Winchendon residents vote to fire town manager, reject override

Winchendon residents vote to fire town manager, reject override

Volunteer David Johnson watches over the ballot box as voters drop off ballots during the Winchendon special town meeting Monday night. (T&G Staff/CHRISTINE PETERSON)

 By Paula J. Owen TELEGRAM & GAZETTE STAFF
WINCHENDON — In a heated special town meeting called to deal with a deficit that officials say is now at $3.472 million, voters approved firing Town Manager James M. Kreidler Jr. in a secret ballot 290-135, voted down a proposed $700,000 Proposition 2½ tax cap override and voted in favor of borrowing up to $6 million from the state.

Voter Danielle Hart made a motion to take the two articles out of order at the beginning of the meeting dealing with Mr. Kreidler's termination that were submitted by citizens petition.

The petitions asked selectmen "to take affirmative action terminating or otherwise removing the current Town Manager from his position, including but not limited to seeking and accepting the Town Manger's resignation or voting to terminate him, or act in relation thereto."

The nonbinding resolution said that Mr. Kreidler failed or refused to share information about the deficit — which he underestimated at $2.3 million — with selectmen immediately; that the deficit, according to auditors, was caused by various failures including poor communication, inaccurate accounting, inaccurate reports and a significant problem with the town's financial software system resulting in permanently damaged records; and that the duties of the town manager include keeping the Board of Selectmen fully informed as to the financial condition and needs of the town, and assuring that full and complete records of the financial and administrative activities of the town are kept.

Those in favor of the measure handed out a flier to voters before the meeting that read, "We pay the town manager very well to manage our town and we end up millions in debt. He runs his own business on the side — we need a full-time manager."

Mr. Kreidler runs two private solar companies, but selectmen approved Mr. Kreidler's outside employment.

No debate was allowed on the citizens petition for Mr. Kreidler's termination because beforehand, Selectman Keith R. Barrows read a legal opinion by town counsel stating that the termination of the town manager is a personnel issue that falls under the purview of selectmen and any discussion of it would expose the town to liability. Mr. Barrows said that town meeting had no role in personnel matters and any action voters took would not bind the board and would have no effect. Selectmen, he said, had already renewed Mr. Kreidler's contract and the matter may expose the town to contract claims and may jeopardize any actions the town wishes to take against the town manager in the future.

Additionally, Mr. Barrows warned that any discussion by voters of Mr. Kreidler's termination could be considered defamation, libel, slander and invasion of privacy, and Mr. Kreidler could seek punitive damages against "individual participants" personally and it would "not be covered by insurance."

When Mr. Barrows ruled the articles out of order and said they should not come before the assembly, some applauded and many angry voters booed.

However, the moderator said that he believed in democracy and citizens' rights to submit petitions. He said he would allow an up-or-down vote only, with no discussion.

After the results were counted and announced by the clerk, selectmen did not acknowledge it or say anything further on the matter.

At Winchendon town meeting, Town Manager James Kreidler reacts to a resident's motion to move up a nonbinding vote on his employment. (T&G Staff/CHRISTINE PETERSON)

 
Voters did not approve a $700,000 override to help fill the deficit. However, Mr. Kreidler said previously that town meeting approval was not necessary. A special election on the measure is scheduled for Dec. 20.

Borrowing of up to $6 million from the state was also approved; it requires approval of special deficit legislation. Mr. Kreidler likened it to a "credit line" and said the town will only borrow $3.2 million and use free cash and other measures to reduce what is owed. He said the town would not be "hooked" to the state for 10 years if it used money that becomes available in the next year to help pay off the loan.

Voters also approved about $170,000 cuts in this budget cycle to reduce the deficit as follows: nearly $44,000 to the Police Department; $28,000 to the Fire Department; and $75,000 to the Department of Public Works.

The School Committee withdrew its request for voters to approve $50,000 for an investigative/forensic audit to be conducted by the state auditor into accounts, including the health insurance trust funds and other funds.

School officials said the School Committee struck a deal with the Finance Committee before the meeting that if selectmen give the Finance Committee unconditional authority to procure an audit, then they will support it and withdraw the request.

Contact Paula Owen at powen@telegram.com. Follow her on Twitter @PaulaOwenTG