Minutes
Board of Selectmen Meeting
January 4, 2005
Selectmen John Clayton, Jr., chairman, Kathleen K. Farrell, Edward R. Perry, Jr., Carole A. Makary, Janet G. Wheeler, Town Counsel, Karen Meyer, and Linda Hathaway, Town Clerk and recording secretary, were present when Mr. Clayton called the meeting was called to order, at 7 p.m.
Action/Discussion
Mr. Clayton explained that the purpose for this meeting is for the board to decide how it wants to proceed with the process to investigate and hear a grievance against a sitting selectmen, made by an employee, under Section 17 of Stow’s Personnel Bylaw, Grievance Procedure. Generally, involvement of the Board of Selectmen is at the final step in the grievance process not at the start of the process, which it is in this situation. The grievance will not be heard at this meeting.
The grievance is against Ms. Makary and she is represented by counsel, Mark Burrell, who is also in attendance. Ms. Makary remained at the table for the duration of the meeting.
In Mr. Clayton’s opinion, there are two options to handling this matter, either the board hears the grievance as a sitting board or it hires a professional hearing officer. Mr. Clayton prefers hiring a separate hearing officer as this situation may hinder the board’s ability to work effectively in the future, which would not be good for the board nor the town.
Ms. Farrell inquired as to the process with a hearing officer. Ms. Meyer explained that the hearing officer will gather evidence from witnesses, prepare a report, and make recommendations to the board. The board will make the final decision.
Ms. Wheeler inquired if other steps were taken to mitigate this grievance. Mr. Clayton became aware of the grievance when he received the letter and has had no contact with the employee regarding the grievance before or since.
Ms. Wheeler inquired about the costs incurred for town counsel and whether the costs are employee or board related and from which line item expenses will be paid. Costs incurred from this process will be from the budget line item for legal expenses. It is Ms. Wheeler’s opinion that the process not incur additional expenses.
Ms. Makary asked the board to clarify if the grievance process was at step one or step two. It was determined that the board was at step two in the grievance process since it acts on its own without a department head. Ms. Meyer explained since the Board is an elected body with each member having the same vote the chairman does not sit as the department head.
Mr. Clayton stated the board received an extension from the employee until the end of January to hear the grievance. He forwarded notice of the extension to other members of the board when he received it. Ms. Makary states she did not receive it previously and requested a copy of it. Mr. Clayton provided a copy of what was sent to the other board members. Ms. Makary inquired for the need for the extension. Ms. Meyer only explained that it was properly done.
Mr. Clayton calls for a motion. Ms. Wheeler says she will make the motion “I recommend the Chairman write a letter to the employee in accordance with Mass General Law Chapter 39 and the Town’s Personnel Administration Bylaw, Article 11, Section 17 that the grievance has no merit in that the points within the "grievance" deal with items that transpire as a part of the Board of Selectmen's meetings. As a matter of process, the Chairperson should also review, with the employee, the job description. Furthermore, I find it just a little difficult to believe this situation had to reach this level with a Chairman that has 16+ years of experience on the Board of Selectmen. Seconded by Ms. Makary. Discussion: Ms. Farrell states, “the steps of the grievance are unfortunate but it is serious.”
Mr. Clayton calls for the vote: In favor- Ms. Wheeler and Ms. Makary. Opposed - Mr. Clayton, Ms. Farrell, and Mr. Perry. Motion fails.
Mr. Perry moves the board hear the grievance by appointing an independent hearing officer. Seconded by Ms. Farrell. Discussion: Ms. Farrell states, ‘This is a serous matter brought by an employee. Clearly there is friction amongst members of the board and an impartial party would be more effective.’ In favor – Mr. Clayton, Ms. Farrell, and Mr. Perry. Opposed- Ms. Wheeler and Ms. Makary. Motion carries.
Mr. Perry moves that we ask the town administrator in conjunction with town counsel to find a hearing officer. Seconded by Ms. Farrell. In favor – Mr. Clayton, Ms. Farrell, and Mr. Perry. Opposed – Ms. Wheeler and Ms. Makary. Motion carries.
Meeting adjourned at 7:20 p.m.
Respectfully submitted,
Linda Hathaway, recording secretary
Approved as amended, January 11, 2005
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