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Board of Selectmen Minutes 01/05/2012
Date of Meeting:        Thursday, January 5, 2012
Location:               Town Hall, 221 Main Street
Time:                   6:30 PM – 7:58 PM
Members Present:        Chairman Kenneth Sydow,  Members Roger Deal and James Wood; Stephen Madaus, Town Counsel; Nancy Colbert Puff, Town Administrator; Lori Esposito,        Administrative Assistant to the Board of Selectmen


The Board is meeting to discuss exit strategy and a replacement plan for Nancy Colbert Puff, Town Administrator, who submitted her resignation, dated December 27, 2011, to the Board.   Ken Sydow asked Steve Madaus to walk the Board through its options.

  • Steve said the employment agreement (17B)  provides for early termination/resignation with a minimum of eight weeks’ notice unless otherwise agreed to by the parties.  In the event of voluntary resignation, no severance pay is applicable. The procedure for the Board, as the appointing authority, in soliciting candidates to fill the Town Administrator position, might consider:
        1)  Appoint a search/screening committee.   A governmental body must comply with the open       meeting law.  One member of the search committee may be a Board of Selectmen member.  The       committee is allowed to meet in Executive Session if determined any discussion would be         detrimental to any candidate.  The committee would then submit finalists to the Board of        Selectmen for   consideration.  The names then become public.  In appointing a search committee,        the Board must set forth very specific expectations and requirements for the candidate.   A         minimum of two finalists are to be presented to the Board.
        2)  A professional search consultant on a contract basis.   This would provide private review,  interview and the consultant would then present the final candidates to the Board.  To hire a search    committee, the Board must solicit three quotes if the cost for the contract is over $25K.   If not, a   RFP with sealed bids is required.
  • Ken confirmed with Steve that with a local committee everything must be in the open.  A consultant can do this privately.   They also can do background checks, personality tests, etc.   Who, on a local committee, would do this?   Steve said the members could do all that and then report to the Board.  It depends upon who is involved on the committee and the instructions received from the Board.
  • Jim Wood said he likes the idea of a screening committee.  He would like to see some people who will work with the Town Administrator, as well as someone from the Personnel Board, etc.   Also, it costs nothing.
  • Dick Prince (in the audience) said he was Chair of the last search committee (for Robert Fennessey).  There were 12 on the committee, representing various organizations in Town.  He documented the process, including security checks, references, etc.  They had a multi-page questionnaire and interviewed eight to ten people and presented two or three to the Selectmen.  They never met in Executive Session.   He will try to find the documentation so the Board can see the process.
  • Stephen said either way the Board does not lose control as the appointing authority and can set guidelines for what they require.
  • Ken said the cost for the last search consultant was $15K, which included a lot of work that would not need to be repeated this time around.   Hopefully, we could get a lower cost and likely have a faster result.
  • Dick Prince said he was not advocating one process or the other.  
  • Ken said there currently is a shortage of qualified people in this field.   Because Boylston is a great community we have the advantage of drawing candidates from various areas.
  • Stephen said it is important for people to know that resumes should not be submitted until the Board establishes which way they will go.
  • Ken said the present TA is with us for eight weeks (40 days paid) and he hopes the Board will be flexible in having her work in both towns.  If the Board of Selectmen changes the terms and decides to let her go, a severance would have to be paid.
  • Dick Prince asked if a decision must be made before testing the waters when the job is posted?  Roger strongly believes the Board should decide which route it is taking before posting the job.  He wouldn’t want to receive resumes and do evaluations before that is decided.
  • Dick asked if the Board had made a decision as to whether this will be a direct replacement or if the Board would like to reconfigure the position description at this time.  Roger thinks the TA job description needs to be reviewed and revisions made and he recommends the Board consider doing this.  Ken thinks, based on the amount of work, that we need a full-time TA.  Dennis Costello felt the Board did not need to make a decision now but should consider other options.  Jim Wood agrees.
  • Stephen said that consideration of reconfiguring the Town government and a shift of more power to the Town Administrator (e.g., a strong Town Manager), will involve a very long (possibly two years) process.
  • Jim Wood said maybe back some responsibility away from the TA and not change to a Town Manager; he hasn’t seen a job description in several years.  Margo Richardson (in the audience) asked how the Board could make a decision tonight without seeing a job description.   Feels the Board needs to look it over.
  • Ken said when the last search was done the Board added the need for someone with an interest in economic development as well.   If that makes sense, the Board should continue in the same direction with a TA.  Roger said the description needs a major renovation and he recommends the Board consider it.   
