Chichester Board of Selectmen
SELECTMEN’S MINUTES
March 12, 2007
MEMBERS PRESENT: Chairman MacCleery, Selectman Colbert, Selectman DeBold and Administrator Lisa Stevens.
OTHERS PRESENT: approx. 20 members of the Fire Department, Patrick Clarke, John Martell, and Evelyn Pike
Due to the large number of attendees, the meeting was moved upstairs to the main hall.
Chairman MacCleery opened the meeting at 5:40pm.
SUBJECT: Fire Department – Interim Fire Chief Appointment
The purpose of this meeting was to allow the fire department to openly share their concerns and comments surrounding the pending appointment of interim Fire Chief
Gil Vien.
Chairman MacCleery read a statement for the record outlining the subject matter of tonight’s meeting. A copy is attached to the permanent record.
Chief Paveglio read a statement to the body outlining the events surrounding his resignation as chief and the subsequent events that have taken place to date. A copy is attached to the permanent record.
Chief Paveglio presented the Board with the original tests results from the recent Captains’ test that has been the subject of much controversy. These documents are for the Board’s review, as the chief’s direct supervisors, and do not fall under the public’s right to know.
Chief Paveglio announced his retirement from the Chichester Fire Department, effective this evening.
On behalf of the Board of Selectmen, Chairman MacCleery regretfully accepted Mike Paveglio’s retirement from the fire department.
Selectman DeBold commented that Mike’s statement summarized the process that has taken place very well.
Chief Paveglio also informed the Selectmen that he has received and accepted the resignation of Deputy Chief Chris Drew. The current Chief of Command is Captain Steve Stock.
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Paul Sanborn read a statement outlining the organization and regulations of the Chichester Fire Rescue Department. A copy is attached to the permanent record.
To comment on a point made by Chief Paveglio that elections for chief have not been done by the department for over ten years, Mr. Gil Vien raised the point that Paul Sanborn ran against Tom Wainwright for the chief’s position in November of 1997. Mr. Vien stated “Up until ten years ago the department was acting under the old bylaws.”
The Town Administrator has located the Selectmen’s minutes from October 1998 indicating the Selectmen adopted the Chichester Fire Rescue Department’s Administrative Regulations as written at the time of approval. A record of the fire department vote changing from the bylaws to the administrative regulations has yet to be found.
Chairman MacCleery asked the Town Clerk if the regulations where ever recorded as indicated in the 1998 Selectmen’s minutes. Evelyn has not had time to check as this information was just discovered minutes prior to this meeting being convened.
John Prickett asked to read a statement. A copy is attached to the permanent record. This statement included John’s retirement announcement, asking to be effective May 20, 2007, to allow him the opportunity to complete the EMS class he is currently teaching at the station. Mr. Prickett will remain on the fire department roster under active duty until that time.
Walter Sanborn discussed the history of the Chichester Fire Department with the group, stating he is the only surviving founding member of the department. Over the years, the town has entrusted the fire department to run internally.
Malinda Weir read a letter that had been signed by 11 members of the department urging the Board of Selectmen to appoint a chief based on the NFPA 1021 standards for qualifications that govern all fire departments. A copy is attached to the permanent record.
John Prickett clarified that the National Fire Protection Association is not a governing body or a law setting body but rather a standard setting body. These standards are usually accepted worldwide.
Chairman MacCleery stated that potentially the Selectmen could find that others on the department do not qualify either.
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Selectman DeBold wanted to know if the eleven members that signed the letter urging the Selectmen to follow the NFPA guidelines were not happy with the current job
qualifications. Selectman DeBold clarified that the Board is not questioning the job qualifications but rather their adoption, that is what is in question, not their content.
Steve Stock has decided not to leave the department and thanked the following officers for their years of service to the department; Mike Paveglio, John Prickett and Paul Sanborn. Mr. Stock stated the 120 plus years of experience won’t be easily replaced.
Mr. Stock explained that the last time a Lieutenant was elected was in 1996 or 1997 and going forward the department decided that promotion of officers would be handled on a testing basis. The Administrative Regulations state that the appointments of officers from Lieutenants to Deputy Chief are handled by the Fire Chief, and are based on the minimum qualifications established in those regulations. The Fire Chief is appointed by the Board of Selectmen.
Speaking in regards to a comment made to him during a telephone conversation with Selectman Colbert, Captain Stock refuted that a member could not get this position without first having been a Concord firefighter. There is never favoritism or the good ole boy network; officers are always promoted based on the qualifications and guidelines defined in the fire department’s administrative regulations. Captain Stock is urging the Selectmen to recognize these job descriptions. “I have decided to stay on the department, I am not being selfish and no one is in it for the glory.”
Selectman DeBold asked Captain Stock if he had passed the Captain’s test. Mr. Stock answered yes. He was promoted in 2001. The testing process started in the late 1990’s.
