Select Board Meeting Minutes 5/3/22

Minutes of the meeting of 5/3/22

Meeting Opened at: 5pm

Select Board Members Present: Steve Weisz, Chair, Justin Makuc and John Weingold

Also present: Barbara Dahlman, Don Coburn, Mickey Jervas, Gary Shaw, Nancy Tomasovich, Terry Walker, Jeremy Rawitz, Shawn Tryon, Michele Miller, Peter Murkett, Hillel Maximon, Gerry Clarin, Jim Hunt, Katrina Fitzpatrick, Roger Tryon, Frank Abbott, Mary Makuc

Also present remotely: Paula Hartstein, Frank Abbott, Susan Cooper, Heather Bellow, Jon Levin, Peter Grealish, Brian Maser, Janet Maximon, Carly Detterman, Rob Hoogs, Richard Killingsworth, Chief Backhaus, Sergeant Fahey, Emily Johnson

1. A motion was made to appoint Bruce Eichstedt as a Transfer Station Attendant for a 3 month probationary period through 8/3/22. The motion was seconded and unanimously approved.
2. The Board discussed the bill received from Greene & Hafer for the investigation.  The total invoice amount is $5,140 more than the $16k approved ($10k at town meeting and $6k from the reserve fund approved by the finance committee). Steve noted that the final bill includes charges for time spent after the report was initially drafted addressing correspondence from the Clerk, John Weingold, Jon Sylbert and the Town Administrator.  Steve asked where the money would come from, John said “the reserve fund.”  The Board reminded John that reserve fund transfers require finance committee approval. Don inquired if there was an email sent to the investigators letting them know the total we would be paying; Steve said that there was.  Don also pointed out that if the emails sent after the report was drafted were from John Weingold individually then he should personally be responsible for paying that portion of the bill.  Shawn Tryon stated that Greene and Hafer should have to provide all the correspondence and documents that were sent to them so the residents have real transparency about this investigation.  Michele suggested that the Board not accept the report, as she claimed ‘an 8^th grader could have done better especially considering two of the people accused were never interviewed and the bill should be revised for the poor management of the whole project.  Justin did not recall the Board setting a $16k limit on the project. Steve said that he recalls sending it and will provide a copy of the email sent to Ms. Greene, to the Board.  Hillel Maximon expressed concern that the investigators used two attorneys instead of one to interview most of the interviewees costing the town significantly more. Justin suggested taking a week to think about the different paths available.  Steve said the first step would be to ask Greene and Hafer to explain their bill in more detail and provide an explanation as to why there is a $5,140 overage and what the documents and emails were that came from John Weingold after interviews were completed.  Hillel also suggested the Board inquire as to the date and time (start and finish) that each lawyer worked from start time and end time, and why they needed two attorney’s to interview each interviewee.  A motion was made to reach out to the investigator requesting additional information. John suggested asking Attorney Maser his opinion.  Attorney Maser suggested following up with investigator as to why it went over, if the budget did not allow them to finish the investigation a bill dispute could be addressed later.  Peter Murkett stated this is not a normal way to do business, if something comes up that would cost the client more the investigator should have checked in with the Board to see if that was ok and the report should be requested that was completed when we hit the $16k limit.  The motion to reach out to the investigator requesting additional information was seconded and unanimously approved.
3. Executive session: All employees present agreed to have the meeting in open session (Terry Walker, Melissa Noe and Shawn Tryon) to continue discussion on the investigation and any actions to be taken. Counsel confirmed that once the Board chooses to take any administrative action or not the investigation is then closed.  Steve made a motion at the last meeting to close it without any administrative action.  Steve stated that the reasoning behind this motion is that of the 5 employees accused 2 were not afforded the opportunity to be interviewed and defend themselves. John asked counsel if a 2 – 0 majority vote to conduct individual sessions with each subject of the investigation can be overridden by one member?  Attorney Maser stated that the Board could rescind any previous decisions made but that would need to be done in a properly posted meeting.  Justin motioned to propose a final written warning to the Town Administrator based on her conduct, based on the findings of the Report.  Justin said that many people involved share responsibility for allowing the situation to spiral downwards, each in their own way. Justin acknowledged his responsibility both individually and as a member of the Select Board that failed to show good leadership and address problems head on. Justin feels that members of the Select Board will be held accountable for their responsibility in the situation at future elections or recall elections.  While Justin did not agree with the premature release of the unredacted report, he thought that it does allow the voters to assess the performance of their elected officials and vote accordingly. Justin emphasized that while there are many responsible parties who have contributed to the situation, each in their own way, there should be actions which hold employees accountable for misconduct and prevent future bad behavior. Justin further thinks that the report requires immediate action to prevent harassment and retaliation in Town Hall.  Justin made a motion to issue and put in Melissa Noe’s file the proposed final written warning to address the patterns of retaliation, harassment, and coercion found in the Report.  Don Coburn said he appreciates everything Justin said but he does not agree with the contents of the proposed document as Justin has said he wants to follow the employee manual which is clear on being corrective and remedial, with the initial step being a discussion with hopes to bring the employees into compliance not jumping immediately to the second step. Steve is prepared to have a discussion with the employees involved.  Steve said that the report clearly says that multiple people made errors and that is his reason behind refusing to sign the letter when only one employee is being singled out.  Justin reiterated his belief that the Select Board has lacked leadership and has contributed greatly to the toxic situation, but that the Select Board will be held accountable at elections. Steve argued that the investigator made the point that there were no rules (or vague rules at best) so how can you fault someone for breaking rules that aren’t specifically written. Shawn Tryon thanked Justin for everything he said but pointed out that the handbook clearly says how to proceed with disciplinary action and it seems Justin is skipping the verbal warning.  Steve suggested verbally warning all present tonight that this type of behavior going forward will not be tolerated.  Hillel Maximon pointed out that by sidestepping the process Justin would be opening the town and himself personally to a lawsuit. Justin’s motion to issue a final written warning to Melissa Noe based on her conduct as Town Administrator failed due to lack of second. Steve made a motion to close the investigation without any written administrative action.  The motion was seconded and approved 2-0, John did not vote and left the meeting at 5:59pm.

6pm: Budget hearing with Finance Committee

Michele Miller, Finance Committee Chair went line by line on the budget to see if anyone present had any questions about anything.  No one present had any questions.

Michele noted the communication from Sheffield Selectperson Rene Wood regarding the 30% increase to the school’s transportation budget as well as the rebuttal from the school committee.  She suggested that everyone should read it before town meeting.

Michele recommended using the same process for budget prep and if any changes are to be made they should be discussed at the beginning of the fiscal year.  Shawn noted that when he first started 16 years ago the budget process was a disaster but the way it has been the last couple of years has been a much better process, more efficient and friendly.  Susan Cooper concurred with everything Shawn expressed.

Peter Murkett would like to add items to the capital planning with regard to the work the renewable energy working group have been researching which will require a consultant to assist.

The following reserve fund transfers were approved by the Finance Committee 2 - 0:

1. $823.83 to fuel,
2. $265 to insurance and
3. $1342.86 to fuel

A motion was made and unanimously approved to adjourn the meeting at: 6:42pm

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.

1. Greene & Hafer bills
2. Proposed final written warning to the Town Administrator
3. FY23 budget