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05/25/2010 Town Council Special Meeting
Town of East Hampton
Town Council Special Meeting
Tuesday, May 25, 2010
Eaton E. Smith Meeting Room – Town Hall

Minutes

Present: Chairperson Melissa Engel, Vice Chairman John Tuttle and Council members Thomas Cordeiro (arrived 5:50 p.m), William Devine, Christopher Goff, Barbara Moore and Susan Weintraub.

Call to Order: Chairperson Engel called the meeting to order at 10:00 a.m.

Ratification of Appointment of Special Counsel Investigator:
A motion was made by Mr. Tuttle, seconded by Ms. Moore, to ratify the appointment of Attorney Mark Sommaruga as Special Counsel Investigator.  Voted (5-1) Ms. Weintraub against.  Mr. Cordeiro had not arrived at the meeting at this point.  

Prior to the vote Ms. Weintraub commented that she does not agree that Attorney Sommaruga should be the investigator for this harassment complaint. Based on conversations she has had with other attorneys and CCM she feels the investigator should be a human resource specialist that deals with these types of charges.  She feels interviews should be done with the complainants and a 360 review with staff.

Executive Session–Personnel Matter – Special Counsel Report:  Preliminary/Draft Special Counsel Report re: Harassment Allegations Against Employee:
A motion was made by Mr. Devine, seconded by Mr. Tuttle, to enter Executive Session for Personnel Matter – Special Counsel Report:  Preliminary/Draft Special Counsel Report re:  Harassment Allegations Against Employee at 5:45 p.m.  Voted (6-0).

Mr. Cordeiro entered Executive Session at 5:50 p.m.  
The Council exited Executive Session at 6:50 p.m.

Possible Action re:  Executive Session:
A motion was made by Mr. Tuttle, seconded by Ms. Moore, with regard to the investigation of harassment allegations against an employee the Council accepts the report of Attorney Mark Sommaruga and takes no action.   Voted (6-1)  Ms. Weintraub against.

Prior to the vote, Ms. Weintraub commented that there should have been administrative leave given to the accused, there should have been a completely objective third party human resource specialist brought in to interview complainants and other staff members in Town hall and a report given to Town Council. She does not agree this report should be the end of the investigation.

Ms. Engel commented that she is comfortable with the report from Attorney Sommaruga.

Adjournment:
A motion was made by Mr. Goff, seconded by Mr. Tuttle, to adjourn the meeting at 6:53 a.m.

Respectfully submitted,


Cathy Sirois
Recording Secretary