MINUTES OF EMERGENCY MEETING
BOARD OF SELECTMEN
July 7, 2004
The Board of Selectmen met at 5:00 P.M. with Chair Walter Joe Roach and Selectmen David I. Grasfield, William A. Heitin and Town Administrator Benjamin E. Puritz
Others present: David I. Clifton, Recreation Director, and Jackie Connors, Assistant Recreation Director
VOTED: (Roaches/Grasfield) Voted unanimously to enter into Executive Session to discuss and receive an update on this matter
Personnel Matter - Recreation Department Employee
An Emergency Meeting was posted for this date to discuss information posted on a website @perverted-justice.com related to a Recreation Department Employee.
Town Administrator Ben Puritz began by stating that this was not a disciplinary proceeding and that the employee does not have notice of this meeting.
Executive Session Minutes
Ben Puritz stated that the record of this meeting may be part of an adjudication procedure or subpoena. He further added that it may not be proper to discuss matter without notification to the subject of the personnel matter and the subject’s ability to have an attorney present.
Selectman Grasfield proposed exiting the Executive Session immediately. Selectmen Heitin and Roach concurred. Ben expressed concern that re-entering Open Session would make the minutes of the meeting a public record. Selectman Grasfield asked what Town Counsel’s advice had been. Ben indicated that this meeting was scheduled on short notice without his involvement; therefore, he did not have the opportunity to consult with Town Counsel re same. The Board sought the opinion of Town Counsel before proceeding.
Dave Clifton stated that he had met with the employee at the office in the Recreation Center at 4:30 P.M. this date and provided him with a letter advising him that he is being placed on administrative leave while this matter is under investigation. In answer to the question, he stated that he did not inform the employee of this emergency meeting at 5:00 P.M.
The Board discussed returning to Regular Session and opening the door. It was decided that the Board should seek advice of legal counsel. Calls were made to Labor Counsel Michael Lehane and to Town Counsel’s Office’s and messages were left.
Other items were discussed during this period, including a reference to Monday night Finance Committee meeting, and an inspection of the community center ceiling with the insurance adjuster. It was stated that the insurance company would provide some up-front money in the amount of $50,000 - $70,000.
Attorney Lehane telephoned back. Ben Puritz advised Attorney Lehane that the person has retained counsel, Attorney Henry Katz, that the purpose of going into executive session was for fact updates and that the subject does not have notice of this meeting.
Attorney Lehane was placed on “speaker” phone so that everyone could hear. Mr. Lehane advised:
he has issue with an “emergency meeting;”
concerned with protecting the Board from any criticism or legal difficulties;
since subject is not working, there is no risk involved and nothing the Board can do tonight that could not be done tomorrow or the next day;
before consideration of any disciplinary action, employee has right to 48-hour notice and the right to waive the Executive Session and to discuss in public;
if the Board meets to discuss the matter and takes no action, where is the emergency;
Ben Puritz could brief the Board individually by EMail or in private conversations;
EMAILs are part of the public record and should be copied to the Town Clerk; and,
strongly urged reconsidering having emergency meeting and cautioned against going into Executive Session.
Town Administrator Ben Puritz advised Attorney Lehane that the Board had voted a few minutes ago to go into Executive Session. Attorney Lehane advised that the minutes reflect that he advised that the matter is not an emergency within the meaning of the Open Meeting Law and that the Board should adjourn without taking action. He stated that the Board should go back to Open Session and take a vote to make the minutes of the Executive Session public. He further stated that his understanding is that the individual involved is not working, on Administrative Leave, and does not have contact with the youths of the Town in any official capacity.
VOTED: (Grasfield/Heitin) Voted unanimously to adjourn Executive Session.
Reconvene in Open Session
The Board reconvened in Open Session at 5:30 P.M.
VOTED: (Grasfield/Heitin) Voted unanimously to make the minutes of this meeting public as soon as they are ready.
Adjourn Meeting
VOTED: (Grasfield/Heitin) Voted unanimously to adjourn the meeting.
Grasfield, aye; Heitin, aye; Roach, aye;
The meeting adjourned at 5:32 P.M.
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