman McNair called on Town Counsel Dwyer to lay down the ground rules for this evening's meeting. Town Counsel noted how orderly the hearings were last week and asked that they remain orderly tonight. He noted that he had been instructed by the Board to not tolerate any outbursts. The only issue on the agenda for tonight is for action to be taken by the Board for their decision on the Town Manager. Chairman McNair called on Selectman David May for his opinions. Selectman May's comments are as follows. I think it was pretty well stated by David Gay that we should discuss this within ourselves, go over the evidence, go over the exhibits and so forth and to do it individually and collectively. Tonight, for the benefit of my board members I will give you my opinion, after reviewing all exhibits and going through the hearing. First of all, Mr. Mangiaratti indicated to the Board that he has two goals to accomplish during the hearing. One was to show that we did not have cause, the second was to clear up rumors and charges. When Mr. Maurer gave his testimony he only complained of interference by Board members and did not show us that we did not have cause. We listened to two of his witnesses tell us that we have a strong town manager form of government and that Chad Maurer is a strong town manager. Yet the town has been without a full time police chief for two years and three months because he has failed to take prompt and decisive action. Mr. Maurer also told us he would not appoint Jesse Earls as acting chief because of problems in the police department. Incidentally, Maurer confirmed the stories of alcohol and drug abuse within the department and the burden of proof lies with him, not the Board of Selectmen. He made the statements to us, we can't prove it, it's up to him. And he made these statements to the five members of the Board and noone has denied it. This is another typical case of his failure to communicate sincerely and effectively with this Board. During the hearing he tried to make a joke out of the motorcycle accident. This is to take the sting out of the bike, but he and the acting chief have actually lied about it on more than one occasion and to more than one person, including the town counsel at that time. He violated his contract when he applied for employment in the town of Amherst. His response to the bid specs were not very impressive when the one witness who testified contradicted his story of no one advising him to get other proposals. Mr. Maurer has approached the violations of union contracts, show that he did not follow up and take the necessary action a manager should. In essence we were not shown that we did not have cause. Mr. Maurer was to answer to the Board of Selectmen at the hearing. Instead, he pleaded to the audience a case of irrelevant personal attacks on members of the Board of Selectmen. In answer to most of the questions David Gay told us to ask ourselves, are you satisfied, no I am not satisfied with his answers. That is all I have to say at this time. Chairman McNair called on Selectman Sandra Levine for her comments. She asked for a copy of the Board's letter of intent, which the Chairman gave to her. Her comments are as follows: The changes that we have before us are that we are firing the town manager with cause. And cause, as defined,in firing Chad, are things that are illegal, whether it be misdemeanor, felony, misappropriation, etc. In the statement about the police chief, no matter who was appointed as chief, that decision remains with Chad, that was not ours. But whether or not BOARD OF SELECTMEN MINUTES OF MEETING November 22, 1982 Page 2 we like the decision, the decision was his and he made it. Therefore, that cannot be cause to fire him. He was reacting solely within the rights that are granted to him by Charter. In going over the minutes, I was looking at what Mr. Gay had charged us to do. On the, and I'm trying to answer as he told us to do, on the specific requirement that was the second charge of the employment contract that he should not seek or set forth, accept nor become employed by any other employer until the termination of the date of your contract, that was violated, but as Mr. Gay reports in his letter, or note to us at the end, when the employment contract violation, we have the right to waive that violation. Legally speaking, you could do that. These are the minutes that were read.You do not have to do it, but you can. In light of the evidence that was presented that his evaluation was poor, that he was told by various members of the Board that he must change his ways in he was to ever be reappointed and my feeling is that I would have to waive that as he was protecting himself at that point and he didn't hide it from us, we knew about it. David May objected to the Chairman as those comments were never in any of his evaluations. Selectman Levine asked what comment. Selectman May replied the comment that he would not be reappointed. She noted that she said in light of the evaluation and in light of what members of the Board said to him thatrhe would have to do a lot of changing in order to ever be reappointed. And that was what you said, and you even said it here. Selectman May asked who said that. She said that he did. He replied that he never said that. You can call me a lot of things, but you'll never call me a liar. Selectman Levine asked, what did I read in here? The minutes that were taken, did you read them? Selectman May replied, yes, did it say I said that? Did it? Selectman Levine, but it came from my left. Selectman May, No. Selectman Levine, yes. Selectman May, No, I never said that. Selectman Levine, regardless, it was said to him. Therefore, I would waive the right to hold him to his not seeking employment. On the third, trans- actions that he negotiated. In the Charter it states that he is allowed to negotiate and enter into contracts for land, for acquirement, he did so. Therefore, I cannot call what he did cause. In the fourth item, with respect to the police department he had been aware of the violations of applicable contracts provision concerning sick leave benefits received by an employee. It was stated in the minutes of the meeting of the hearings that he sought advice from the gentleman that we used as counsel and advisor and entered into agreement with Mr. Paul Kenney. And Mr. Kenney said that on the first circumstance treatment for