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Board of Selectmen Minutes -- 01/03/2013
       Selectmen’s Board Meeting
January 3, 2013

Present:        Jerry Dougherty IV, Chairman; John Allen and Bob Thompson, Selectmen

Visitors:       Office Administrator Diane Falcey, Police Chief Karl Meyers, Fire Chief/Road Agent Jay Henry, Gino Funicella, Beth Funicella, Martha Benesh, Hank Benesh, Huntley Allen, Joan Davies, Frank Benesh, David Matesky, Jerry Dougherty, Bea Davis, Bob Davis, Dave Mason, Larry Garland, Lisa McAllister, Bill Wogisch

Chairman Jerry Dougherty called the meeting to order at 4: 30 p.m.

  • Amend & approve minutes
  • Non-Public Session – October 4, 2012  Chairman Dougherty noted the October 4th minutes will be packaged with the other Non-Public Session minutes pertaining to the Holly Lewis litigation; the Board will approve them at that time.
  • Job Description Work Session – December 13, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of the Job Description Work Session of December 13, 2012.  The motion passed 2-0-1 (Allen abstains).  
  • Selectmen’s Meeting – December 20, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of December 20, 2012.  The motion passed unanimously.
  • Public Comment  Gino Funicella asked if the Board would consider moving agenda item # 7 Electioneering Matters up in the agenda so Beth could comment as she needs to leave; Chairman Dougherty will adjust the schedule following Public Comment.
Office Administrator Diane Falcey asked to make a brief statement; she noted she is making her statement during public session so her concerns will be public.  She read a portion of a written letter she presented to the Board and asked that the entire letter be entered into the minutes so that her complaints will not continue to be ignored.  The letter is as follows:

Complaint of Retaliation

To:     Jerry Dougherty IV, John Allen, Bob Thompson and Peter Malia, Town Counsel

From:   Diane Falcey, Office Administrator

Re:  Continued Retaliation

I come before the Board of Selectmen today, in public session, to formally report continued actions of reprisal against me for having brought a grievance complaint this past February against Jerry Dougherty IV for discrimination, threatening and bullying me.  In accordance with the report of findings regarding my grievance, I am to report acts of retaliation against me to Selectman John Allen.  I complained to John on numerous occasions regarding Jerry’s unrelenting and repressive control over office affairs in my department, which were just ignored.  Finally, on December 19th I brought complaints again to John Allen.  This time his response to me was that “if I didn’t like my job I should just quit.”  It is apparent and in my best interest to submit this Complaint of Retaliation in a publicly recorded meeting so my complaints do not continue to be overlooked.  This complaint of Retaliation is official and now a public document, which I will turn over to be part of the recorded minutes.

The following are some examples of acts and decisions by Jerry Dougherty IV against me, which the other two Selectmen supported or were aware of:

The process you utilized in drafting the department head job descriptions including changing my title from Office Administrator to Town Office Administrator/Administrative Assistant, which diminishes my present position is gender discriminatory and constitute retaliation.  You never consulted with me about my job description, like the other department heads for accuracy.

Just recently on November 15th your actions and decisions again demonstrated retaliation against me, by inviting and allowing the Moderator to slander my reputation in a public meeting.  The Board of Selectmen all knew in advance his intention and the tenor of what he would say.  This caused me extreme humiliation and left me distraught because of the Moderator’s false accusations.  Yet there have been incidences of public complaints involving other department heads that were handled outside of meetings or in Non-public session by this Board of Selectmen sparing them public scrutiny and humiliation, as I believe is required by law.

On November 6th while at the election polls, Jerry Dougherty IV declared to the Town Clerk that “he didn’t trust me,” and that the “Town Clerk should have gone to him and not Diane” regarding the Attorney General’s letter to the Moderator.  Jerry’s offensive statement is an action trying to undermine my position and encourage another department head to shun me in attempt to cause opposition and discourage harmonious working relationships.

On October 4th, Jerry Dougherty IV, Selectmen Chair allowed the public during a Selectmen’s meeting to question, comment and discuss my role over the transfer of Conservation Funds, which fostered an appearance of conspiring with the Town Auditor to write a negative remark about a Conservation Commission Member.  Again, what was discussed was false, an attempt to discredit me, causing me much humiliation.

