Select Board Amended Meeting Minutes 10/6/21
Amended Minutes of 10/6/2021
Date: 10/6/21
Time: 6:00pm
Place: Town Hall Meeting Room and virtually on GoToMeeting
Select Board Members Present: Steve Weisz, Chair ; John Weingold ; Justin Makuc
The meeting opened at 6:00pm. The Chair introduced Town Counsel Attorney Brian Riley, of KP Law. Brian was welcomed by the Board and made a few remarks.
The Chair announced that the Board had just received a letter from Attorney Hennessey from the law firm of COHEN KINNE VALACENTI & COOKE. The Chair read the letter aloud. The letter demanded that the Town Administrator, Melissa Noe, whom as the letter attested was put on ‘Administrative leave’ during a previous meeting, be immediately reinstated as Town Administrator. The Chair acknowledged the unusually large crowd (in person and via GoToMeeting @ 70 people total) and opened the floor for discussion.
Several members of the public made inquiries as to why Ms. Noe was placed on Administrative Leave, and expressed concern about how administrative tasks like payroll, procurement, and ordering supplies would be completed if Melissa was not in the office. Justin informed the public that all discussions about Ms. Noe and ‘Administrative leave’ were done in Executive Session and thus, could not be discussed in public. Justin informed the public that the facts at hand could not be discussed because they were confidential and subject to standards of confidentiality. Some members of the public said that they did not care about the facts that could not be discussed, they just wanted Town business to keep running and that keeping Melissa in the office was the way to do that.
The Chair made a motion to reinstate Ms. Noe. There was no second and the vote failed.
Additional members of the public made comments and questioned why the Town Administrator was placed on leave. Members of the public and Town employees questioned how Town business could be done if Melissa was not in the office, and questioned whether or not they would be paid.
Members of the public questioned how an employee could be placed on paid administrative leave without proven cause. Town Counsel stated that paid administrative leave is an administrative action that does not require cause and is used on a case-by-case basis for a number of different reasons, but the particulars of this case could not be discussed in Open Meeting.
The Chair made another motion to reinstate Ms. Noe. There was no second and the vote failed.
A pattern of public discussion and the Chair making a reinstatement motion transpired. The public and Town employees continued to raise concerns about the day to day functioning of Town Hall if Melissa was not in the office. Justin continued to respond that the reasons for placing Melissa on paid administrative leave were confidential and could not be discussed by the Select Board in an Open Meeting, without at least offering Executive Session to the employee. Justin remarked that employees are always offered Open Meeting to discuss their personnel issues and forego confidentiality if they so desire, but the Select Board must at least offer the Executive Session. Town Counsel supported this notion.
The legality of the discussion and motion to reinstate Melissa from paid administrative leave were discussed, as the item had not been on the agenda. Town Counsel was asked to opine on the subject, and he recommended that the matter be dealt with at a future meeting after being publicly posted on an agenda in accordance with the Open Meeting Law. He recommended against continuing the discussion of Melissa’s paid administrative leave status since it was not on the posted agenda for the meeting.
Kevin Fitzpatrick submitted his letter of resignation from the Highway Department to the Select Board.
John made a motion to adjourn the meeting. There was no second and the vote failed.
More public discussion ensued and the Chair made a motion to reinstate Ms. Noe. Justin seconded the motion. The Board voted 2-1 to reinstate Ms. Noe.
A member of the Fire Company asked that the Board approve a date and time for the Special Town Meeting. A motion was made to have the Special Town Meeting on Saturday, the 6th of November at 1pm. The motion passed 3 – 0.
A motion was made to adjourn the meeting. It was seconded and voted 3-0.
8:15pm
Documents used at the meeting:
- The letter of Cohen Kinne Valacenti & Cooke to the Town of Monterey
- The letter of town counsel from the Select Board to the Town Administrator regarding her placement on paid administrative leave
- Kevin Fitzpatrick’s resignation letter from the Highway Department