Selectman DeBold commented there is no mention in the job description that a test is required, he asked; “Going forward shouldn’t something like that be put in there?”
Captain Stock responded, “The testing process is the most fair, unbiased manner to promote a member.”
John Prickett commented that administrative regulations are needed to run the department on a day to day basis and policies define how those regulations are carried out.
Selectman DeBold clarified for the record that the Board of Selectmen was never told that of the three candidates, one was not qualified, or for that matter that two or three were not qualified. Which process to follow was not clear to the Board of Selectmen and documentation was not found at the time as to which set of bylaws/regulations was valid.
It appears as of tonight’s meeting that the Administrative Regulations were approved by the Board of Selectmen in 1998.
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Mr. Vien stated, “Compare the qualifications to the resume I submitted and you will see I am qualified.”
Chairman MacCleery stated the Town Clerk will need to investigate the filing of the Administrative Regulations.
Matt Cole informed the Selectmen that he too has obtained the qualifications necessary to meet the job description. These criteria can be met by a volunteer firefighter; you do not have to be a career firefighter to reach this level. Mr. Cole does not have the time on the Chichester department necessary to be promoted according to the administrative regulations.
Chairman MacCleery brought up the point that perhaps going forward a candidate’s qualifications should be transferable from one department to another. Maybe some consideration could be given.
Mike Paveglio asked the Selectmen if the town clerk could find proof that the regulations were filed, are the Selectmen willing to go back and appoint a new chief by the qualifications adopted.
Malinda Weir commented that as a new lieutenant she does not have the experience and safety behind her and wants to make sure that the person chosen is qualified and has the experience to keep her safe.
Motion made by Chairman MacCleery and seconded by Selectman Colbert to allow non-resident and fire department member, Mike Crowley speak. All were in favor. Motion carries. Mr. Crowley suggested the Board of Selectmen solicit the help and guidance of the NH Fire Academy personnel to review the resumes, names removed, to give the Board their recommendation.
Mike Paveglio stated most towns use them to assist in this process.
Selectman Colbert clarified for the record that there are four candidates, not three. Mr. Tom Wainwright has also submitted his resume for review by the Board. Also under consideration by the Selectmen was the need to get the new chief on board to allow both chief’s to work together through the town meeting.
Mr. Dick Wright, head of the Capital Area Mutual Aid Compact is also a resource available to the town.
Mr. Paul Sanborn read a statement announcing his retirement from the fire department and as Forest Fire Warden, effective this evening. A copy is attached to the permanent
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record. Mr. Sanborn also informed the Board that the following gentlemen have resigned as Deputy Fire Wardens; Mike Paveglio, Walter Sanborn and Chris Drew.
On behalf of the Board of Selectmen, Chairman MacCleery accepted regretfully, Mr. Sanborn’s retirement.
Matt Cole asked the Selectmen if they would be re-opening the hiring process.
Selectman DeBold responded in light of the new information received this evening, the Board will need time to review it thoroughly and decide the next step. Officially, senior officer, Captain Steve Stock, will be the acting officer in charge.
Selectman DeBold asked whom on the department would be participating in town meeting. Mike Paveglio replied he would not leave Steve hanging and would be attending town meeting to assist Steve with any questions.
Steve Stock and Gil Vien are Deputy Wardens and will be able to issue burn permits in lieu of no Fire Warden in place.
Selectman Colbert personally thanked all the retiring members stating he truly appreciated all the service they have given to the town.
Chairman MacCleery and Selectman DeBold echoed those sentiments. Selectman DeBold finished his comments by saying, “You can always come out of retirement.”
The Selectmen discussed the need to review this new information and in light of that suspend the appointing of Mr. Vien to a later date.
Motion made by Selectman DeBold and seconded by Selectman Colbert that based on this new information and the need to review any and all additional information that could affect the appointment the Board change the effective date of the interim Fire Chief’s appointment from March 20, 2007, to April 17, 2007. All were in favor. Motion carries.
The Board acknowledged the Officer in Charge of the fire department is Captain Steve Stock. Chairman MacCleery will contact Mr. Stock and Mr. Vien and inform them of the Board’s decision this evening.
The Selectmen scheduled a work session for Thursday evening, March 15, 2007, at 5:30pm, to prepare for town meeting. The Selectmen directed Lisa to make the
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necessary corrections to the fire department budget to accurately reflect last year’s expenditures for town meeting.
Selectmen DeBold will comprise the proposed tax impact for each warrant article.
Being no further business, the Chairman adjourned the meeting at 7:35PM.
Respectfully submitted,
Lisa Stevens
Administrator
_________________________
Stephen MacCleery, Chairman
APPROVED AS WRITTEN
_________________________ 3/20/2007
David Colbert
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Richard DeBold
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