On September 6th during a Selectmen’s meeting, Jerry Dougherty IV rudely told my Administrative Assistant and I to leave the meeting and that he would be taking the non-public session minutes.  My department is now barred from taking non-public session minutes without any explanations, nor was there any Selectmen discussion to explain their hostile actions towards my Assistant and myself.  When I asked my Selectman Liaison, John Allen why my office is banned from taking the Non-public minutes he just replies, “I don’t know.”  Does this Board of Selectmen brazenly discharge the other department heads of their duties without consulting with them first?

Jerry Dougherty IV continues to take control as the sole Selectman, to micromanage me with his overbearing, rude and repressive behavior while the other department heads continue to enjoy autonomy in running their department.  The other Selectmen just look the other way or are just indifferent, which leaves me in a constant state of having to watch my back.

I am tired of being retaliated against and treated in a discriminatory fashion.

Respectfully Submitted,
        Diane Falcey
Diane Falcey
Office Administrator
Town of Jackson

The Board wants to review the formal complaint before responding.  

Martha Benesh noted Hank has been paid for filming since March but he’s been providing that service since January; a specific amount of money was appropriated for this ($3000).  She asked if Hank should submit a proposal for this year; this was affirmed; this will become part of the ordinary budget; while the budget begins in January the funds are not approved until March.  

Beth Funicella would like to request the report about the investigation into Office Administrator Falcey’s complaint against Chairman Dougherty be released as a part of public information in order for the public to understand more fully the retaliatory acts she is reporting.  Chairman Dougherty isn’t sure what report or information Beth is looking for; there was a grievance filed; it was investigated; it’s a personnel matter and that’s all the Board is going to comment on it.  

Huntley Allen noted there will be discussion tonight at the Planning Board regarding residential inspections; he’d like to ask the Selectmen if they are in favor of taking residential inspections out of the ordinance.  Selectman Allen is in favor of leaving residential inspections in; Chairman Dougherty doesn’t believe this is a yes or no answer.  

Selectman Thompson would like to make it clear that this is not what Public Comment is for; he has the floor so he’s going to explain that Public Comment is the time for the public to come and comment on any issue that concerns them.  There will be plenty of time to have an in-depth discussion on this but folks can’t expect interaction with the Board during Public Comment; it gets the Board off the agenda that has been published.  This is the second item proposed tonight that the Board could spend thirty minutes on easily; he hesitates to deal with this during Public Comment as it takes away from the meeting.  

Selectman Thompson will support the way the Planning Board puts this together; he will vote against it but he’ll support it being on the warrant.  

Huntley noted Chairman Dougherty is the one who brought this issue to the Planning Board; that’s why they are working on this.  Selectman Thompson noted this is a great example of what he’s trying to avoid during Public Comment; Huntley asked a question; he got an answer and now he’s following up by asking if the Selectmen brought this to the Planning Board; he would like to respectfully recognize what Huntley has contributed to Public Comment; it’s not the end of the world that the Planning Board is meeting tonight and this topic will be on the next agenda for a more in-depth discussion.  Huntley noted he has discussed this with Chairman Dougherty and it hasn’t gone anywhere.  Selectman Thompson noted this is news to him; he noted he’s happy to have this on the agenda for the next meeting.  Gino noted there was an article last year and the vote was one-sixty to forty in favor of continuing the building inspection and permitting process; seventy to eighty percent of the folks at the meeting stood up and said they want this.  Chairman Dougherty noted these comments have been addressed all year long; they have no place at tonight’s meeting.  Gino pointed out that Chairman Dougherty is not the Selectmen’s Representative to the Planning Board but he is the one having all the discussion with that Board.  

