Executive Session Minutes from 8/21/06
9:00am – 10:10am
Present: Michael Storch, Chair, Jonathan Sylbert, Wayne Burkhart, Melissa Noe and Town Counsel Attorney Scully.
Roll call was taken by the Chair. All Select Board members were present. A motion was made by J. Sylbert to go into executive session, seconded by W. Burkhart, and approved unanimously.
Items discussed:
1. The response from Barbara Swann with regards to the Select Boards request for her to attend this Executive Session was distributed to all and read.
2. In her response Barbara Swann refers to the town’s Dog Officer Appointment and Town Counsel’s recommendations (see attached) regarding how the appointment was handled. In her response she denies any wrongdoing and that the accusations made against her regarding not accepting the fines have been falsely made. The minutes from the 7.31.06 Board of Health Meeting (see attached) were read and the board reviewed where the “accusation” was made by the ACO, Nora Hayes when she relayed to the Board of Health what happened when she came in to be sworn in. Attorney Scully stated that it was not her job as the Town Clerk to tell the Select Board if what they were doing is right or wrong.
3. Town Counsel informed the board that Elected Officials are answerable to the voters however the Select Board can investigate any issues that are inappropriate involving any problems in any office and a report can be written that would be included in the annual town report. There is also a statute that states that by town meeting vote and town ballot vote you can change the Town Clerk position from elected to appointed so that there would be more accountability in the position.
4. J. Sylbert asked Town Counsel how to proceed with an investigation into the several matters that have arisen when the Town Clerk has refused to attend any meetings with any Select Board in any public forum. Several Board members have tried to talk one on one with her to discuss the options available and to have her work with the board on a resolution. J. Sylbert suggested thoroughly clarifying investigating the functions of the Town Clerk as a town official and having them written out clearly. J. Sylbert stated that he would like to hold an investigation and make the recommendations & findings public.
5. M. Storch discussed the abuse he suffered from Barbara Swann when he came to discuss the recent situation involving a bond from the Town Treasurer that arose on Wednesday, August 16th. One issue here is why can’t the 2 departments work together? The Select Board has been nothing but accommodating and the Town Clerk’s response has been nothing but rigid and unresponsive.
6. Town Counsel advised the Board that they do have Subpoena power and can subpoena her to a meeting if she has refused all other requests to attend. Their options are to ask her to meet informally to talk about resolving communication issues, to continue the ongoing investigation or to use the subpoena option. W. Burkhart asked Town Counsel what the function of the subpoena would be and was advised that as part of the ongoing investigation it could be used to gather more information on her job description.
7. M. Storch reiterated that the Select Board has not denigrated her in any way and has only asked that there be a regular, continual communication between her department and the Board.
8. J. Sylbert will research online and find the MGL job description and functions for a Town Clerk. W. Burkhart is going to make one more attempt to speak with Barbara and to try to arrange an informal meeting with the entire board to try and amicably reach a resolution.
9. Three companies that offer services in conflict resolution will be called in to present to the Board.
At 10:10am M. Storch called this meeting to a close and it was seconded by J. Sylbert and unanimously approved by the board.
| 