Back to Board of Selectmen Meeting Minutes
February 4, 2010
Regular Session 7:05 pm
Ms. Burns, Mr. Rabuffo, Mr. Riley
Questions from the Public
Mr. Reeves reported that the Police Department, in his opinion, may be recording outbound calls without prior notification. He also submitted a public records request for emails on the Ward Street Fields sent to Selectmen’s private email accounts. Mr. Reeves requested that the policy of allowing department heads the knowledge of public records requests be changed since this can be very intimidating when speaking to department heads.
Police Dept Awards
Chief Mills reported that Courtney Palick has been a tireless advocate for the use of seatbelts ever since her family survived a horrific crash on Old Colony Hill. Although Ms. Palick and her children were unhurt the car in which they were traveling was destroyed. He presented Ms. Palick with a certificate of appreciation for her efforts.
In other business Chief Mills said that he and retired Deputy Chief Charles Souther had started their Police Department careers together in 1977. The Chief recapped Deputy Chief Mills career and presented his good friend a special badge in recognition of his service to the town.
The Board voted, by roll call vote, to adjourn to executive session for purpose of discussing collective bargaining and to return to open session in approximately 15 minutes.
Mr. Riley – yes
Mr. Rabuffo – yes
Ms. Burns – yes
Open session recessed 7:20
Open session resumed 7:40 pm.
Recreation Commissioner Request for Finding
Ms. Burns explained that Recreation Commissioner Tory Dolan gives fitness classes and does personal training at the fitness center. Ms. Burns said she had read C. 268A which deals with Conflict of Interest. One section of the Conflict of Interest Law states that the section does not apply if an employee is a special municipal employee and, as such, files for and is granted an exemption by the Board of Selectmen.
Ms. Dolan said she currently works as a personal trainer in the fitness room. She explained that the Recreation Commission voted without her being present to charge $50 per client for a personal training session. She receives $40 for each of these sessions. Ms. Dolan also teaches fitness classes at charge of $8 each, for which she receives $5 per person.
Ms. Burns noted that when the Board of Selectmen was looking for someone to fill an open slot on the Recreation Commission she had concerns about Ms. Dolan’s role as an instructor. Ms. Burns said the concept appears to be that you are supervising yourself. She noted that this has gone on for a period of time. Mr. Riley remarked that it’s the perception that is a problem. He said he had been an elected official for 25 years and in those years he gave up a tremendous amount of work because of his position as an elected official. Since he became Selectmen his company has not plowed or done work for the Highway Department. He said that in public office the appearance of conflict is not good.
Ms. Dolan responded that everyone in Town knew that she worked at the Rec when she was running.
Ms. Burns said there is no way around the fact that Ms. Dolan works for someone who works for her. The Recreation Director has complete control over when, where and how much she gets paid. This puts the Director in a very difficult position. Another concern is Section 21a – “..no member of a municipal commission or board shall be eligible for election to a position on a board unless approved by town meeting.”
Ms. Burns pointed out that the letter from the Ethics Commission indicates that Ms. Dolan has a contract with the Town to rent space which she uses to offer services to clients. Ms. Burns noted that the programs are advertised in the Recreation brochure and the money goes to Recreation. This does not fit the description of renting space.
Ms. Dolan suggested the Board could contact the Ethics Commission directly. Ms. Burns explained that the Board could not do that under the law.
Recreation Director Mark Thorell said Ms. Dolan has had the same classes and same hours for a number of years. She has not used leverage to get more time, etc. The Board said that no one has ever suggested that Ms. Dolan is using her position in this way but it does put the Recreation Director in a very difficult position.
Frank Jones said that when Ms. Dolan ran for office no one said this was a problem. Then she was elected. Subsequently she had a meeting with Mr. Rabuffo and Mr. Toomey and it was said that this legal if the Board of Selectmen voted an exemption. Ms. Burns commented that there are no standards in the law as to how the decision is made.
Mr. Rabuffo said this hearing should have taken place at the beginning of Ms. Dolan’s term but it did not. Nothing was done until the Board started the discussion because the issue was not brought to the Board. There is no question of impropriety. This creates precedent it just doesn’t look right to report to yourself.
Mr. Dolan said this is an interesting dilemma. The law states there is an option if the Selectmen approve. The one sticking point is the reporting structure. There must be other ways of changing the reporting structure so there would be no way she reported to the Director. Mr. Dolan said this has nothing to do with income and everything to do with Ms. Dolan’s love of the Town. He commented that accommodation have been made for other people in town, as in the case of the DPW. Bob Keyes said that everyone knew Ms. Dolan was a trainer when she was running for office. He said she is paying rent in a way and using the room to conduct her classes. Other residents spoke in support of Ms. Dolan’s dual role.
Mr. Bosworth said there is an opening to give the Board the subjectivity to make a decision. These decisions are made on a case by case basis. He suggested that the ethics rules allow the room to make a decision. Ms. Burns mentioned that the Board would not be sitting here if people had not raised concerns about this issue. Mr. Riley said he is sure that Ms. Dolan is a great trainer but she has to weigh whether to be a trainer or a commissioner and make a decision. He agreed that it is not only perception but will also set a bad precedent. Mr. Rabuffo said that people have brought this to the Board’s attention. He noted that he had just heard from Ms. Dolan’s husband that it is not the money so it is his recommendation that she give up the position as trainer and stay on the Commission. Ms. Burns said that she felt the current structure puts the Recreation Director in a difficult position and she would not be prepared to vote an exemption. If some other type of arrangement is achieved it might be possible to but at that this point she would not vote an exemption.
Voted - to deny an exemption under C. 2568A sec 20A.
Voted - to sign a Mitigation Agreement with Hingham Campus, LLC (Linden Ponds) for an easement and installation of a life safety communications system at Linden Ponds.
Voted - to grant a temporary liquor license to Sally Davenport for a benefit concert to be held at the South Shore Conservatory of Music on February 14, 2010.
School Department Budget
Dr. Galo gave an in depth presentation of the proposed School Department Budget.
The Board and the Advisory Committee asked for clarification on several items.
Meeting adjourned 11:00 pm.
Betty Foley, Clerk