  • Police Report  Police Chief Karl Meyers reviewed Department activities since the last meeting; items discussed included six false burglar alarms, a complaint from the Highway Department regarding a car parked in the way; the car was ticketed; Officers were also called to a local motel but staff refused services, electing to go to the Sheriff’s Department.  Officers assisted the Fire Department with a fire in a trashcan; the ACO was called in to recover an escaped dog that spent two nights out in the cold; on the morning of the Nor’easter the dog was found.  A gentleman was arrested with drugs during a car stop; there was a vehicle off the road on the back side of Dundee that required a wrecker; a complaint was taken about how two driveways were being plowed.  A box truck got stuck in a cul de sac; the Highway Department went up and sanded; there was a vehicle off the road in the Notch; a found debit card was turned in; Officers took possession of an intoxicated person walking up Route 16 who was returned to said person’s parents.  Officers assisted a skater that fell; there was a vehicle off the road on Thorn Hill; there was a fireworks complaint by Black Mountain; there was a parking complaint on Presidential; there were several cars ticketed as they prevented snow removal and another vehicle was parked so it was sticking out; Officers made contact and asked that it be nudged in.  Officers served a subpoena on a parent whose child was acting out and arrested a young man for an open container; there were three 911 calls at a local hotel that was a child playing with the phone.  Officers also assisted with a subject having an allergic reaction.  Chief Meyers also wanted the Board to be aware of a civil case which currently has nothing to do with his Officers but could as it’s a child custody case that is not going well.
  • 2013 Police Department Budget  There was no further input at this time.   
  • Electioneering Matters  Frank Benesh noted this discussion arises from election day almost a year ago when several folks were prevented from electioneering both on public and private property; those folks’ rights were infringed on; Frank made a complaint that day; the Attorney General’s (AG) Office got back to them the same day and said that the Moderator couldn’t prevent them from electioneering.  The Moderator told them he didn’t care; if they persisted he would have them arrested; he told Frank he could file a complaint so that’s what Frank did.  The AG’s letter states that while the town has discretion to set the zone for electioneering it cannot be so broad as to prohibit electioneers at the vote from being able to make contact with voters.  The folks involved concluded they were prevented from coming in contact with the voters at the Whitney Center; their rights were infringed on by Moderator Kelley and the town.  Frank is here tonight because during the discussion with the Moderator, the Board closed the matter and chose not to take any further action.  That’s displaying willful ignorance; Frank believes it is incumbent on the Selectmen to attempt to counsel the Moderator as to a compromise on a location for electioneering.  He is asking the Board to implement the bare requirements of RSA 659.43 which calls for a ten-foot free corridor where there is no contact with electioneers; that would be the right thing to do.  Frank is particularly concerned with the Moderator’s comments about Bartlett and Conway’s electioneering; the Moderator noted there was none at Jackson and he said it was a good thing or that he was proud of it. All Frank is asking for at this point is for the Selectmen to look at the letter again; to understand the points and try to decide on the next action; the Selectmen can’t read this letter and decide to not take any action; that would be willful ignorance.  
Selectman Thompson noted he studied the letter and feels there is no further action necessary; he rejects the premise that folks were prevented from electioneering; no one has been; the Board recognizes the two-hundred foot policy makes it more difficult but folks were not prevented from electioneering.  Jackson has a difficult circumstance; the town chose to have the elections at the Whitney Center; this is a building that was handicapped accessible that lent itself to electioneering at two-hundred feet.  The letter didn’t say it was prohibited; all it could do was cite past precedent; it suggested that the Selectmen have a conversation; the Board did this and heard safety issues from the Moderator.  Selectman Thompson noted it’s hard to imagine people both for and against the candidates and articles all in the parking lot trying to access the voters and wondered if the town wants to make it easier to electioneer by allowing folks closer to the building and by doing so create public safety and access issues; it’s agreed the Whitney Center is not the perfect site for the polling; perhaps another building like the Library might be appropriate; the Board will take a look at other buildings besides the Town Offices or the Recreation Center.  

Frank suggests the Board speak to Counsel regarding whether this is a constitutional right; he doesn’t think the town can pick between a constitutional right and access; that’s in the letter to Moderator Kelley.  Chairman Dougherty noted the Board did vet the letter; it instructed the Selectmen to meet with the Moderator and come up with a plan.  Town ordinance says no electioneering on any town property; the Board’s decision was to allow it across the street.  The Board would consider another location for the voting if electioneering is so important.  There is private property there that the town has no control over; the Board doesn’t need to waste town dollars to speak with the town attorney about this.  