  • Margo said she does not prefer spending money when we are trying to reduce budgets and costs.  Tap the talent we have in Town.   They came up with some great candidates last time.
  • Dick said, regardless of direction, the first step is a revised job description.   Another question to come up will be wages.  The Personnel Board should not be used to evaluate the job in terms of pay, since their system is antiquated.  They should perhaps consult with someone in the field with current expertise.
  • Roger does not feel the Board needs to emulate Ms. Puff’s existing contract.  For example, we do not need to pay a mileage stipend in the future.
  • Ken said there is no point in taking a vote.
  • Jim asked if the Board could discuss the job description tonight.  Stephen said he could take the job description to Mirick O’Connell’s Labor Department for review.
  • Discussion was held regarding holding a workshop meeting to discuss the job description.  Ken said he is fine with the description as it is; it is a State standard.  He would rather discuss what qualifications we are looking for in a candidate.  Roger said he absolutely believes the description needs further review and discussion.
  • Margo asked how Ms. Puff’s time is to be split between Boylston and Methuen.  Ken said the Board has not gotten to that.   Over the next eight weeks, she can do what she likes with her vacation time.  He would expect, if we want to extend that into part-time coverage, Ms. Puff might be agreeable.  Margo said that sometimes, when a person takes a new job, their mind is on the new job.  Ken agrees, but said we also have a heart that is dedicated to provide the transition needed.   Stephen said it is important to remember that the contract term is an eight-week notice, which is standard.
  • Roger asked if Ms. Puff has a commitment to a certain start date in Methuen.   She said she has not set a date yet.   She would work in Methuen on Tuesdays and on Fridays.   Roger asked what would be the objective of remaining on the job here in Boylston?   To clean up, etc.?   Ms. Puff said she would continue doing her job as needed.  Roger said that generally, when a person resigns, that person’s loyalties are to the new organization and that’s fine, but we need to get a clear idea of Ms. Puff’s commitment to this community over the next eight weeks.   Ken said, other than taking on new projects, why would her responsibilities change at all?   Ms. Puff said her intent is to put in 40 hours a week over the next eight weeks.  She said if the Board prefers a change to her terms perhaps the Board can meet in Executive Session next week.
  • Stephen said he was reminded of a clause in the contract:  “…unless parties agree otherwise.”  If anyone is considering an agreement otherwise, he suggests it be submitted to the Board and it will then be considered in Executive Session.  Ken reiterated that Ms. Puff will be full time over the next eight weeks, using vacation time to work for Methuen.   She said she plans on fulfilling 40 hours Monday through Thursday, then taking vacation days on Fridays to work for Methuen.
  • Roger said, to clarify, Methuen time is exclusive of vacation?  Ms. Puff said she will continue to work 40 hours a week and use one day a week as vacation time, that day to be at her discretion and not necessarily Fridays.
  • Dick Prince asked if there is the potential for a conflict of interest?  It is very unusual for an employer to approve an employee working at other places at the same time.   Steve said that it is permissible under the conflict of interest statute.  A person can enter into a contract with two different municipalities.   There is a provision in her contract prohibiting her doing other business during office hours.  He suggests it be put in writing so that the Board can analyze the proposal to consider in Executive Session.  Dick said if Boylston requires her time while on vacation, she can be called back.
At 7:06 PM, Ken Sydow motioned  to go  into Executive Session  under M.G.L. c. 39 §23B ¶2 to conduct strategy in preparation for prepare for negotiations with non-union personnel.  The Board agreed they would reconvene in Open Session.   Roger Deal seconded the motion and the roll call vote was recorded as follows:   Mr. Sydow:  Yes; Mr. Deal:  Yes; and Mr. Wood:  Yes.
        
  • Michael Kane of The Banner argued to the Board that they need to vote to open the contract that already exists.   Stephen Madaus said the contract provision reads “…to agree otherwise.”
Nancy Puff said she would like the Board to consider her request and the Board agreed to consider it under Executive Session.

At 7:11 PM, Ken Sydow motioned  to go  into Executive Session  under M.G.L. c. 39 §23B ¶2 to conduct strategy in preparation for prepare for negotiations with non-union personnel.  The Board agreed they would reconvene in Open Session.   Roger Deal seconded the motion and the roll call vote was recorded as follows:   Mr. Sydow:  Yes; Mr. Deal:  Yes; and Mr. Wood:  Yes.

At 7:58 PM Roger Deal motioned to adjourn Executive Session and reconvene in Open Session only to adjourn.
A roll call vote was recorded as follows: Mr. Sydow:  Yes; Mr. Deal:  Yes; and Mr. Wood:  Yes.


Roger said that on next Monday’s agenda (January 9) the Board needs to revisit its intent for the School’s budget. And  he would also like to know the status of the additional payment for the parking lot paving.

Respectfully Submitted,


Lori Esposito, Administrative Assistant