PRESENT: Jennie Greene, Richard Williams, Polly McDowell, Stephen Lewenburg
ALSO PRESENT: J B Riggs Parker, BOS representative, Tim Carroll, Virginia Jones
ABSENT: Max McCreery, Susan Heilbron
Meeting came to order at 0810
MINUTES of 8/09/2007 were discussed and MS Approved with minor revision and with Richard abstaining. Richard raised the issue of the PB’s interpretation of the open meeting bylaw, as he is concerned that the Board be able to send proposed drafts and comments, if no response is solicited and the topics are to be fully discussed at the next open meeting. It was explained that the Board felt that it is confusing to have various draft versions circulating and that any revision that invites a reply may contravene the open meeting bylaw. Ginny provided copies of a section of the open meeting bylaw pertaining to e-mail communications.
It was noted that the base bylaw is on the website and that members should be able to access it and make copies which they can edit.
Tim submitted three matters for the Board to consider and review.
The first is a possible grievance action by Stanley Larsen, Shellfish Constable. Tim wishes the Board, as a neutral body, to provide placeCityStanley with clear guidance as to the grievance process. Richard replied that the position’s “direct supervisor” (Warren Doty) should meet with the employee and if that does not resolve the situation then the employee may meet with the full Board of Selectmen (the “appointing authority”). If that is done and does not resolve the situation satisfactorily the employee may present a grievance complaint, in written form, and with reference to the Personnel Bylaw, to the Personnel Board for review and discussion.
Tim felt that a letter from the Personnel Board would be a good framework from which to proceed.
Discussion ensued about how the hours and the budgeting process are determined. Riggs stated that the Town Meeting only approves the funding for a position, not the salary and hours…these are determined by the PB and approved by the BOS in their role, and responsibility, as the chief executive officers of the town. They determine how the mandate of the Town should be administered.
Richard queried whether the Shellfish Constable’s job is now a new position and should have been advertised. He was told that the revised job description only eliminated some duties and responsibilities but did not fundamentally alter the job. Further the revised job description had come to the Board for review. Timmy explained that although there is a decreased number of hours for the Shellfish Constable’s position, the hours and duties have been incorporated into the newly created Shellfish Propagation Officer’s job and the level of service to the Town remains the same.
Steve commented that the PB is the informal human resources board and should have a process to guide staff in personnel issues such as a grievance, in order to resolve issues between employees and “the administration.”
Jennie proposed to send Stanley Larsen, Shellfish Constable a detailed letter outlining the process for how to proceed: speak with direct supervisor, then meet with BOS as appointing authority, and finally to file a written grievance outlining the nature of his complaint and how it relates to the Personnel Bylaw. She will enclose the appropriate section of the bylaw, and offer him the option of appearing before the Personnel Board in the event that resolution is not achieved in the previous steps of the process. Richard commented that he wants it clear that this is not a punitive action. Jennie stated that before her letter is sent, she will have Jack Collins (Labor Attorney) review it and comment.
The second matter is a request from Tim as Supervisor to the Town Clerk to review the Town Clerk’s concerns about unrecompensed hours worked during special Town Meetings and elections. Polly and Richard remarked that this has been researched and reviewed already. There is cyclical process over the course of six years which takes into account when Special Elections, Regular Elections and various Special and Annual Town Meetings occur, and which specifies how much additional annual compensation should be paid. It was designed to make sure that the employee is adequately compensated over the long term. It is agreed that the Town Clerk is an exempt employee and that an adjustment in hours and pay had been made to level out discrepancies. Further the PB determined
that the employee is adequately compensated.
The third matter was the question about duties performed by the Receptionist/Assistant. This was in response to a BOS request that the Receptionist/Assistant be able to perform Notary Public duties. It was decided not to make it an amendment to the job description but in future advertisements for the position it will be listed as a desirable skill that may be requested of future applicants for the position. The Board determined that the position supervisor has the authority to require the employee to perform reasonable tasks consistent with the job description. The Board further determined that this is the one of the duties that the BOS has requested for this position, and that it is reasonable and consistent with the job description.
The next meeting is scheduled for 0800 on the 30th of August, 2007 at which the only item to be discussed will be section 2.
Respectfully submitted
Virginia Jones
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