While Frank felt Beth Funicella was “threatened” with arrest, Beth noted she wouldn’t call it a threat; she was “warned” by Officer Jette that she would be arrested if she held a sign; Officer Jette said he would do whatever the Moderator told him to do; the Moderator said he would tell Officer Jette to arrest her.  Beth has been electioneering for years; she doesn’t think two or three people standing there with signs would be an issue and they would respect the ten-foot corridor; it would be safer to be between the school and the building than across the road.  

Gino noted his electioneering consisted of a little table and some pamphlets; he had permission from the property owner to be there.  The Moderator called the AG’s Office; the Moderator was told he couldn’t prevent electioneering on private land and he did.  Chairman Dougherty would like to clarify that the decision on how to run the property on the day of the vote is the Moderator’s; the letter from the AG’s Office instructed the Moderator to discuss this with the Board.  Frank pointed out the letter also said to include Town Counsel in that discussion.  Chairman Dougherty stated the Board did not have the letter at the time the Moderator came to speak with them; the Board decided at that time they would not spend any more money on an attorney; this was the Moderator’s decision and the Board backed him; that’s the Board’s decision.  

Selectman Thompson noted the school does not want electioneering on school property.  Frank noted the school board may not be able to say that; they have to allow electioneering by having the vote at their building.  Selectman Thompson pointed out that electioneering has never been prevented.  Frank noted the area the Moderator established would make it difficult for those electioneering to come in contact with the voters; it’s a constitutional right for it not to be difficult to come in contact with the voters.  Selectman Allen noted the voter can go to the electioneers; Frank countered the voter should be able to do that with ease and crossing over to the gazebo in his or the AG’s opinion is not doing it with ease.  

Selectman Allen asked if someone from the AG’s Office visited Jackson; Frank noted he sent pictures and the AG’s Office spoke with Frank and the Moderator.  Selectman Allen believes allowing electioneering closer would be a safety hazard; voters can get to the electioneers; that was the Board’s opinion.  Frank regards that as infringement on his rights.

  • Road Agent
  • 2013 Highway Budget  Road Agent Henry asked if there will be a work session on the budget; the plan is to have further discussion at the meeting on the 17th; Chairman Dougherty wants to have Treasurer Schomaker come in and discuss use of the Unreserved Fund; what it means if the town uses that much to do the roads; what it looks like for cash flow.  There will be a larger discussion at the budget hearing.  
  • Maintenance of Town Property  Chairman Dougherty noted Phil Davies had sent out an email asking the Board if it has added any money in to the budget for knotweed control.  There are things the town can do for three to six grand per year; it doesn’t seem like anything anyone wants to tackle; Road Agent Henry has enough to do and the Conservation Commission doesn’t want to deal with it either.  Larry noted it’s a huge problem; the Conservation Commission has to deal with it on the Gray’s Inn property to close-out its DES permit; it’s not a thing that can be gotten under control; it just keeps coming back; it’s a long-term problem and eventually the country will have to deal with it.  The town can contact the State and/or the North Country Council to see what other towns have done; there’s nothing the Board can do as a town short of putting money in the budget and finding someone to take it on.  Selectman Allen suggested this be handled as a warrant article; having it separated out on its own warrant article would allow a sense of how people feel about it.  Road Agent Henry noted knotweed is a bad mess; Larry noted Bartlett got a grant as it was on school property.  Road Agent Henry noted the town will never completely kill it.  The Board agreed to put an article on the warrant asking for $5,000 and see if it is something people want to pursue.    
The Highway Department has plowed the skating rink across from the school; Bea Davis suggested the town put up signs as the person who fell on the ice last year is still getting treatment.  
  
