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Thursday, April 30, 2015

Allegations Challenged...Phillipston

Allegations Challenged
Board of Selectmen address candidate's list of grievances
Eryn Dion
News Staff Writer


News staff photo by ERYN DION
A letter containing 10 grievances against the Board of Selectmen was sent to every taxpayer in town by former highway superintendent and candidate for selectman Jim Mackie.
   PHILLIPSTON  In response to “serious accusations” contained in a mailing sent to town residents, the Board of Selectmen on Monday night read a statement addressing the letter, sent by selectman candidate and former Highway Superintendent Jim Mackie, and the points contained within.

“While Mr. Mackie raised some important issues in this letter,” read Selectman Terry Dymek. “We feel it is important to point out that it also contains serious accusations and in parts only offered a partial accounting of the truth.”

Mr. Mackie’s mailing highlights 10 grievances against the current Board of Select­men, ranging from complaints regarding the town’s pay scaling, use of town funds to supplement a state grant to build a new park behind Town Hall, and supposed inaction from members regarding Town Hall’s water supply.

Rather than addressing each point, select­­men urged residents to speak with them directly. “We are happy to hear all your questions and concerns,” Mr. Dymek said.

The former highway boss also alleges he was “coerced” into offering a letter of resignation from his post last year and was “subsequently fired” when he refused to resign.

Last year, while still working as the highway superintendent, Mr. Mackie was placed on two weeks unpaid leave when it came to light he had used a town-owned bucket truck to rescue a cat from a tree in Westminster. At the end of that two-week period, Mr. Mackie was not reappointed to his post as highway boss or tree warden.


David Bramhall, who served as a selectman for many years, said it’s common policy in town and in the private sector to ask for a letter of resignation before an employee is terminated. When asked if this was the case, Mr. Dymek explained that chairman Tom Brouillet, upon speaking with town counsel, reportedly approached Mr. Mackie asking him to resign and was refused.

“That isn’t why he was not reappointed,” said Selectman John Telepciak.

Mr. Dymek was asked if there is a court case pending between Mr. Mackie and the town, which he said was not the case, saying there was an Open Meeting Law complaint filed against the board last year that was later dismissed by the state’s attorney general.

“The state AG found no grounds for violation,” Mr. Dymek said.

Mr. Mackie also alleges that Mr. Telepciak, who serves as the board’s clerk, violated Massachusetts General Law Chapter 30A by destroying handwritten notes taken during meetings, which are used to compose the official, typed notes entered into record. The candidate stated he had requested copies of the handwritten notes and was told “they no longer exist.”

Mr. Telepciak answered the charge by showing those in attendance the notes he said he had written during the meeting, which would in part be used later to formulate the official meeting minutes. Once the official minutes are approved and entered into record, Mr. Telepciak explained that there is no need to keep the draft version.

“(Town) counsel said after I write the minutes I should throw them away, so that’s what I started doing,” he commented.

Town Clerk Karin Foley said this is the same procedure followed by every board and committee in town when filing their minutes.

“It’s all the same,” Mr. Dymek agreed. Members once again invited the public to approach them with questions, saying that they will “continue earning the trust” of residents.

“This Board of Selectmen has worked hard to work together and do what we feel is in the best interest of the town,” Mr. Dymek said.

At the conclusion of the meeting, the board voted to enter into executive session under MGL Chapter 30A, Section 21, No. 1: to discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

The annual town election will be held May 4 from noon to 8 p.m. at Town Hall.

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