No action taken on charges against Phillipston administrative assistant; All found to be baseless
Phillipston Administrative Assistant Kevin Flynn (inset, right) sits
with town counsel Brian Maser of KP Law during an executive session
Monday night. Below, the selectmen, John Telepciak (foreground),
chairman Tom Brouillet (middle) and Terry Dymek read over three charges
brought against Flynn. ATHOL DAILY NEWS/Deborrah Porter
By DEBORRAH PORTER
Staff Writer
Staff Writer
Tuesday, March 20, 2018
PHILLIPSTON — Three charges brought against town Administrative
Assistant Kevin Flynn were found to be unsubstantiated, and no action
was taken by the Selectboard during an open executive session.
The charges brought against Flynn by Thomas Brouillet, chairman of the Selectboard, who sought to “relieve Mr. Flynn from his duties as administrative assistant” were for the following reasons:
Scheduling of a meeting between the Town of Templeton and the Phillipston Finance Committee relative to regional dispatch services for the upcoming fiscal year;
The posting of an agenda item pertaining to contract negotiations with a firefighter;
Contacting Town Counsel without authorization from the Selectboard.
Flynn chose to hold the executive session in open meeting. Nearly 20 residents, including Town Hall employees, the police chief and another police officer, filled the room in support of Flynn. Attorney Brian Maser of KP Law (formerly Kopleman & Paige) was present and conveyed to the individuals in the audience they had a right to be present, but could not speak out or interrupt the proceedings.
Brouillet announced that he would not allow anyone in the audience to comment or ask questions.
Because Brouillet filed the complaint, Flynn requested of him, as chairman, to turn over the meeting to the vice-chairman Terry Dymek. Brouillet refused, and an audience member said loudly,
“Oh, give me a break! He brought the charges!”
Brouillet invited her to leave the meeting, but she remained seated. Brouillet read the notice of executive session and was asked repeatedly to speak up. Opal Clark asked if there were copies of the notice printed out. Brouillet said “no,” he didn’t expect people to be at the session. Clark asked to see what’s on the notice and a town employee made copies to distribute.
The complaints Each complaint was addressed in order.
Brouillet said Phillipston had been after Templeton to come forward with a breakdown of the costs for regional dispatch services for the upcoming fiscal year.
“We needed it for the first of March. They gave a dollar amount. I said we were all set and I would bring that amount to Athol. He (Flynn) goes behind my back and schedules a meeting, and when I asked why, he said the FinCom wanted it. It’s insubordination,” Brouillet said.
He said he talked to Flynn on the phone and said they didn’t need a meeting, that he was going to bring what he had to Athol.
Flynn said there were a series of requests involved and a number of times they talked about scheduling a meeting. He referred to his daily agenda used to document actions taken throughout the day. On Feb. 6, there was a joint meeting with the Templeton FinCom to set up a committee to review the budget numbers. On Feb. 7, Brouillet asked about scheduling a meeting. The following day, Brouillet said he wanted a meeting at a different point, because of a schedule conflict. A week later, Brouillet was in the selectmen’s office to sign warrants and asked repeatedly about a meeting. That Friday, March 2, Brouillet was told Templeton sent in the breakdown of figures that were requested, one day later than expected.
Flynn shared a copy of an email from Templeton Town Administrator Carter Terenzini indicating he would like a meeting to discuss the figures, which he conveyed to Brouillet on Thursday, March 8. Flynn said Brouillet threw his hands up and said, “Do what you want” and stomped out of the room.
“Terry (Dymek) and John (Telepciak) and the Finance Committee said they were interested in meeting,” said Flynn. “When two members of the board say ‘it’s ok with me,’ I would go ahead and schedule the meeting.”
Brouillet said, “I don’t remember throwing my hands up.”
Flynn asked, “Do you remember grabbing my shoulder and pushing me?”
Brouillet said “No” and said that Flynn was making things up.
Flynn then asked, “Do you remember calling me the fourth selectman?” and Brouillet replied, “Yes. because you’re acting like one.”
Flynn scheduled a meeting with Templeton and announced it at the beginning of the March 12 Selectboard meeting. Brouillet seemed surprised at the news, and asked why he did so, and Flynn said because the Finance Committee and Selectboard wanted it. Brouillet sat silent for a minute, looked at his phone then abruptly left the meeting saying, “I need to be excused.” He did not return, and Dymek ran the meeting.
“Tom was repeatedly looking for the numbers and Carter wanted to be there to explain the breakdown,” said Flynn. “Carter met with the Finance Committee and answered their questions.”
During that meeting, it was explained what Phillipston would be receiving for grant monies and the breakdown of how revenues were to be spent and the grant used. Brouillet was not present.
Telepciak said, “Tom had extreme frustration, because he was just getting one number.”