  • Fire Chief – 2013 Fire Budget  There was nothing new to discuss on the Fire Budget.
  • Transfer Station – 2013 Budget  There was nothing new to discuss on the Transfer Station Budget.
  • Timber Matter
  • Intent to Cut – Dinsmore, Stephen & Denise (Map R30, Lot 2) 12-231-12  Selectman Allen, seconded by Selectman Thompson, made a motion to approve the Intent to Cut for Dinsmore, Stephen & Denise (Map R30, Lot 2) 12-231-12.  The motion passed unanimously.  
  • Jane Sanders Searches – 2013 Title Search Service Agreement  Selectman Allen, seconded by Selectman Thompson, made a motion to approve Jane Sanders Searches – 2013 Title Search Service Agreement.  Selectman Thompson asked what this is.  It was explained this is the service that conducts title services; this is facilitated through the Town Clerk’s office; the Town Clerk has been happy with Ms Sanders work; the town did look at other options last year; this company was selected and she’d like to continue with them; this is a twelve-month contract.  There was no further discussion.  The motion passed unanimously.  
  • Worker’s Compensation Law – Notice of Compliance  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Worker’s Compensation Law – Notice of Compliance.  Selectman Thompson asked if this is something that is done yearly.  Chairman Dougherty noted this is a standard form to be signed by the employer for the employee; it says the town is in compliance. There was no further discussion.  The motion passed unanimously.    
  • 2012 Auditor Option and Schedule  Office Administrator Falcey noted the Selectmen need to decide if they will have an elected auditor or hire an auditor; every year this form has to be completed; it’s required by statute; the Board needs to choose an option this evening; last year the Board did look into if the town qualifies for an audit waiver; smaller towns with a population under six hundred qualify; Jackson’s population is eight hundred.  The Board needs to choose an option; last year the town had an independent public accountant as no one put their name on the ballot; it’s less expensive to have an elected auditor as the town doesn’t pay the elected auditor; it would be ten to fifteen thousand dollars to hire a public accountant.  Selectman Thompson believes the town should have an elected auditor.  Selectman Thompson, seconded by Selectman Allen, made a motion to have a locally elected auditor.  Selectman Allen asked if this is a decision that needs to be made tonight; Office Administrator Falcey noted in order to be on the ballot this needs to be decided tonight.  There was no further discussion.  The motion passed unanimously.  
  • Jackson Chamber of Commerce – Thank you Letter  Chairman Dougherty read the letter to the Jackson Chamber of Commerce (attached).  Selectman Thompson, seconded by Selectmen Allen, made a motion to approve the Thank you Letter to the Jackson Chamber of Commerce.  The motion passed unanimously.  Office Administrator Falcey was thanked for drafting the letter.  
  • Public Comment  Gino noted that during the conversation with Frank when Frank basically described his constitutional rights being ignored by the Moderator and this Board, the Selectmen thought they didn’t want to spend money on an attorney about this.  The town spent many thousands of dollars on the Holly Lewis litigation and that case went bye-bye; the town spent thousands on the Transfer Station Agreement that has now been done by the current three members of the Board.  The town spent around $12,000 on the complaint against Jerry Dougherty.  Frank has degrees from M.I.T.; he’s on the ZBA; this is a constitutional issue.  The Selectmen agreed with the Moderator; the Selectmen were told the Moderator lied; they have dismissed Frank and his complaint.  He cautioned the Board to be careful with the way they are handling this.  
  • Board Issues  There are no Board Issues tonight.
  • New Business   There is no New Business tonight.
  • Old Business
  • Board Policy  There is nothing new on Board Policy tonight.  
  • Vacation Policy  This item was discussed and is back on the agenda for further discussion; Selectman Thompson noted the Board looked at Jackson’s personnel policy that pertains to vacation pay and the issue was around town employees that are working four ten-hour days; do they get eight hours or ten hours for their day off; the Selectmen got to a spot where they solidified it was a reasonable request to have one’s day off fully paid.  Office Administrator Falcey asked to have further discussion; she noted she had been asked to put her concerns in writing; she did that and wondered if anybody took the time to read it; she gave specific scenarios that she is not sure how to compute.  If she comes in to work then leaves at mid-day does it mean she has to take eight hours of sick time; if she takes personal time to go to the dentist, does that mean she has to use eight hours; the policy doesn’t say time can be taken by the hour.  Employees get two days of personal time; with this interpretation the Board is giving those who work four ten-hour days twenty hours of personal time while those who work eight hours will only get sixteen hours.  
The vacation policy is also a problem as when an employee reaches eight-to-twelve years of employment as s/he is entitled to three more vacation days; with the current interpretation the person working four ten-hour days would get thirty hours of vacation time while the person working five eight-hour days would only get twenty-four hours.  

