Present: Selectmen Grimes, O’Donnell, Ward, Casey, Chairman Angley, and A.T.A. Bouchard. Absent: Town Administrator LaFond.
The Chair announced the openings on various boards, committees and commissions.
Ward announced that there will be a meeting on 7-14-08 at 6:30 P.M. at the Benjamin Ellis School for suggestions from residents on the future use of the school.
Citizen’s Participation:
Paul Johnson stated he did not receive enough information on his public records requests regarding town vehicles, and why did it take so long to get the information. Angley stated he would have to discuss this with the Town Administrator. Angley stated letter was sent to him and one of the considerations on the length of time was that he went to the Supervisor of Vehicle Maintenance, Bob Pemberton, and he was extremely busy due to the snow and ice season. There was no malice or forethought. Johnson stated the wanted this information for Town Meeting. Johnson also stated that the town should have a vehicle policy and gave the members of the Board a copy of the Inspector General’s Office vehicle policy. Johnson also presented to the board an amendment to the Personnel Code, section
5.2 for there to be a two week comment period on renewals of contracts with employees. Angley expressed his concerns on the legality and that the Town has to be careful. Johnson stated he understands concerns, but protection is still in place. Angley stated Board would take under advisement considering the legal ramifications.
North Carver Water Commissioners:
Angley stated the financial consultants for the Town have recommended a reaffirmation on the appointment of the North Carver Water Commissioners due to the fact that there was a significant gap in time between the original appointments and the actual passage of the legislation creating the North Carver Water District. Motion by Ward and second by Casey to confirm the previous appointments of the Water Commissioners of the North Carver Water District. O’Donnell requested vote be taken individually.
· Michael Bumpus - Motion Ward, second Casey. Vote unanimous.
· Stephen Romano - Motion Ward, second Casey. Vote unanimous
· Stephen Dewhurst - Motion Ward, second Casey. Vote 3-2
Assistant District Attorney’s Letter of June 6, 2008:
Angley read the letter from the ADA regarding Johnson’s public records request for the June 26, 2007 Executive Session Minutes. Angley stated the Board needs to vote to approve the recommendations of the ADA. Bouchard provided a copy of the redacted minutes approved by the ADA. Grimes requested discussion and stated the Town needs to get at the root of the problem and wanted it put on record that he has lost confidence in Kopelman and Paige and their legal opinions. He had no idea the Police Chief was requesting an extension and he was not notified or called, just like the first extension of the contract. He stated that the public had a right to know that the Police Chief’s contract was going to be discussed and he brought this up to Mr. Jenkins and he brought up “strategy”. He believes that Mr. Jenkins was wrong to withhold information on the chief’s contract due to strategy. Once again he stated that the public had a right to know and the ADA’s letter does not apply. It
applies to the minutes, but why the Police Chief had two contract extensions with no information to me or to the public. We did not have the contract in front of us, and he did not vote for it and he was out voted and was going to bring it up for re-consideration. He asked why the contract was extended two times and he tried to get answers and never has. There was never a performance review on contract. He thinks it could lead to bigger problems and cannot have K & P’s opinion with one more letter wash, and he does not agree with Jack and the ADA agreed with him.
Casey stated he was made aware of the Police Chief contract extension is his package. He picks up his package on a weekly basis and Grimes can ask Jean. It is not his responsibility to pick up packages for other selectmen if they are not aware of things on Agenda. He is against publicly speaking about contract negotiations. No department wants contract negotiations made public. His vote was based on continuing with current chief for the Town and stand by that vote. Paul Johnson’s request for a two week comment period politicizes the process. The Police Chief did not receive a raise in this extension. The Town cannot announce the particulars when you are in contract negotiations. He personally knows what’s going on and he takes offense when people say that
we hold secretive meetings. Casey stated he feels he has an obligation to look at his package well before the meeting to have an opportunity up front to prepare, and that some people pick up their packets just prior to the meeting. Grimes responded with the number of committees he is on and it is his opinion that some people get complete packets and some do not as well as not receiving some information that other board members have in the folders, and citizens have a right to know. There was no contract to review, and he disagrees with Casey and was surprised the Chief was requesting a contract extension, but we cannot get a Police Union Contract settled. The Board was ready to vote within three minutes of the matter being brought up. He thinks it should be 30 day public comment. The Executive Session cannot be abused to violate the open meeting law. He also stated that Citizen’s Participation is another issue he still does not
fully agree with not giving the public the right to speak. He has a right to know about the contract without having to check his packet or hang around the office.
