Select Board Executive Session Minutes 9/28/22
Executive Session Minutes of 9/28/22 – 6:00PM Meeting
Meeting Opened at: 6:00pm
Select Board Members Present: Justin Makuc, Chair, Susan Cooper and Scott Jenssen
Also Present: Terry Walker
Also Present Remotely: Attorney Jared Burke
Susan made a motion to enter Executive Session to discuss potential discipline or dismissal of, or complaints against the Town Clerk (Purpose 1 which Susan read verbatim). Susan suggested that the Board return to open session following the Executive Session should Ms. Walker choose to go into Executive Session. The motion was seconded and unanimously approved. Terry opted to keep the meeting in Executive Session.
Justin summarized Terry’s rights for the record.
Justin explained that the executive session served on September 23rd listed four charges to be discussed and deliberated upon and the process that will be followed. Justin introduced a few documents for the meeting and distributed copies to all parties present.
1) A substantive error with the state primary warrant as originally sent to the Select Board, and its accompanying communications, delays and poor responses;
2) The two month delay in submission of the ATM warrant articles to the AG's office;
3) Revisiting the flow of information to the Clerk’s office regarding elected and appointed officials included in the Boards and Commissions list;
4) A complaint from Rebecca Hart dated 9/21/22 concerning lack of response to her request for an update on her voter registration.
Susan made a motion to forward the above-mentioned four items to the Human Resource (HR) Director to address. Discussion ensued about the proposed memo, drafted by Susan, that addresses the items dealt with at last week’s Executive Session. Scott feels that the proposed memo is a continuation of last week’s meeting. Justin feels that it appears to be a disciplinary letter as issues brought up last week along with how the Board would like to see them resolved.
Attorney Burke stated that both letters signed by Susan for the Executive Session notification mentioned termination.
Susan said that because the content thereof the proposed memo could take one more week to review and revise. Scott suggested giving the proposed memo to HR to vet. Justin felt the process of keeping the Board involved is more onerous but they could go through it tonight, as they did last week, and is ultimately their decision how to proceed regardless of what recommendations the HR Director may make. The four items and proposed memo will be forwarded to the HR Director to review and give her recommendation to the Select Board.
Terry was asked if she wanted to respond to any of the charges which she said yes she wants to. Susan asked if it was being forwarded to HR why it would be discussed tonight; Justin felt that maybe one or all of the items would be removed prior to giving them to the HR Director.
Attorney Burke advised Terry to allow the HR Director to determine whether they are actionable items. Terry stated that at this point she does not know what to do but followed the advice of her counsel to allow HR to review and report back to the Board. An amended motion was made to refer the complaints from this week’s and last week’s Executive Sessions and the proposed draft memo to HR for discussion with Terry and her Attorney if she so chooses and make an evaluation and determination to be presented to the Board at which point Terry may be invited back for another Executive Session. The motion was seconded. Terry asked if the recommendations from the HR Director would be in Executive Session. Justin said any time charges, complaints, discipline, or dismissal are deliberated, the person the complaints or charges have been made against must be invited to the meeting. The motion was unanimously approved.
A motion was made and unanimously approved to adjourn the meeting and return to open session at: 6:36pm
Submitted by:
Melissa Noe, Town Administrator
Approved 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.
- Executive Session notification
- Draft memo re: 9/21/22 executive session