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Minutes 6-17-09 Special Meeting

The Board of Selectmen held a special meeting on Wednesday, June 17, 2009 in the meeting room at the C.H. Booth Library, Main Street, Newtown, CT.  

CALL TO ORDER:  Selectman Mangiafico called the special meeting to order at 3:00 p.m.

PRESENT:  Selectman Paul Mangiafico, Selectman Herbert Rosenthal.

ALSO PRESENT:  First Selectman Borst, Police Chief Kehoe, Attorney Murray, Carolee Mason, a court reporter, many members of the public and two members of the press.

The following motion was read by Selectman Rosenthal:

Motion re:  Modification of First Selectman’s Decision:

The testimony and documents presented during the evidentiary portion of the hearing held by this Board pursuant to Section 5-80(d) of the Town Charter concerning the discharge of the Municipal Animal Control Officer, Carolee Mason, showed that there were clear, significant, and serious deficiencies in her performance of a broad range of duties and responsibilities of the position of Municipal Animal Control Officer.

Despite that, upon deliberation, I move that the decision of the First Selectman to terminate the employment of Carolee Mason as Municipal Animal Control Officer be modified, and that Carolee Mason be reinstated to the position of Animal Control Officer of the Town of Newtown effective Monday, June 22, 2009, subject to the following conditions:

(1)     Following her reinstatement, and with such guidance and training from her       supervisors as may be appropriate, Carolee Mason must demonstrate clear,        significant and sustained improvement in her performance of all the duties and  responsibilities of the position of Municipal Animal Control Officer.

(2)      The discipline imposed on Carolee Mason shall be reduced from termination of   her employment to suspension without pay for a period of three weeks.

(3)      For the period from April 1, 2009 to June 22, 2009 that is not included in the         three weeks of suspension without pay, Carolee Mason should receive back pay    at her regular rate of salary at the time of her termination, less any amounts that     she has received after April1 for unemployment compensation, and less   withholdings and other proper deductions.  Payment of any back pay to Carolee   Mason shall also be subject to any and all required approvals by the appropriate        Town fiscal authorities.




(4)      If there are any further incidents of deficient job performance by Carolee Mason,
           including but not limited to any failure to demonstrate clear, significant and       sustained improvements in her performance of the duties and responsibilities of         Municipal Animal Control Officer, she shall be subject to such discipline as the        First Selectman may deem to be appropriate, up to and including termination of  employment.

(5)      Carolee Mason’s participation in the Town’s Pension Plan following her         reinstatement, if she chooses to do so, is subject to her repayment of any      amounts distributed to her from the Pension Plan following her termination and  also her payment of any required        employee contributions, as well as any other            terms and conditions of the Pension Plan.

(6)      Carolee Mason’s participation in the Town’s benefit plans following her     reinstatement is subject to the terms and conditions of the plans.
                        
Motion seconded by Selectman Mangiafico.  Both were in favor.

Having no further business, the special meeting of the Board of Selectman was adjourned at 3:07 p.m.


Respectfully Submitted,

___________________________
S. Marcinek, Clerk