Selectman's Meeting February 8, 2016
Templeton Board of Selectmen
Town Hall,
160 Patriots Road,
East Templeton
Monday, February 8, 2016, 6:30 p.m.
Agenda 6:30 P.M.
Call to Order Pledge
Town Administrator Report
Minutes~1.25.16
Discuss Tomb Restoration Grant~Alan Mayo
Update on Cable License~Steve Castle
Discuss Scout Hall Project
Action on choosing an MRPC Representative
Vote to go into executive session & state whether the Board will reconvene in open session after the executive session has adjourned~
Per M.G.L. c.30A, Sec. 21.1, to discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or discuss the discipline or dismissal of, or complaints or charges against, a public officer, employee, staff member or individual.
AND Per M.G.L. c.30A, Sec. 21.2, to conduct strategy sessions in preparation for negotiations with non-union personnel or to conduct collective bargaining sessions or contract negotiations with non-union personnel.
AND Per M.G.L. c. 30A, Sec. 21.3, to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares. Adjourn
The listing of Agenda items is those reasonably anticipated by the Chair which may be discussed at the meeting.
Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent it is permitted by law. THIS AGENDA IS SUBJECT TO CHANGE
The first executive session may be related to:
Plow Driver Who Left Job To Fight Fire In Hot Water
Templeton worker suspended pending upcoming meeting
Tara Vocino
Reporter
Templeton worker suspended pending upcoming meeting
Tara Vocino
Reporter
TEMPLETON After a hearing in closed session on Wednesday, a case regarding Templeton laborer/truck driver and on-call, volunteer Royalston firefighter Michael Caisse’s employment status will be brought in executive session at a Board of Selectmen meeting on Monday.
Caisse was working a day shift plowing and sanding the roads after a January snowstorm when a two-alarm fire broke out around 11:30 a.m. on Jan. 13 in Royalston. The building was home to Phillipston Police Officer Bill Chapman and his family. The house was destroyed, and Chapman’s 9-year-old son Colton’s dog, Dozer, died.
Caisse said he responded to Royalston to fight the fire in his role as a volunteer Royalston volunteer firefighter, leaving his job plowing the roads in Templeton before his shift was over.
Caisse was placed on paid administrative leave, and his return date is unknown.
However, Caisse said a decision will be made on Monday as to the next steps.
The purpose of Wednesday’s hearing was so that interim Town Administrator Robert Markel could hear Caisse’s side of the story.
According to Highway Superintendent Francis “Bud” Chase, Caisse is suspended without pay for an indefinite amount of time. Caisse said he was working his day shift from 7 a.m. to 3 p.m. on Jan. 13.
He left around noon to go to the fire. He explained why he left to fight the fire during work hours.
“Royalston is a small town,” Caisse said.
“It has a small fire department. Whenever there’s a call, especially for a structure fire, we need as many people as we can get.”
He knew that Chapman lived on Turnpike Road, but he wasn’t sure of the house number.
“When dispatched, we’re provided with the residence number,” Caisse said.
Chapman lived at 224 Turnpike Road and he is now living next door at his father Bruce’s house.
Chase said the case remains under investigation, and he doesn’t want to speak much about it so as to not jeopardize the case until it’s heard and decided.
“I can’t predict the future,” Chase said.
“I run day-to-day operations.
Mike has a foreman supervisor, but I’m the overall supervisor.”
Board of Selectman Chairman John Columbus said it’s up to Caisse to decide to hold it in executive or public session since it’s a personnel issue.
However, the incident will be listed as an agenda item.
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Comments from article above:
mike February 6, 2016 at 4:48 PM
Volunteer firefighters and emergency medical technicians; responding to emergencies; discharge from other employment
Section 177B. No employer shall discharge or take any other disciplinary action against any employee by reason of failure of such employee to report for work at the commencement of his regular working hours where such failure is due to his responding to an emergency in his capacity as a volunteer member of a fire department or ambulance department; provided, however, that no such employer shall be required to compensate any such employee for any period of his normal working hours during which for such reason he fails to report for work and at the request of an employer shall submit a statement signed by the chief of such fire department or ambulance department certifying the date and time such employee responded to and returned from such emergency. Such employee shall inform his employer or immediate supervisor of the reasons for such failure.
As used in this section, ''responding to an emergency'' shall mean responding to, working at the scene of or returning from a fire, rescue, emergency medical service call, hazardous materials incident or a natural or man-made disaster in the good faith belief that the action is necessary to prevent the imminent loss of life or property, where the emergency occurs during a period other than normal working hours of the employee. As used in this section, ''volunteer member'' shall mean a volunteer, call, reserve, or permanent-intermittent firefighter or emergency medical technician, but shall not include any person who received compensation for over nine hundred and seventy-five hours of services rendered in such capacity over the preceding six month period.
