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Personnel Committee Minutes Public Hearing 02/08/07
CHILMARK PERSONNEL BOARD PUBLIC HEARING FEBRUARY 8, 2007
CHILMARK TOWN HALL FINAL

CALL TO ORDER:  7:30 PM  

PRESENT:  Members Jennie Greene, Susan Heilbron, Max McCreery and Richard Williams.  Also present:  Executive Secretary Tim Carroll, Staff Liaison Polly McDowell, Selectmen’s Liaison Riggs Parker, Dennis Jason, Jonathan Klaren, Norm Freed and Chuck Hodgkinson.
 
PUBLIC HEARING – PERSONNEL BYLAW ADDITION:  At 7:32 PM Ms. Greene opened the public hearing to solicit public input on the proposed addition to the Town’s Personnel Bylaw.  Mr. Freed asked why the addition is being proposed.  Ms. Greene said the bylaw was vague in the area pertaining to what factors should guide the appointment and re-appointment duties of the Town’s appointing authority.  Mr. Williams explained the background of the bylaw and added sometimes language in such a document needs clarification to make it more pragmatic.  The addition will convey that when the Board of Selectmen uses their reappointment authority it will work within the framework of the Personnel Bylaw.  Mr. Freed agreed the older bylaw must be brought up to date.

Regarding the Board of Selectmen’s role as the appointing authority Mr. Freed commented that he believes there is the potential for a future conflict between the town’s personnel bylaw and MGL Article 78 Section 11 which essentially states the elected Trustees of the Library have the jurisdiction to manage and run the Library and how this responsibility relates to their ability to make a permanent appointment of the Library Director.  He added that there is not a current problem at all but believed this point needs clarification for the future -- should there be a difference in opinion between the Library Trustees and the appointing authority on the permanent appointment of a Library Director.

Mr. Parker responded by stating this is a legitimate question particularly if state law establishes the Library Trustees as the appointing authority for library staff.  He added that Town counsel is reviewing the issue and will advise in due time.  Mr. Carroll explained that the bylaw gave the appointing authority to the Board of Selectmen because several of the various elected Boards in Town wanted the authority to appoint their staff.  Mr. Freed added that in the Library’s case they have the State Board of Library Commissioners to provide advice and publish a handbook on how to manage the Library’s activities.  Mr. Parker asked Mr. Freed to provide to provide the statutory references that outline the hiring procedures for Library staff.  Mr. Freed agreed and hoped Town counsel would also do the same.

With no further comment from the audience Ms. Greene thanked the residents for attending and closed the public hearing at 7:57 PM.

Respectfully submitted by Chuck Hodgkinson, CAS.