Select Board Executive Session Meeting Minutes 2/2/22
Executive Session Minutes of the meeting of 2/2/22
Meeting Opened at: 12:05pm
Select Board Members Present: Steve Weisz, Chair, Justin Makuc
Select Board Members absent: John Weingold
Also present: Melissa Noe
Also present remotely: Corrine Hood Green, Michelle Walsh, Shawn Tryon
Steve Weisz made a motion to go into Executive Session as per MGL Chapter 30A, Section 21.1. The motion was seconded and approved 2-0. The Board confirmed it will return to open session once finished. Roll Call: Steve, yes and Justin, yes. The Board entered executive session at 12:05pm.
The Board met with Attorney Greene to get a status update on the investigation and inquire about how many parties still needed to be interviewed.
Steve expressed concern about the draft invoice provided by Attorney Greene listing those individuals who had already been interviewed and wanted to know why parties such as Shawn Tryon and Kevin Fitzpatrick, who both have complaints against them, have not been interviewed. Attorney Greene did not think it was appropriate for her at this time to discuss the substance or method of the investigation. Attorney Greene thought that these types of questions should be asked after the investigation is complete, if the Board had concerns at that time. Attorney Greene stressed that she would not be divulging any part of her interviews or the status of the investigation right now to protect the independence and integrity of the investigation, but acknowledged that she has all the information she needs and does not feel that additional parties require interviewing at this time. She added that may change as her firm compiles the report, and they may need to go back for more interviews.
Steve stated that he was concerned as a sexual harassment complaint has been filed against Kevin Fitzpatrick and questioned if Kevin had been interviewed. Attorney Greene stated that she had not interviewed Kevin as she had not received any information from Ms. Walker related to the sexual harassment complaint that warrant follow up. Attorney Greene stated that she had received the sexual harassment complaint from the Select Board, but that it did not warrant follow up.
Steve inquired about investigation of the Coburns because the Coburn name appeared on the draft invoice. Attorney Greene said that they were not investigating the Coburns because the Select Board did not ask them to or send them complaints filed against the Coburns. Attorney Greene noted that her firm has unilaterally received several emails and FedEx packages from the Coburns, but that they were not within the scope of the investigation as agreed upon by the Board and Attorney Greene. Steve asked if they had investigated the Coburn threats, as the draft invoice implied. Attorney Greene said they have reviewed the information that the Coburns had sent. Attorney Greene said that the scope of the investigation could be expanded, but to the extent that individuals from the Town have sent in additional information outside the scope of the investigation agreed upon by the Board and Greene, it will not be investigated. Justin mentioned that when we agreed to the scope of the investigation with Greene, we made the scope only Town employees rather than complaints against Town residents who the Board has no jurisdiction over. Steve wondered why the documents were mentioned in the bill. Greene replied that the extra information is still reviewed to do a thorough investigation. Greene has reviewed the extra information from the Coburns to see if it is relevant to the claims which they have been hired to investigate. Greene is not expanding the scope to investigate claims outside of the scope of the investigation as mutually agreed upon by the Board and Greene.
Steve inquired about the complaint against Shawn Tryon and if he had been interviewed. Greene responded that they have not completed their investigation and that it is not appropriate to discuss findings and methods of the investigation while it is ongoing. Greene stated that she would be more than happy to discuss the findings and methods of the investigation after it is complete, but that it is not appropriate to do so at this time. Steve stated that the reason he is asking these questions is because of the request for additional funds, and he wants to ensure that the investigation is thorough and can be finished with the additional funds. Steve wants to get an idea of if the investigation is concluded or not concluded. Greene stated that the questions have been about the methods of the investigation and her judgement, not about a timeline for concluding the investigation. Steve said he wants to know if additional people will be interviewed related to the cost of the investigation.
Steve asked if there will be any additional requests for funds after this request. Greene responded that she is not certain because they are just now compiling information. While compiling information they may feel the need to return and interview more people. Greene stated that they have received 100’s of emails from half the Town, and that the project has spun out of control from its original agreement. Greene has spent time working through the information to determine what is relevant to the agreed upon scope of the investigation. Greene will work out an analysis and conclusion based on the factual findings.
Shawn asked if he has the right to defend himself since he is named in the complaints. Greene asked if that was a rhetorical question. Shawn said he expected a response as he is named in this “sham.” Greene said she did not think it was appropriate to provide a response to Shawn’s question at this time during the investigation, she is not willing to speak to findings at this point. Shawn said he is not looking for findings, he is just asking whether he will be interviewed or not because his name is going to be put in the report and it will reflect on him. Greene did not have a response for Shawn. Shawn addressed the Select Board and said it is disgusting and the Select Board needs to get a handle on it.
Justin asked Greene a question: to the extent that someone may be found in violation of any Town policy or law, will they be interviewed before they are found in violation? Is that typical process. Greene responded that they do not make findings as to whether there has been a violation of law. Greene stated that they make credibility and factual findings, and analyze them to Town policies, and make judgements about the likeliness of a violation, then make recommendations about how the Town may want to proceed forward but they do not make findings as to what action should be taken. Justin asked again: to the extent that someone may have made a violation of policy will they be interviewed for their side of the story? Greene said potentially but that she is not willing to speak to findings at this point. Greene said that they are interviewing all of the people that they feel are appropriate to address the complaints that have been made.
Steve asked about the interviews that have been conducted by two attorneys at the same time. Greene responded that they have both been sitting in on the interviews. Greene said they are both sitting in on interviews, and that she has been receiving several emails. One of the determinations that they make is credibility. Greene stated that Walsh will primarily work on the report.
Justin asked about the request for additional funds: are the $6-7k additional funds for the written report in addition to the $8k or $10k limit? Greene stated that the additional funds are in addition to the $10k only because the additional $2k should be reserved for follow up interviews as the factual findings are compiled. Greene notes that additional work may need to be done as they are compiling the findings. Justin asked Greene if it is fair to estimate the complete cost of the project at $16-17k? Greene said she think that sounds fair.
Steve thanked Greene for attending the executive session, and noted that all of the letters had been sent to the press. Steve stated that emotions are running high. Greene said if there is additional information regarding the harassment complaint please send it to her, because she has minimal information related to the harassment complaint.
The Board returned to open session at 12:26pm
Submitted by:
Monterey Select Board
cc: Website (www.montereyma.gov)
Select Board Members
Minutes Book
Town Clerk
Any documents used in the meeting are listed below and are available by request at town hall.
- Estimated bill from Greene & Hafer to the Town of Monterey