Board of Selectmen
Minutes of March 25, 2014
Harmony Hall
Present: Cathy Richardson, Chairperson, Joseph DiRocco, Jr., Vice Chairman, Robert O. Cox, Clerk, John J. Zimini, Tony Archinski, Ann Vandal, Acting Town Manager, Glen Edwards, Assistant Town Manager, Attorney James Hall and Recording Secretary Shannon Rowe Beaulieu
The Chairman opened the meeting at 6:09 p.m.
Continuation of Public Hearing of Strong Chief Proposed Town Charter Changes
Attorney Hall stated that he prepared two written documentation, one being Article 4, Section 2 in regards to the Fire Chief and one being Article 4, Section 2 in regards to the Police Chief and Fire Chief.
Attorney Hall stated that the documentation states that the appointing authority would be the Police Chief and Fire Chief not the Town Manager.
Ms. Richardson stated that she was not in attendance at the previous Strong Chief’s meeting but has reviewed the tape from the previous meeting.
Attorney Hall stated that the Town Manager picks the Fire Chief and Police Chief with approval from the Board of Selectmen.
Mr. Archinski discussed Civil Service and hiring by the appointing authority.
Mr. Zimini stated that right now the Chief makes the hiring recommendation to the Town Manager.
Attorney Hall stated that with the new wording the Fire and Police Chief’s would make the appointment.
Mr. DiRocco discussed the Strong Chief’s Act and discussed the original Town Charter language.
Mr. DiRocco discussed Chapter’s 48 and 42 and language interpretation between present and previous Town Counsel.
Mr. Archinski stated that someone had to notify Civil Service that the Town Manager is the appointing authority and stated that the Chief originally just wanted clarification of the Strong Chief’s language in the Charter. Mr. Archinski asked why are we changing things and this is a much bigger issue that just clarifying language?
(Board of Selectmen Meeting Minutes of March 25, 2014)
Mr. Cox stated that a New Town Manager coming in could appoint someone they don’t know.
Mr. Archinski stated that the Town Manger would make the appointment with the Chief’s recommendations. Mr. Archinski stated that the Town Manager is in charge of the Town.
Mr. Cox discussed micromanaging of the Department.
Mr. Gary Knowlon representing the Dracut Police Union appeared before the Board and stated that he has reviewed the prior meeting and there is a gray area that needs to be addressed. Mr. Knowlon stated that the Town Manager should be the appointing authority and there would be no legal issue with the Chief’s suing the Town Manager.
Mr. Knowlon stated that the Police Chief statue does not need any change. Mr. Knowlon stated that the Police Chief was never the appointing authority and the appointing authority is the decision maker. Mr. Knowlon stated that if the Police Chief was the appointing authority, an Officer would be appealing a decision with the person giving the disciplinary action.
Attorney Hines representing the Dracut Fire Union appeared before the Board and stated that the language is clear after reading the Charter. Attorney Hines stated that there is no need for language clarification and that the system has been working fine for over 30 years. Attorney Hines stated that they have the Civil Service system with appeals going to the Town Manager. Attorney Hines stated that the Collective Bargaining Agreement discusses Management rights and the grievance procedures. Attorney Hines discussed the hiring process under Civil Service and stated that the process already works. Attorney Hines stated that changing the language will create more issues as this is not as simple as just changing language.
Chief Brouillette appeared before the Board and discussed Chapter 48 being in effect and he is looking for language clarification in the Charter.
Deputy Chartrand appeared before the Board and stated that this has turned into more than he contemplated. Deputy Chartrand discussed the Chief’s abilities to run their departments without political interference. Deputy Chartrand stated that with a New Town Manager coming in, the Manager could change the process.
Mr. Knowlon stated that making changes would produce unfair working conditions with an Officer no longer getting a hearing before the Town Manager. Mr. Knowlon discussed the change in working conditions and stated that Town Manager’s do not micromanage departments.
Deputy Chartrand discussed wording that could be added into the Charter regarding disciplinary action and the Town Manager being the hearing officer.
(Board of Selectmen Meeting Minutes of March 25, 2014)
Mr. Zimini asked what happens if the Manager does not approve the Chief’s hiring recommendation? Mr. Zimini stated that the Charter is clear the way it’s written with the Town Manager having to approve the Chief’s recommendation.
Mr. Knowlon stated that the Board really needs to think about changing the Charter’s language. Mr. Knowlon stated that things are working out the way it is now.
Mr. DiRocco asked if Chapter 48 was still in effect?
Attorney Hall stated yes, but the Charter took the power away from the Fire Chief.
Attorney Hall stated that in his legal opinion, the Town Manager should hire and fire employees.
Ms. Richardson stated that it sounds like the biggest concerns are the hiring and promotions process.
Attorney Hall stated that he would review the information with the Chief’s.
Ms. Vandal stated that the Police Chief should be in attendance for this discussion.
Motion made by Mr. Cox to continue the Public Hearing until April 15, 2014 at 7:00 p.m. Motion seconded by Mr. DiRocco. Motion passed unanimously.
The meeting adjourned at 7:14 p.m.
BOARD OF SELECTMEN
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Cathy Richardson, Chairperson
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Joseph DiRocco, Jr., Vice Chairman
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Robert O. Cox, Clerk
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John Zimini
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Tony Archinski
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