alcoholism does not have to become punitive. Mr. Maurer had the right under the charter to make that determination, and he did it. Under the fifth one, he seeked legal advice when a question is raised by other department personnel regarding the proper procedure for town contracts and similar documents. Which was the water contract. The people that were bid the first time, that were the low bidders, their price remains the same. The extended contract for another year did not go out to bid. I don't know whether it was legal or illegal but both lawyers pointed to the fact that since it was a service contract, and that is in the minutes, that it might be a weak point, therefore I don't see any cause that says that he committed an illegal act. On all five questions raised by the letter, I cannot find illegal things, whether it's a felony, misdemeanor,'.I cannot find these therefore, I do not find cause and I do not wish to fire the town manager. BOARD OF SELECTMEN / MINUTES OF MEETING November 22, 1982 Page 3 Chairman McNair then called on Selectman Norman Mahana. His comments are as follows; In reviewing all of the evidence and the exhibits presented by the town manager's attorney and himself, the Board of Selectmen's attorney and themselves, with witnesses appearing, having carefully analyzed the closing statements of both attorneys, Mr. Gay has charged this board to be clear and concise. At emotional statements made at the hearing,are not valid in coming to a justifyable conclusion, and having reviewed the minutes of the hearing to make sure that all points made were clear, on the five charges listed in the Board's letter of intent to remove on November 1, 1982 I'd like to cite just two instances. In regard to the award of a contract for Pipeline Testing Company for the leak detection program in the town of Mansfield. State law as well as our own by -law limits the award of a contract without bids to $2000 or less. There is no attempt by me to characterize this award as illegal, but simply as another example of poor administrative judgment. Public trust in elected or appointed officials is dependent on many things. Among them the handling of public funds and the administration of such funds. Since we had already identified and sealed major leaks in our water system that reduced the unbilled on lost water from 45% to approximately 30 %. That indicated to me that it would have been prudent to seek proposals from competing firms as he did originally since we were no longer in a critical water situation. It is imperative for any public official to adhere to the intent of the law, that is to open competitive proposals or bids to cities and towns so that sweetheart type contracts or the appearance of such does not exist. On the question of civil service, and the town manager's poor administration of that partidular segment, the constant flux between an open exam, then it's cancelled, then it's a pro- motional then it's a promotional and open, the constant on again status of the police chief's position for over two years, with the promise that it will continue for approximately another year, for a total of three years without a permanent qualified chief to me is simply intolerable. This town deserves a qualified police chief, one who is capable and able to lead a very sensitive department, public safety. The poor administrative actions of the town manager on this subject has not reflected well on the police department or to the town and has contributed to a lack of stability in an area that should be the backbone to the well being and safety of all the citizens. Chairman McNair then called on Selectman Frank Colella. His comments are as follows: Mr. Chairman, at this time, not to echo what Norman & David have said, I have to agree with them 100 %. I feel, for the best interest of the town I as one member of this board will not appoint, reappoint or whatever the present town manager. Back 6 months ago we had an evaluation of the town manager and my evaluation was negative. My evaluation still stands as negative. And at this time, for the best interest of the town of Mansfield, I have just cause to remove him as town manager, amen. ( Chairman McNair then gave his comments as follows: Just a few points to bring out as chairman of the board, the point where after reading the 80 -100 pages of testimony that I feel in my own mind that the drug situation or alleged drug situation as told by the chief to the town manager to the board as charter requires has not been fully in my own mind, answered. There was one point of testimony that I ran over by the town manager that I was completely BOARD OF SELECTMEN ( MINUTES OF MEETING November 22, 1982 Page 4 unaware of as of last March, April, May when I first came on the board and that was the letter that the town manager had sent to Camp Dresser & McKee asking for special treatment on specifications for the wastewater treatment facility. Ladies & Gentlemen, it's against the law, you don't waive it towards one company and ask somebody to change specs. Myself personally, reviewing all that has happened, innuendos, Mr. Mangiaratti brought out the point that it wasn't cocaine, that it wasn't this, that it wasn't that, and he asked the town manager directly was it marijuana, what is he trying to tell me that it's perfectly legal to do this? No way. The other point is, I weighed it in my own mind there was some serious conflict there, as far as the testimony that was given by the town manager in regard to the sus- pension of an officer,. He said on the stage that he didn't know the effective date of the suspension, it was November 15. That was the officer who has lost his fire arm. On the fire arm, I don't know if anybody in here is aware of it, I'm sure you all are, somebody has that pistol. Whether it be a youngster, a hood or who it is. Somebody has it. It's a detriment to the town of Mansfield. The only point I'm trying to make is that we're all responsible as townspeople. With that I rest my case I'll ask the board to entertain a motion. * MOTION: I move that under section 9.7 of the Mansfield Town Charter, to remove W. Chadwick Maurer, Jr. as town manager of the town of Mansfield for all of the cause listed in our letter of November 1, 1982 that's items 1 through 5, effective Friday, November 26, 1982 at 5:00 P.M. Mahana /May VOTED: 4 -1 Levine opposed. * MOTION: To adjourn. May / Mahana VOTED: 5 -0.