Chairman Dougherty understands the issue and that folks may not feel it’s fair but the Board clarified the vacation policy previously; if the policy is bad then the Board can change it.  With the type of employees Jackson has it’s difficult to set one rule that is fair for all; the police are not eight-to-five employees; the firefighters are not eight-to-five; the highway department is not eight-to-five.  It would be perfect if the personnel policy could address every situation he’s not sure it’s possible.  As far as the vacation policy goes, a day is a day; that’s the policy; if an employee works four hours a day the employee takes a vacation day of four hours.  

Office Administrator Falcey noted the time doesn’t work when someone has worked for the town for eight years and gets an additional three days; this became an issue when someone in the Police Department was credited for three days at twenty-four hours which did not give him three full days.  The Board doesn’t understand why the three additional days would be handled any differently than the employee’s regular vacation time which is in days.  Office Administrator Falcey is concerned with the number of hours employees get; all employees should get the same three days not some getting twenty-four hours and others getting thirty.  Selectman Thompson feels the Board needs another work session on this; Chairman Dougherty reiterated that vacation time is supposed to be used in days not hours.  He does agree with giving all employees twenty hours of personal time to use, at the discretion of the employee’s supervisor.  

Selectman Thompson noted there is plenty to discuss around this; perhaps if the Board has it on the agenda for another meeting it may not need another work session on this.  He pointed out that where he works it is not frowned on if an employee takes a half-day while people frown on that in Jackson.  He is not convinced it’s set up unfairly right now to benefit one person over another based on the number of hours they work in a regular day.  

Selectman Allen noted if time were tracked by the hour then it would be a wash; the employee gets a set number of hours to use as the employee wants.  

Office Administrator Falcey reiterated the way the policy is written means those who work eight-hour days and has ten days of vacation time ends up with one-hundred-twenty hours of vacation time while those who work ten-hour days get one-hundred-fifty hours; she feels vacation time should be tracked by hours based on a forty-hour work week.  

Chairman Dougherty doesn’t understand how that is different; a vacation day is a vacation day; if the Selectmen want to change it they have the authority to do that; he wants to know how the town would make up for the hourly difference.  It was noted, at the NH Electric Coop, employees that work ten-hour days give up two hours each day they take off; it was noted that the Coop no longer allows their employees to work ten-hour days due to the inequality.  Chairman Dougherty has a problem with translating this to those who work ten-hour days; if someone gets fifteen vacation days then it would actually translate to twelve-point-six days at ten hours per day.  If the employee’s job description says the employee works four ten-hour days then a full day for vacation should be ten hours.  Chairman Dougherty agrees the Board could take a look at this; the Board could have a work session to discuss it but he doesn’t know when to have it.  There have been no issues with paychecks for vacation pay.  

Office Administrator Falcey noted that employees who work ten hours per day got twenty hours of personal time while the rest of the employees only got sixteen hours of personal time for 2012.  Chairman Dougherty noted if people feel they are getting shortchanged the town could handle it as hours from the beginning; the town can’t just handle days as hours; the Board needs to get to the bottom of that.  The Selectmen can schedule a work session tonight or do so at the next meeting.  

Selectman Thompson wondered if the town hasn’t always had people working ten hours per day; the Police have worked ten hour shifts since at least 2004 however the Highway Department works ten-hour shifts in the summer and eight-hour days in the winter; hour tracking was flexible and worked well for them.  On page 15 the policy states those employees who work four days then one week is the equivalent of four days; those who work five days will get five days.  If a person gets ten days times ten-hour days that employee gets one-hundred hours of vacation time while the employee who works eight-hour days times ten days gets only eighty hours; it’s not equitable; the other person gets two extra days.  

Chairman Dougherty reiterated this is the way the policy is written; Office Administrator Falcey pointed out there are other things in the policy that the Board is not enforcing; the Board can’t pick and choose what they want to adhere to in the policy.  

