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Board of Selectmen Executive Session Minutes 7/1/10

Members present: George Fuller, Mark Karlberg, William Cavanaugh

Executive Session opened at 7:45 PM.

The purpose of this executive session is to address the Town Administrator contract.  The Selectmen reviewed the Employment Settlement Agreement and Release of all Claims that the lawyers drew up.  George explained the changes that were made to the first draft.  At this point it was noticed that Colleen O’Connor’s tape recorder was still taping the meeting.  George stopped the recording but kept the recorder until he spoke with the town attorney.  Bill advised that he spoke with Tony about his language and Tony wanted to know who complained about it.  Bill spoke with some of the employees and wanted to know why they did not say anything regarding his language and was told that the employees were afraid of retribution if they said anything.  Bill then spoke with some town officials who advised him that the morale at town hall was bad.  He suggested that all of the town employees should call in sick on the same day which would send up a red flag but they were not willing to do this.  Then once Tony admitted that he used this kind of language Bill did not feel that he needed to get anything in writing.  Bill advised that he spoke with Tony for about two hours one day and suggested that Tony speak with the town employees and apologize for the use of his language but he refused to do it.  He also suggested that Tony communicate better with the Board and offered him a six month probation period but Tony would not accept that.  He wanted a three year contract or nothing.  Bill realized at the meeting where Tony had his lawyer present and the town was not able to have its lawyer present that this was insubordination which could be grounds for getting fired.  Bill advised that the Board is responsible for everything that Tony does and he does not feel that he can do it and feels the Selectmen should sign this settlement agreement.  He also brought up that he tried to get Bruce Garlow to mediate with Tony and the Selectmen but Tony refused that too.  Mark advised that he spoke with Bruce Garlow and tried to get him to attend monthly staff meetings with Tony but Tony refused to do it.  George explained to Mark what happened when Tony and Bill Elovirta called the insurance company because Marc Portieri was hunting while he was on medical leave.  Marc’s doctor said it was fine for Marc to go hunting but he could not drag the deer out of the woods.  He went hunting with friends who would drag the deer so there was no problem with him hunting.  George feels that Tony should have come to the Selectmen with this before he acted on it.  He also had an issue with Tony hiring John Murray to do perk tests.  He spoke with John to see when Tony hired him to do the perk tests and John told him it was about a month before he did the perk tests.  There was also the issue with the excavator.  George spoke with some ex-selectmen and was told that if they offered Tony a three year contract then Tony would be free to do as he wished and could get the Town in trouble.  Bill feels that Tony has made some money for the town but he could also cost the town money if there was a lawsuit against the town for something that Tony did.  The lawyer advised Bill that anyone of the employees could file a suit against the Town stating that there was a hostile environment and would probably win.  Mark advised that he spoke with Tony about the CDBG and was told that the town received the grant but if Tony is gone then the town would not get the grant funding.  Bill advised that the grant is not attached to Tony.  Bill motioned to sign the Employee Settlement Agreement and Release of all Claims, Mark seconded.  All in favor.  George explained to Nina what needed to be mailed to the town attorney.

8:20 PM George motioned to adjourn the executive session meeting, Bill seconded.  Roll call vote: Bill-aye, Mark-aye, George-aye.

Respectfully submitted,                                                         _______________________________
Nina Weiler, Secretary                                                          George Fuller, Chairman