Selectmen Meeting Minutes
April 8, 2000 Open Session
Present: Daniel Webster, Chairman; Judith Murdoch, Catherine Kuchinski, Stephanie McSweeney, Peter Jones with Winn Davis, Executive Secretary to the Board of Selectmen. Webster called the meeting to order at 9:10AM.
I. Executive Session: Building Inspector Sam Germaine and his attorney Joseph Brodigan present. Mr. Germaine indicated that he wanted an executive session to discuss the matter before the Board. Motion 4/8/2000.1: move to enter into Executive Session under exemption # 2 to consider action under MGL c.268A s.25 in response to Germaine’s recent indictment (bill number 103212) by the Plymouth Grand Jury on in. Those included to attend the executive session with the Board and its executive secretary are Sam Germaine, his attorney Joseph Brodigan and Hanson’s labor counsel, Earl Wilson. Motion made by McSweeney with second by Murdoch. Roll Call vote taken: Murdoch: Aye; Kuchinski: Aye; Webster: Aye; McSweeney: Aye; Jones: Aye. Motion carried 5-0.
II. Re-open of Meeting: Selectmen reentered open session at 9:45AM. Webster announced the vote taken in executive session as 4-1(Murdoch) to suspend Mr. Germane from his duties as Building Inspector without pay. Prior to questions being taken from the residents in the audience including the press, Jones reminded the Chair that Mr. Davis was obtaining Mr. Germaine’s town property (keys and beeper). Webster went on to say that he wants to draft a statement of ethical standard of conduct for signing by all officials. Davis will check with Mass. Municipal, etc for zero tolerance policies.
III. Warrants for Annual and Special Meetings: Davis to check on reference points raised by Kuchinski. No one had any procedural problems with comments raised by town counsel’s review of the warrant structure.
IV. Executive Secretary Report:
A. AG’s finding on Bid Protest: AG will not issue a formal bid protest finding since the work was finished by the time of the hearing. The April 4, 2000 letter strongly noted errors were made and gave guidance so mistakes are avoided in any future work. Davis has taken necessary steps to be certified as a procurement officer.
B. Funding Options for School projects: Davis reviewed McCormack’s memo on funding options and this will be a topic for vote at next meeting.
C. Engineering Funds and Skate Board Project: Davis reported Town Accountant’s figure of $10,000 available and that an surveying of bound estimate of $5,000 was received from Munro in discussion of this type of project. Walking the Town’s Bounds discussed. Davis to discuss further with Kuchinski.
V. Announcement: Meeting re: Re-Use of Plymouth County Hospital: the first public input session is scheduled for April 13 at 7:30pm at the Middle School. VHB personnel to gather more input for the use of the hospital site.
Motion 4/8/2000.2: move to adjourn the meeting. Motion made by Jones with second by McSweeney. Motion carried 4-0. Meeting adjourned at 10:15AM.
Selectmen Meeting Minutes
April 8, 2000
Executive Session
Present: Daniel Webster, Chairman; Judith Murdoch, Catherine Kuchinski, Stephanie McSweeney, Peter Jones; Winn Davis, Executive Secretary to the Board of Selectmen; Earl Wilson, labor counsel for the Town, Samuel Germaine, Building Inspector and his attorney Joseph Brodigan.
Webster asked Germaine if he or his counsel wished to make a statement to the Board. Mr. Brodigan stated that his interpretation of Chapter 268A Section 25 did not require the Board to make a decision of a mandatory suspension. His client is indicted under Chapter 268A section 20. He does not feel the nature of the misdemeanor charge against his client warrants the Board of Selectmen to suspend him.
The options for consideration by the Board were listed as: (1) take no action, (2) vote to suspend, (3) vote to take another type of disciplinary action or (4) vote to dismiss.
Motion 4/8/2000.1ex: move to suspend Samuel Germaine from office as building inspector without pay pursuant to Chapter 268A Section 25. Motion made by McSweeney with second by Jones. Roll Call vote taken: Murdoch: Not in Favor; Kuchinski: Favor; Webster: Favor; McSweeney: Favor; Jones: Favor. Motion carried 4-1 (Murdoch).
Webster then read a Notice of Suspension into the record. Said notice shall be placed on file with the Town Clerk. Webster also noted for the record that this notice had been prepared in light that suspension option was available to the Board. No predetermination of action should be misconstrued. Mr. Brodigan asked if memos covering other options were prepared. No notice needed for option one and the suspension option was the one covered in the statute for preparation if needed.
Motion 4/8/2000.2ex: move to exit Executive Session. Motion made by Murdoch with second by McSweeney. Roll Call vote taken: Murdoch: Aye; Kuchinski: Aye; Webster: Aye; McSweeney: Aye; Jones: Aye. Motion carried 5-0. Davis left with Germaine to obtain keys.
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