Any employee who is terminated or against whom any disciplinary action is taken in violation of the provisions of this section shall be immediately reinstated to his former position without reduction of pay, seniority or other benefits, and shall receive any lost pay or other benefits during any period for which such termination or other disciplinary action was in effect. An action to enforce the provisions of this section shall be commenced within one year of the date of the alleged violation, in the superior court within any county wherein the action occurred or wherein
Reply
Replies
Beverly BartolomeoFebruary 7, 2016 at 9:43 AM
So what is the problem ?? It does look to me that Mike is covered by this article and never should have been "punished" at all. This should clear up this matter for all of the people in these positions. It may be that he was going to Phillipston, but I did not see anything that said you had to be working in the community you were responding to. Way up here on the end of South Road, if my family, or neighbors need help I do not care where it comes from, as long as it gets here. Thank you Mike for trying to help one of Templeton's friends. I am sorry you had to go through this, but once it is ironed out, this issue will be dead, I hope.
Reply
david smart February 7, 2016 at 11:00 AM
It is important to point out the comment posted above is not the mike on paid administrative leave this article is about. I also found this protection law.
Volunteer Emergency Responders Job Protection Act.
[35-1401 - 35-1408]
If anyone has more to add feel free to post laws you find that protect those who Volunteer
Volunteer firefighters and emergency medical technicians; responding to emergencies; discharge from other employment
Section 177B. No employer shall discharge or take any other disciplinary action against any employee by reason of failure of such employee to report for work at the commencement of his regular working hours where such failure is due to his responding to an emergency in his capacity as a volunteer member of a fire department or ambulance department; provided, however, that no such employer shall be required to compensate any such employee for any period of his normal working hours during which for such reason he fails to report for work and at the request of an employer shall submit a statement signed by the chief of such fire department or ambulance department certifying the date and time such employee responded to and returned from such emergency. Such employee shall inform his employer or immediate supervisor of the reasons for such failure.
As used in this section, ''responding to an emergency'' shall mean responding to, working at the scene of or returning from a fire, rescue, emergency medical service call, hazardous materials incident or a natural or man-made disaster in the good faith belief that the action is necessary to prevent the imminent loss of life or property, where the emergency occurs during a period other than normal working hours of the employee. As used in this section, ''volunteer member'' shall mean a volunteer, call, reserve, or permanent-intermittent firefighter or emergency medical technician, but shall not include any person who received compensation for over nine hundred and seventy-five hours of services rendered in such capacity over the preceding six month period.
Any employee who is terminated or against whom any disciplinary action is taken in violation of the provisions of this section shall be immediately reinstated to his former position without reduction of pay, seniority or other benefits, and shall receive any lost pay or other benefits during any period for which such termination or other disciplinary action was in effect. An action to enforce the provisions of this section shall be commenced within one year of the date of the alleged violation, in the superior court within any county wherein the action occurred or wherein
Reply
Replies
Beverly BartolomeoFebruary 7, 2016 at 9:43 AM
So what is the problem ?? It does look to me that Mike is covered by this article and never should have been "punished" at all. This should clear up this matter for all of the people in these positions. It may be that he was going to Phillipston, but I did not see anything that said you had to be working in the community you were responding to. Way up here on the end of South Road, if my family, or neighbors need help I do not care where it comes from, as long as it gets here. Thank you Mike for trying to help one of Templeton's friends. I am sorry you had to go through this, but once it is ironed out, this issue will be dead, I hope.
Reply
david smart February 7, 2016 at 11:00 AM
It is important to point out the comment posted above is not the mike on paid administrative leave this article is about. I also found this protection law.
Volunteer Emergency Responders Job Protection Act.
[35-1401 - 35-1408]
If anyone has more to add feel free to post laws you find that protect those who Volunteer
This comment has been removed by the author.
ReplyDeleteI think "common sense" tells us the fire dept action comes first. I know they longer teach "common sense" in school, but, the snow will still be there to plow latter. the house may not be. i'll bet if was the "supervisors" house, he would look at it that way as well!!!!!
ReplyDeleteSpot on Brad when I was a firefighter in town when there was a call I would leave work and as soon as I could be cleared from the fire I would go back to work. I would not get paid from my job when I was gone ! But I bet we will be paying all his back pay that he was locked out of his job Nice paid vacation thanks to bud that has no common sense !
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