This became an issue this year because a police officer had fifteen days of vacation but no longer had any time after only twelve ten-hour days off.  

Jerry Dougherty asked if the town has many employees complaining about this policy which was negated.  

Office Administrator Falcey reiterated her concern is the inequity of the hours.  

Gino feels the Board should just change vacation time accrual and tracking to hours.  

The Board agrees this needs further discussion but it’s not imperative to do work session between now and the vote.  

  • Job Descriptions  Chairman Dougherty noted that at the last work session the Selectmen finalized the job descriptions for the Department heads.  Office Administrator Falcey is concerned with the title of her job description as Office Administrator/Administrative Assistant; she has a letter that gives the title of what she was hired as.  She doesn’t agree with the job description as presented; she didn’t get a chance to review this like the other department heads; the description says nothing about her duties in welfare administration.  Office Administrator Falcey would also like to know what templates were used because the minutes don’t make it clear.  
Selectman Thompson noted the Board worked on the job descriptions pulling from three different templates; the Board has created these because the town didn’t have them; it’s an important part of getting Jackson’s books in order; these job descriptions are not to list every specific detail of work an employee has; the Board is creating these for the town; to be a responsible employer.  

Office Administrator Falcey noted the Board shouldn’t have a different process for different people; the other department heads had their job descriptions reviewed with them; she did not.  Approval of these job descriptions can be put off to the next meeting so Selectman Allen can meet with Office Administrator Falcey.  

Selectman Thompson noted the templates the Board used were the Office Manager; Town Administrator and the Administrative Assistant templates; they borrowed from all three.  Office Administrator Falcey feels her job description needs to be adjusted to accurately reflect what is done; she wondered if Ella is an Administrative Assistant; it was noted that no town employee has a job description; the Board wanted to develop them for the Department heads so their duties and role were understood; then the Board will work on Ella’s as well as the staff under the Road Agent.  The Board is not developing a job description for police officers.  Office Administrator Falcey noted Ella is working thirty-two to forty hours a week as an assistant to Office Administrator Falcey; she wants to know why the Board would have her job description title be Administrative Assistant, too.  Chairman Dougherty noted there is a misunderstanding here; back when Tracy Scranton held the position she was called an Administrative Assistant; Office Administrator Falcey countered Tracy’s title was Town Administrator.  

Jerry Dougherty III noted that in a number of his capacities he has written job descriptions and he never negotiated with an employee over a job description.  Office Administrator Falcey noted she is not negotiating; she has a problem with the process the Board used in developing her job description because that process was different for the other department heads.    

  • Unseal Lewis Litigation Non-Public Session Minutes  The Board members have not had time to finish reviewing these minutes.
  • Shaw & Chase water drainage matter  Chairman Dougherty has not yet talked to Town Counsel about this.  
  • Right to Know Law – Implementation of Non-Public Session Checklist Form  The Board never formally adopted the checklist; it was agreed this is a good form to use when going into Non-Public Session.    
Selectman Thompson, seconded by Selectman Allen, made a motion at 6:28 p.m. to go into Non-Public Session in accordance with RSA 91-A:3 II(e) to discuss an Elderly Exemption Application.  The motion passed unanimously.  

  • Non-Public Session – RSA 91-A:3 II(e) Elderly Exemption Application
The Board returned to Public Session at 6:48 p.m.

Selectmen Thompson made a motion to seal the minutes of the Non-Public session based on a matter related to reputation, seconded by Selectmen Allen, and passed unanimously.

  • Non-Public Session – RSA 91-A:3 II(a) Personnel Matter
Selectman Thompson, seconded by Selectman Allen, made a motion at 6:49 p.m. to go into Non-Public Session in accordance with RSA 91-A:3 II(a) to discuss an personnel matter.  The motion passed unanimously.  

The Board returned to Public Session at 7:19 p.m.

Selectmen Thompson made a motion to seal the minutes of the Non-Public session based on a personnel matter, seconded by Selectmen Allen, and passed unanimously.

The meeting was adjourned at 7:20 p.m.


Respectfully submitted by:

Martha D. Tobin

Recording Secretary