Sewer Commission Meeting
Wednesday, March 18, 2009
8:04 a.m.
The meeting was called to order at 8:04 a.m. Those present included Commissioners Salerno, Demko, and Spath; Joanne Carpenter; Stephen Dempsey; Mark Harrington, Secretary/Treasurer Local 225; and others who did not speak.
• Hearing of Grievance #10365 filed by Stephen Dempsey:
Chairman Salerno announced that the hearing would be held in executive session and that Mr. Dempsey had the right to refuse executive session and request that the hearing be held in an open meeting
Mr. Dempsey chose to have his grievance heard in executive session reserving the right to reconvene an open meeting following the executive session.
Chairman Salerno described the most recent incident of Mr. Dempsey’s leaving the sewer district for personal reasons during business hours, without permission, at which time he was involved in an accident while operating a town-owned vehicle. Having received two prior warnings regarding leaving the sewer district during business hours, Mr. Dempsey received a final reprimand and notice of immediate termination of his job on March 4, 2009.
Mr. Dempsey explained that he has worked for the Town of Hingham for eighteen years, and that on the date that he last left the sewer district during business hours without permission, he had been called to work for the DPW beginning at 4 p.m. after his regular shift for the Hingham Sewer Commission. Being that his home is within ¼ mile of the sewer district and that he was in the general area, he went home to get clothes to wear while plowing that afternoon and night. He said that he was in his home for a very short time and that when pulling out of the driveway, he was informed by the passenger in the truck that a car was approaching at a speed unsafe for the snowy road condition. He reported that there were eight inches of snow on the ground and that a woman had come over the hill at a speed that did not allow her to avoid hitting the back side of his stopped truck.
Chairman Salerno called for any witnesses. There were none.
Mr. Dempsey recalled that he and Ed Hunnefeld had been reprimanded in April when they had left the sewer district during business hours to pick up food in Weymouth.
Chairman Salerno reminded Mr. Dempsey that there had been a second incident in February when he had gone to the Hingham Police Department on personal business during working hours and that he had received a warning at that time.
Chairman Salerno asked Mr. Dempsey if his employment were reinstated if there would be another incident of going out of the district or conducting personal business while on duty for the Sewer Commission.
Mr. Dempsey replied that there had been “poor judgment on my part.” “I don’t want to loose my job. I’ll do whatever it takes.”
Mr. Harrington stated that the firing of Mr. Dempsey was “the most egregious termination I’ve ever seen.” He said that Mr. Dempsey had been trying to provide a service to the town, that he had worked 32 hours straight for the town. Mr. Harrington took issue over the fact that the disciplinary action did not occur until a month after the incident. He said the Mr. Dempsey had reported the accident promptly, that Mr. Dempsey is a town resident. Mr. Harrington stated that he feels the discipline imposed was excessive, particularly in light of the fact that the other person in the truck at the time received only a one-day suspension. He said that Mr. Dempsey should be reinstated.
Chairman Salerno explained that reprimands and procedures had previously been given to Mr. Dempsey in writing and that he had received three warnings. He further explained that the other individual involved did not have as many incidents and warnings regarding leaving the sewer district during business hours.
Mr. Harrington said that proper procedure would be to give two warnings followed by a suspension as corrective action before a termination.
Mr. Dempsey said he did recall having conducted personal business at the police department when on sewer commission time but did not realize at the time that it was not allowed, saying that he had previously been allowed to do so when he worked for the Hingham DPW.
Chairman Salerno invited discussion among the commissioners regarding the termination.
Commissioner Demko asked if it would be agreeable to reinstate Mr. Dempsey.
Commissioner Spath said that nobody wants to see someone loose a job. He commented that contentiousness seemed to have been escalating in the department and that he hopes the employees will be able to “get back to basics.” He requested that the employees come up with a good way to get along and do their job as they did more than two years ago. He said that he would talk with Supervisor Jim Dow about how the employees work together. He concluded by saying that a reinstatement would be based upon focusing on day-to-day operations.
Mr. Harrington commented that they were “open to mending fences.”
Mr. Dempsey stated that he “hadn’t given any lip” to the supervisor.
Mr. Harrington observed that “Steve needs to get on board with following procedures,” and that he (Mr. Harrington) would talk with him about it.
Mr. Dempsey said, “You have my word.” regarding his future effort to comply with Commission rules and procedures.
Chairman Salerno made the following motion; seconded by Commissioner Demko: That given the present economy, and after reviewing the material and hearing Mr. Dempsey’s testimony, we will reinstate Steve Dempsey to his job with the Hingham Sewer Commission, leaving what has happened as an unpaid suspension and final warning regarding leaving the sewer district or conducting personal business during work time. Mr. Dempsey will be reinstated immediately.” Motion passed by unanimous vote.
Mr. Dempsey inquired if he needs to pay back the town for benefit time (vacation, etc.) for which he was paid. Ch. Salerno instructed him to speak with David Basler, Human Resources, Town of Hingham.
The executive session was concluded and the meeting continued as an open meeting.
Mr. Dempsey stated that he did not feel that it was necessary to continue the hearing with in the presence of those who had come to address his Grievance.
• Minutes of the March 2, 2009 meeting of the Hingham Sewer Commission.
The minutes were reviewed.
Chairman Salerno made a motion, seconded by Commissioner Spath, that the minutes of the March 2, 2009 meeting be approved. The motion passed by unanimous vote.
• Discussion regarding the Warrant Articles for the 2009 town meeting.
Chairman Salerno reported that all three Articles (#41, #42, #43) were accepted and will be included in the Warrant. He also reported that the Capital Outlay Committee will only approve projects in the next year that meet thee conditions:
o Those where there is absolute, dire need for the project
o Those that come from a self-funded board
o Those where the money can be recouped in a reasonable time
He concluded by saying that the budget for the Hingham Sewer Commission was approved as submitted including a voluntary cut.
• Discussion regarding the projects on Central Street and Thaxter Street
Commissioner Demko inquired about the projects on Central and Thaxter streets.
Chairman Salerno reported that only one person on Thaxter Street is not in favor of extending sewer service to Thaxter St. He said that others involved in the expansion projects have expressed their appreciation for the speed and effort expended in handling these projects quickly and smoothly.
Chairman Salerno added that town meeting needs to appropriate the money necessary for funding the projects. Projects must be completed by October 1, 2009.
Chairman Salerno instructed Commissioner Demko to talk with Steve Burn about grants from the new federal funding. Commissioner Spath was asked to report whatever he can learn about possible grants for sewer improvements.
Meeting adjourned at 8:26 a.m
Minutes prepared by Joanne C. Carpenter
.