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Tuesday, April 7, 2015

Winchendon voters fire town manager with OK of $300K deal

Winchendon voters fire town manager with OK of $300K deal
CONTRACT BUYOUT GIVES 18 MONTHS' PAY
Town Manager James M. Kreidler, front right, sits alone before a town meeting Monday night at Murdock Middle High School. (T&G Staff/CHRISTINE PETERSON)
  By Paula Owen TELEGRAM & GAZETTE STAFF
paula.owen@telegram.com


WINCHENDON — Voters overwhelming approved buying out Town Manager James M. Kreidler Jr.'s contract, 294-93, for $300,000 at a special town meeting at Murdock Middle High School Monday night.

The action was taken just five months after selectmen signed a renewal contract for Mr. Kreidler. A few weeks ago, the board then voted to add a mutually agreed upon termination addendum to the contract that would end it on or before May 1 and will cost taxpayers nearly $300,000 to fund. His contract ran through June 30, 2018, and selectmen said Mr. Kreidler forfeited 31 months of salary and benefits in the agreement. The money is coming out of the stabilization account, officials said, that has a balance of $515,000.

In a heated special town meeting Nov. 24, voters approved firing Mr. Kreidler in a secret ballot, 290-135. Mr. Kreidler has held the positon for 15 years. Mr. Kreidler will now receive a lump sum of $299,602 for 18 months of salary and benefits.

Selectman Keith Barrows read a joint statement by selectmen and Mr. Kreidler: "The agreement recognizes the expressed will of the nonbinding vote of Nov. 24, 2014, special town meeting regarding the town manager's continued service as well as the board's need to limit the town's liability for any decisions of future boards that cannot be supported by fact and therefore the town and Mr. Kreidler have collectively agreed that separation is in the best interest of all parties."

The agreement — reached with "guidance and advice" from the town's labor and employment attorney — said that selectmen have determined there is "no cause" for his termination and therefore, must offer him a buyout to avoid a "protracted and costly" legal battle that could expose the town to a wrongful termination suit that could cost more than $2 million plus legal fees. The group Stand Up for Toy Town said it is heading up recall efforts with a goal of replacing all selectmen with candidates in favor of terminating the town manager.

After some discussion Monday night, there was a vote to postpone the measure to the annual town meeting May 18. Voters speaking in favor of postponing said they wanted more information and allege they were never given a copy of the agreement — a public document — when requested. Additionally, they said they wanted Mr. Kreidler present at town meeting to answer questions on the budget he put together for the upcoming fiscal cycle following the discovery of a $3.8 million deficit that required cuts to the town and school budgets in this fiscal cycle and the passing of deficit legislation.

However, just before the vote to postpone was taken, the town's labor attorney informed voters there was a provision written into the agreement that said the buyout had to be funded before April 13 or the town could be on the hook to pay Mr. Kreidler $650,000 for the rest of his full contract.






Danielle Hart, a co-leader of Stand Up for Toy Town, speaks during the Winchendon town meeting. (T&G Staff/CHRISTINE PETERSON)

 



Danielle Hart, a co-leader of Stand Up for Toy Town, said the group had not decided whether it supported buying out Mr. Kreidler's contract and alleged there is just cause for his termination. She read a statement Monday night that alleged labor counsel's advice was one-sided, based only on information he received from Mr. Kreidler and selectmen. Ms. Hart said she wanted voters to have both sides of the story and said new selectmen who could be voted in next month would provide Mr. Kreidler with due process regarding possible termination and would not jeopardize the town. Her statements were given before voters were told of the April 13 deadline to fund the agreement. She alleges the deadline provision was why her group was denied access to the public document and called it "abhorrent."

"It is disheartening and disgusting that our leaders willingly chose to manipulate and usurp the power of the voters and taxpayers," Ms. Hart said after the meeting. "There is no reason why the money should have to be appropriated by April 13. The only reason would be that it was selfishly written into the separation agreement to protect one individual, the town manager. … I had no problem with either outcome — yes or no. I have a problem with how they just manipulated each voter in this room."

Selectmen thanked Mr. Kreidler for his service at the meeting and several voters lingered after the meeting to shake his hand.

Contact Paula Owen at paula.owen@telegram.com
 

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Makes one wonder who the town's attorney is representing - the Town or the town manager?
 
 

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