Select Board Executive Session Meeting Minutes 11/28/23

Minutes of the Monterey Select Board

11/28/23 – Executive Session

Location: Town Hall

Select Board members present: Justin Makuc, Chair; Susan Cooper; Frank Abbott

Justin made a motion to enter Executive Session during the Open Session meeting: “that the Board vote to convene in Executive Session for purpose two, discussing negotiation strategy for potential negotiations with the Town Administrator, specifically whether to pursue a contract and the details of a contract; to not allow anyone other than Board members to participate in the discussion; and to convene in Open Session after the conclusion of the Executive Session.” The motion was seconded, and voted on:  Frank, yes; Susan, yes; Justin, yes. The motion carried. The Board entered Executive Session at 6:38pm.

Justin reviewed Town Counsel’s guidance on what discussion topics are permissible during this executive session: “In the course of the discussion, you can discuss whether to pursue a contract and the details of a contract. You are not supposed to conduct her professional evaluation in ES, but to the extent that you think some of her actions as TA affect or inform what you may want to do with a new contract, it may be discussed. The line will be blurred; you just want to keep the focus on how the review of her work affects the contract.”

Justin reviewed the options that the Board has regarding the Town Administrator contract. The current Town Administrator contract expires February 28, 2024. Justin asserted that there are three main options:

1. Renewal of contract
   1. Negotiations would include the term length and all details. Town Counsel could help draft contract with direction from the Select Board.
2. Non-renewal of contract; at-will employment – beginning February 29, 2024
   1. The Town could continue to employ the Town Administrator on an at-will basis indefinitely; or,
   2. The Town could post the job and open up the position for applications. After recruitment and interviews, the Board could decide to hire a new candidate, or the Board could decide to continue to employ the current Town Administrator either as an at-will employee or with an employment contract.
3. Non-renewal of contract; termination of employment – February 29, 2024
   1. The Town could post the job, accept applications, interview qualified candidates, and hire a new Town Administrator effective February 29, 2024.

All members of the Board discussed the various options and agreed that they did not have their minds made up or set on any one outcome.

All members of the Board agreed that if a new contract were to be negotiated with Melissa as Town Administrator, it should be associated with a job description that more clearly states what authority the TA is granted and makes clear the performance areas we believe need to be improved.

Frank suggested guardrails which he has seen in other contracts. Justin suggested a one year contract. Susan spoke in favor of monitoring performance through specific objectives in a contract.

The Board discussed the possibility of keeping Melissa as Town Administrator as an at-will employee. Justin supported the idea of at-will employment because it does not give the employee extra protections, and gives the Board the opportunity to hold the employee accountable immediately. Frank noted that some contracts can hold employees more accountable than at-will employment. Frank asserted that an executive position like this position should always come with a contract, and should not be at-will.

All members of the Board agreed that the current contract between the Town and Melissa Noe is a poorly written contract, and that a new contract, if one is to be offered, should be entirely different.

The Board discussed how Melissa’s performance related to whether the Town should pursue a contract with her.

Justin said that he has seen incremental improvements in Melissa’s performance, but he envisions a Town Administrator that can manage the day-to-day of the Town with minimal issues and he doubts that Melissa can effectively fill that new role. He said that the Board can either offer Melissa a new contract and settle for incremental improvements, or advertise for a Town Administrator, which has notable risks but also a potential reward. Justin would like to see the Town Administrator manage most of the day-to-day functions of the Town including contract negotiation and employee management, which would allow the Board to focus on the bigger picture for the Town. Justin stated that based on Melissa’s performance, he does not trust her to offer her a long contract with more authority and expect good results in the Town Administrator position. Justin wants the Board to be able to trust whoever is the Town Administrator, with minimal day-to-day oversight.

Frank said that the Town is running okay now, but he wants to take the organization to the next level of professionalism.

Susan said that she has seen improvements from Melissa during her time on the Board, but she does understand the concerns with Melissa’s performance and how they affect the Board’s willingness to renegotiate a contract with Melissa.

The Board discussed expectations and concerns regarding fiscal management, employee management, and fair administration.

The Board discussed whether to post the Town Administrator job and strategies moving forward. The Board discussed the risks and possible rewards of non-renewal of Melissa’s contract and posting the job for applicants.

Susan noted that the market for Town Administrators is difficult and Towns have struggled to find qualified candidates. Susan explained her experience on past search committees for part-time Town Administrators for the Town. Susan also said that Blandford went eighteen months without a Town Administrator, and only now is interviewing a candidate. Susan said that if the Board is going to find a skilled Town Administrator, it should probably expect to raise the salary range.

The salary range that the Board expects to offer a new Town Administrator was discussed. Justin noted that the Board could potentially ask the Finance Committee for a reserve fund transfer or call a Special Town Meeting if the Board wanted to hire a Town Administrator candidate for more than is currently budgeted. The Board discussed budgeting $100,000 or more for a skilled Town Administrator. Justin said that he thought it would be worth the money to find a Town Administrator that could fill the re-envisioned role as laid out in the job description. Susan noted that if the salary range is advertised, Melissa’s current salary (plus COLA) should be the low end of the range in the case that Melissa is chosen to remain as Town Administrator.

The Board discussed contingency plans in case the Board decides to post the job and Melissa resigns immediately, rather than serve out the final three months of her contract.

The Board generally agreed that posting the job came with certain risks, but it was the right decision in order to see if there was a qualified candidate who could take the Town Administrator position in Monterey to the next level.

Two motions were drafted and discussed by the Board. The members agreed to make the motions after reconvening in Open Session, rather than making the motions in Executive Session.

1. The Town will not renew the employment agreement with Melissa Noe, and continue Melissa Noe as an at-will employee beginning February 29, 2024.
2. The Town will post the Town Administrator job and open up the position for applications. After recruitment and interviews, the Board will decide whether to hire a new candidate or continue to employ Melissa Noe as Town Administrator either as an at-will employee or with an employment contract.

A motion was made to adjourn the Executive Session and reconvene in Open Session. The motion was seconded, and voted on:  Frank, yes; Susan, yes; Justin, yes. The motion carried. The Board exited Executive Session at 8:23pm, and reconvened in Open Session.

Documents used at the meeting:

1. Summary of options prepared by Justin Makuc