Ward stated to accuse him of a wash job upsets him. He also discussed this with no one prior to the meeting. He picks up his packet material prior to the weekend so that he can review it. He voted for the contract extension because he wants the Police Chief to run the department. He takes offense at being accused of backroom deals. This was voted for at the meeting. He signed the contract like they sign other documents. He was not sneaking secretly around on this. This was an effort to keep current Police Chief in that position which is the best thing for our Town.
Angley stated the Police Chief came to him as Chairman. He could not call every member to have a discussion as this violates the law. The Police Chief was not looking for a raise and the contract is the same dollar value, other than COLAs, and that the majority of the Board voted to approve extension. He stated he felt the Police Chief is doing a good job. In terms of the request at Town Meeting for the Police Chief’s total remuneration after the Town Accountant returns from vacation he will request this information and put a dollar amount on it, so he won’t be at Town Meeting and not know what the Police Chief makes. He did not get a raise, however he would be eligible for benefits that members of the Police Department have. Casey requested that the entire Police Department
be included - all officers.
Grimes stated he does not accept the redacted minutes and that “this is a joke”. He is not accepting that and the full minutes should not be withheld. O’Donnell stated he cannot vote ethically. Motion by Ward, second by Casey to approve ADA recommendations with redacted minutes. Vote 3-1-1.
Grimes stated he plans to bring this up again and that this is not going to go away and wanted it on record that he does not accept the redacted minutes. He would make a recommendation to terminate Kopelman and Paige.
Annual Appointments:
O’Donnell asked if people had been notified that annual appointments were being made on this date. Ward asked if this has been standard procedure in the past and Bouchard answered in the affirmative. Discussion followed regarding the IDFA appointment of John Egan. The consensus of the Board was to invite the IDFA and the IDC to a Board Meeting in August to discuss the duplication of effort with the RDA. Ward stated at the last Master Plan Revision Committee Vincent Nocera indicated he was going to be unable to serve. Motion by Grimes, second by Ward to approve all July 1, 2008 appointments (attached) with the exception of John Egan and Vincent Nocera. Vote unanimous.
Motion by Grimes second by Ward to appoint Walter Benoit as a Special Police Officer from 7-1-08 to 6-30-09. Vote 4-0-1 (O’Donnell abstained).
Minutes of 5-13 and 5-27-08:
Motion by Ward, second by Casey to approve as written. Vote unanimous.
Selectmen Notes:
Ward stated that Plymouth is involved with discussions with A.D. Makepeace on the question of “Sole Purveyor of Water”. This will be discussed at the IDC meeting of July 21st.
O’Donnell reminded everyone of the July 4th holiday and asked that we keep in mind the nature of the holiday and to remember the people that serve around the world in protecting our way of life.
Casey - nothing
Grimes stated he has talked to citizens who are concerned with the Animal Control Officers hours being cut 20%. The Town will be constructing a temporary shelter and the officers will not have enough work hours. They have been kept pretty busy. The officers can take some of the burden off Jean by doing the administrative work also. He would like to hear from Animal Control at the next meeting. Resident Judy Fitzgerald stated she had asked to speak at Citizen’s Participation on Animal Control concerns and she read Angley’s letter of reply. ACO Sherman was present and stated she did not know what was in Fitzgerald’s letter. Angley replied that the Town Administrator is the hiring and firing authority and supervises this department. LaFond has never heard the
complaints from the ACOs that were in Fitzgerald’s letter and as he stated in his letter Fitzgerald needs to set up a meeting with LaFond. Grimes asked about a status report on BATG and asked for the legal committee to give an update at the next meeting. Johnson stated his committee has received sample RFPs from five other towns and will be putting together the Town’s RFP and will probably go out for comments from people and will be sending it up to the Inspector General’s Office and then will bring it back to the Board of Selectmen to go forward.
Angley echoed O’Donnell’s remarks regarding our service men and women serving around the world, and wished everyone a happy 4th of July. He will check on the status of BATG.
Motion by Casey, second by Grimes to go into Executive Session under M.G.L. Chapter 39, §23B to consider the discipline and charges against an employee, and not to return to Open Session. Roll Call Vote taken - unanimous.
| 
