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August 2, 2012
BOARD OF SELECTMEN’S MEETING, THURSDAY, AUGUST 2, 2012

In attendance:  J. Thomas Hurley,  Robert C. Sweeney, Denis F. Keohane, Kevin J. Mearn, Town Administrator,  John Flynn, Town Counsel and Paula Rizzi, Executive Secretary

  • Chairman Hurley convened the meeting at 3:10 p.m. at the Senior Center, 10 Walnut Street and announced the reason for the meeting being to establish employment dates for the Town Administrator and Assistant Town Administrator.
  • Chairman Hurley provided anyone in the audience who wished to speak, the opportunity to do so.  The following residents spoke in response to the Selectmen’s action to not renew Kevin Mearn’s contract:  Commander Robert Burke, 69 Hurlcroft Road, Marjorie Jeffries, 1268 Canton Avenue and Gregory Zazula, 656 Blue Hill Avenue.
  • Robert C. Sweeney read the following motion:
I move that the Milton Board of Selectmen approve the following motion.

1.      Kevin J. Mearn’s employment agreement (the Contract) for the position of Milton  Town Administrator expired on June 30, 2012.
2.      The parties have not extended the term of the Contract.
3.      The parties have not agreed to amend any provision of the Contract and have not entered into any other contract for Kevin J. Mearn to serve as Milton Town Administrator.
4.      Since July 1, 2012, Kevin J. Mearn’s employment as Milton Town Administrator has been at will.
5.      At a public meeting on July 30, 2012, the Milton Board of Selectmen voted by a vote of two (2) members in favor and one (1) member opposed not renew the Town Administrator’s Contract which expired on June 30, 2012 and to begin the search for a new Town Administrator.
6.      At that July 30, 2012 meeting the Milton Board of Selectmen voted unanimously to appoint Annemarie Fagan as Interim Town Administrator, for a period beginning when Kevin J. Mearn leaves his position as Town Administrator until a new Town Administrator is appointed.
7.      Kevin J. Mearn’s employment as Milton Town Administrator shall end today, August 2, 2012, immediately after this vote.  Immediately after this vote, Kevin J. Mearn shall vacate his office, shall remove all his personal belongings from the Milton Town Office Building, and shall deliver to Annemarie Fagan all of his keys and access cards which provide entry to the Milton Town Office Building or to any other building owned by the Town of Milton.
8.      Kevin J. Mearn shall be paid for his service as Milton Town Administrator through August 2, 2012.  Kevin J. Mearn shall be entitled to vacation benefits accrued through August 2, 2012.
9.      Kevin J. Mearn shall not be entitled to any other compensation or benefits, including without limitation severance pay or lump sum payment.
10.     Annemarie Fagan’s employment as Interim Town Administrator shall begin on August 2, 2012, immediately after this vote.
11.     The Chairman is authorized to provide prompt written notice to Kevin J. Mearn of this vote.

       Denis F. Keohane seconded the motion and the Board voted 2-1 in favor of the motion with Robert C. Sweeney voting yes, Denis F. Keohane voting yes and J. Thomas Hurley voting no.

  • J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously at 3:27 p.m.  to adjourn