Board of Selectmen Minutes

Board of Selectmen                              Present:        Curtis Plante

July 11, 2008                                                   Kenneth F. Troup

                                                                Stanley Wysocki

                                                Jodi Ross, Town Administrator

                                                Linda L. Day, Town Secretary

The Board of Selectmen met at the Town hall at 12 noon.

Mr. Plante reported that he received an email from Julie Costello, Town Accountant regarding a warrant item to pay Ms. Ross her deferred compensation in the amount of $4,000 as of July 1, 2008.   The last day of employment for Ms. Ross is August 8, 2008.   According to the employment contract between the Town of Bolton and Ms. Ross, the town shall contribute $8,000 to the deferred compensation account annually in two payments made on or about July 1, 2008 and January 1, 2009.   The question was raised as to whether the deferred compensation payment should be made in full or the payment should be pro-rated.   Mr. Plante spoke with Ms. Ross regarding this matter on the evening of July 8, 2008 to see if it had been resolved or if it needed to be discussed.   

A legal opinion was requested from Mirick O’Connell, labor counsel, on behalf of the town, to interpret the employment contract regarding the deferred compensation and vacation due to Ms. Ross.  Ms. Ross noted that she does not fall under the personnel bylaw and the employment agreement prevailed over any conflicting personnel provisions of the town bylaws.  The opinion from Mirick O’Connell stated that Ms. Ross was entitled to the July 1, 2008 deferred compensation payment of $4,000 and entitled to receive full compensation for any unused vacation days at the time of her separation from the Town.

Mr. Plante questioned whether or not the opinion from Mirick O’Connell was a conflict of interest as Mirick O’Connell may have worked with Ms. Ross in negotiating her employment contract with the town of Bolton.   

This is what prompted Mr. Plante to contact Town Counsel Brackett and Lucas for a second legal opinion as he wanted to be fair to Ms. Ross and the Town of Bolton.   Mr. Plante stated that a contract assumes two parties work together for a year and it was therefore his opinion that the person is entitled to their compensation package of 1/12.  He did not feel the language was clear enough to make a decision.  

It was the opinion of Mr. Troup and Mr. Wysocki that the language in the contract was very clear and that Ms. Ross was entitled to payment for both the deferred compensation and any unused vacation days.  They agreed that going forward they could negotiate language in employment contracts differently.

The request for payment was held and not paid which the Selectmen were not aware of until this morning.  Mr. Troup expressed his dissatisfaction in the fact that action to not make the payment took place before any discussion with the Board of Selectmen.  Mr. Plante stated he agrees that the question needed to be raised and that he is not challenging the fact that Ms. Ross has done a great job for the Town.  

Chief Alfano speaking as a department head, professional and resident expressed his concerns that the integrity of Ms. Ross was being questioned.   He was concerned with employee retention if the Selectmen were to renege on contracts.

According to Ms. Madden, Treasurer/HR Director vacation is accrued monthly.  Mr. Troup noted that it has been past practice to pay employees leaving the Town of Bolton for vacation that had been earned and Ms. Ross is looking to get paid for vacation in the same way other employees have been paid.

Ms. Ross respectfully requested a decision from the Board of Selectmen before the special town meeting on Monday, July 14, 2008 so that she could protect her own interest.  

A motion made by Troup to approve the deferred compensation payment of July 1, 2008 and pay the 4 weeks vacation time due Ms. Ross per the employment contract was not seconded.  Mr. Wysocki stated that although he agreed that Ms. Ross was due the compensation and vacation payment he was willing to wait for the opinion of Brackett and Lucas on Monday, July 14, 2008 since Mr. Plante had already made the request for opinion.

On a motion made by Troup and seconded by Wysocki, the Board of Selectmen voted to have Ms. Day, Town Secretary forward a formal request for interpretation of the employment contract related to the deferred compensation and vacation pay, and a copy of the employment contract between the Town of Bolton and Ms. Ross to Attorney Brackett and request an opinion by the end of the close of business on Monday, July 14, 2008.   (Plante – yes, Troup – yes, Wysocki – yes)

BREAKDOWN ON RECONSTRUCTING THE DPW BUILDING

The Board of Selectmen received an estimate for the repairs to the DPW building.  

Mr. Plante and Mr. Troup were satisfied with the estimate.  Mr. Wysocki had not reviewed the information and will do so following the Board of Selectmen’s meeting.

On a motion made by Troup and seconded by Plante, the Board of Selectmen voted to move forward with payment pending any feedback that Mr. Wysocki might have.  (Plante – yes, Troup – yes, Wysocki – yes)

On a motion made by Troup and seconded by Wysocki, the meeting was adjourned at 1:25 p.m.   (Plante – yes, Troup – yes, Wysocki – yes)

Respectfully submitted, Linda L. Day