NOT a fake news story

Posted at Templeton Watch

Thursday, December 15, 2016

This is not NOT a fake news story. It may be old news but sometimes history is worth looking at.
This is from the Town of Warwick, MA annual town report of 2007:

Selectboard Report for Fiscal Year 2007

 Personnel: The year saw many changes in both elected and appointed personnel. Ken Alden, who had retired effective July 5, 2006, after forty-four years of service to the Highway Department, died July 14, 2007. On August 14, 2006, Marcel Varney, who had been made acting Fire Chief on April 2, 2006, was appointed Fire Chief. A new town accountant, Tracey Baronas, was appointed and resigned after a brief tenure. The position of treasurer also became vacant in the spring when, after five years of devoted service under trying circumstances, Mary Neville Wall accepted a better-paying and less stressful position in southern Worcester County. Dana Robinson and Janice Barrett, respectively, were appointed to fill the treasurer’s and accountant’s positions. Terry Kemerer was appointed to a three-year term as Tax Collector and Rosa Calcari to a three-year term as Animal Control Officer. The board negotiated the resignation of Administrative Coordinator John Columbus. 

after reading the released executive session minutes, one quickly learns it was not really a mutual business as usual type of resignation.

Town of Warwick

Selectboard

May 14, 2007

Minutes of Executive Session

Present: Rick Abbott, Patricia Lemon, Jim Toth, Town Counsel Fernand

DuPere

I. Call to Order:  Executive session called to order at 4:05 p.m.

DuPere told the Board that Columbus had offered his proposal

unsolicited, indicating that he didn't enjoy working with the Board and

that the inclusion of Petition Articles 8 and 9 in the Town Meeting

Warrant had prompted his proposal.  The proposal (attached) included:

* Mutually amending his contract to end on November 30, 2007, rather

than June 30, 2008, which period was chosen to give him 5 months' salary

(one for each year as Town Coordinator) as severance pay (which Lemon

reported as $8,631.45=1726.25*5, based on an annual salary of $20,715)

* Continuing the Town's 75% share of his benefits until the end of

the amended contract (which Lemon reported as $292.12/month for Health

Insurance and $6.03/month for Life and Disability Insurance, totaling

$1490.75, according to information received earlier from Treasurer

Robinson),

* Taking his FY '07 vacation time (not cumulative) beginning on June

11 (which would be his last day in the office),

and

* Nothing in writing to prevent him from collecting unemployment

after the end of November.

Upon questions about the cost of the severance package, Lemon replied

that Columbus demands would add up to $10,122.20 in FY '08. Toth noted

that Hurlburt's unemployment had increased the Town's cost from about

$1000 to about $7000, an increase of about $6000, but that considering

the salary differential, Columbus' unemployment would most likely

increase it by more like $4000, bringing the potential cost of Columbus'

proposal to as much as $14,000, vs. completing his current contract

through June 30,2008 for $24,292. Toth noted that allowing him to

complete his current contract could leave the Town exposed in the event

of a serious error, whether innocent or vengeful on Columbus' part.

Lemon noted that any unemployment claim might be complicated by

Columbus' second job as a convenience store clerk, and DuPere added that

he believed the current period during which unemployment could be

collected is 26 weeks, lacking a disability claim, which could be up to

39 weeks.

Lemon offered the opinion that Columbus could be fired for cause, citing

a number of instances of mal- and non-feasance. DuPere agreed, but

warned that unless the Board was prepared to be sued - probably

successfully and certainly VERY expensively - it would be a long, draining

process, starting with a formal evaluation resulting in specific,

written complaints and specific steps for curing them and that given the

individual in question, the curative period would require constant

monitoring on the part of the Board, and even then his departure could

not be guaranteed.

Lemon MOVED that the Board authorize DuPere to offer Columbus 5-months'

severance pay, beginning July 1, 2007, and including benefits, but

specifying that his resignation was both voluntary and irrevocable.

Abbott SECONDED.  With a roll-call vote required, Toth voted "aye,"

Abbott voted "aye," and Lemon voted "aye."

DuPere said that the vote had been unnecessary, but that all the Board

had needed to do was give him a sense of their wishes, which he now felt

he had.

DuPere then retired to the SelectBoard office to confer with

Columbus. Upon his return to the Boards room, DuPere reported that he

had finally persuaded Columbus to accept the Board's terms and that he

could now draw up an iron-clad agreement that would protect both parties

from litigation on the subject but warned that Columbus could take up to

21 days to review the agreement before signing and that the only

guarantee that he would do so was his spoken word, which had already

proven unreliable in this matter as well as previous ones.

Lemon assured all in attendance that in the event he withdrew from the

agreement, she was prepared to begin the evaluation and reevaluation

process immediately.

Lemon and Toth both affirmed that they would be available to take over

Columbus' contractual duties between his departure on June 11 and the

hiring of a suitable applicant for the position, Lemon from June 11

through Toth's return to town in late July or early August, and Toth

after his return.  Both expressed their determination to be in the

office as often as possible to be sure they get the necessary computer

passwords and know how Columbus' filing is organized. There was

inconclusive discussion of appropriate actions in the event Article 8 of

the Town Meeting Warrant were to carry as written, and the Board agreed

on the wording of the statement Columbus had agreed to read during

discussion of the article, to wit:  "I have reached an agreement with

the Board of Selectmen that my last day of employment will be the last

day of November, 2007."

Toth MOVED that the Board direct DuPere to prepare a severance agreement

and release of all claims consistent with the previous motion with

regard to John Columbus' employment by the Town of Warwick.  Seconded by

Abbott.With a roll-call vote required, Toth voted "aye," Abbott voted

"aye," and Lemon voted "aye."

DuPere agreed that with time of the essence, he would fax or e-mail a

draft to Board members for amendment or approval at the earliest

possible date, possibly Monday or Tuesday, but certainly before Friday,

and that once it was finalized the Board could either call a Special

Meeting (with 48-hours' notice) or go into executive session with him

and Columbus at the regularly scheduled meeting on Monday, May 21 to

sign the final agreement.

Lemon MOVED that the Executive Session adjourn.  Toth seconded.  After

receiving advice from DuPere that it was necessary to go back into open

session long enough to adjourn that, the necessary roll-call vote was

taken: Toth "aye," Abbott "aye," and Lemon "aye."

At 5:20, Lemon called open meeting to order, whereupon Toth immediately

MOVED that open meeting be adjourned.  Lemon seconded.  Unanimously

approved. Minutes taken by Lemon for review by Abbott, Toth, and DuPere.

posted for your reading pleasure by Jeff Bennett