Dymek said, “My analysis was that we represent 15 percent of the budget, but are only paying 13 percent of the cost.”
The second and third charges against Flynn go hand-in-hand and involve the posting of a March 12 agenda item that named a particular firefighter requesting a pay increase.
“His name was thrown all over the place,” Brouillet said. “I don’t think it’s the right thing to do. He requested an executive session. He (Flynn) gave Brian the wrong information. He’s a full-time firefighter. We’re lucky we’re not being sued over this. Brian said he could have the executive session.”
Flynn said he sought guidance in regard to the meeting posting concerning the firefighter who requested to talk with the selectmen in executive session. He called the AG’s office for guidance and downloaded materials off the Attorney General’s website, which he shared with Brouillet.
Brouillet asked Flynn, “What does town counsel say?” Flynn said in response he called town counsel. “I didn’t take it as him (Brouillet) saying ‘I need to fill out a form and ask permission.’”
Flynn read from a document from KP Law that stated the name of a non-union party must be listed in the meeting notice.
The Open Meeting Law requires that when calling an executive session, “You must include specifically what it is for, to let people know what you’re talking about,” said Flynn, whether it is with a group such as the custodians, a department head or an individual.
Flynn said he has apologized to the firefighter. “I am not familiar with who is full-time in the fire department.”
Telepciak said he saw the agenda that listed the open session for the firefighter, noting, “He came to me first requesting an executive session.”
Flynn said he was not aware he spoke with Telepciak.
“The guidance I received said I was supposed to post it that way,” said Flynn, “He (firefighter) may be uncomfortable with it. It is no secret the chief was trying to get him a raise last year.”
Telepciak asked Flynn to send a “blurb” explaining what the agenda item was about, which he did. Town counsel said it’s up to the chairman to request information.
Flynn noted he is the human resources officer for the town. “The board voted and charged me with implementation of the wage and compensation plan. I don’t see a problem with me saying my advice is you should wait and do it all at once.”
Brouillet said, “I would like to put it out there that he’s the administrative assistant. Not a selectman.”
Dymek said, “There was ambiguous communication when Brouillet asked ‘What does town counsel say?’ and he gave implicit permission seeking town counsel’s advice. He wasn’t trying to go behind anyone’s back. I see nothing illegal or unethical and vote no further action should be taken.”
Telepciak agreed, “There certainly has been a breakdown in communication. I don’t know how we can rectify this moving forward. We talked about communication being paramount in this position.”
Brouillet made a motion to relieve Flynn from his duties as administrative assistant. There was no second to the motion and a long pause before Telepciak seconded it to continue discussion. He said, “I feel we are at an impasse here,” then withdrew his motion.
Dymek offered another motion, “That we find these three charges have not been substantiated against Kevin and no action be taken.” Telepciak seconded the motion, saying, “This can’t go on. Something needs to happen.” He said it is his intent “to put this back together. It’s no way to operate.”
Dymek said, “There is a fundamental disconnect between Tom and Kevin. We are at loggerheads. I think Kevin did a good job in explaining his actions. If we had better communications we could have sat in the office and not have had an executive session.”
The motion passed 2 to 1, with Brouillet voting against it. The audience applauded loudly.
Before adjourning the executive session, Brouillet said, “Congratulations Kevin. You won your case.”
The charges brought against Flynn by Thomas Brouillet, chairman of the Selectboard, who sought to “relieve Mr. Flynn from his duties as administrative assistant” were for the following reasons:
Scheduling of a meeting between the Town of Templeton and the Phillipston Finance Committee relative to regional dispatch services for the upcoming fiscal year;
The posting of an agenda item pertaining to contract negotiations with a firefighter;
Contacting Town Counsel without authorization from the Selectboard.
Flynn chose to hold the executive session in open meeting. Nearly 20 residents, including Town Hall employees, the police chief and another police officer, filled the room in support of Flynn. Attorney Brian Maser of KP Law (formerly Kopleman & Paige) was present and conveyed to the individuals in the audience they had a right to be present, but could not speak out or interrupt the proceedings.
Brouillet announced that he would not allow anyone in the audience to comment or ask questions.
Because Brouillet filed the complaint, Flynn requested of him, as chairman, to turn over the meeting to the vice-chairman Terry Dymek. Brouillet refused, and an audience member said loudly,
“Oh, give me a break! He brought the charges!”
Brouillet invited her to leave the meeting, but she remained seated. Brouillet read the notice of executive session and was asked repeatedly to speak up. Opal Clark asked if there were copies of the notice printed out. Brouillet said “no,” he didn’t expect people to be at the session. Clark asked to see what’s on the notice and a town employee made copies to distribute.
The complaints Each complaint was addressed in order.
Brouillet said Phillipston had been after Templeton to come forward with a breakdown of the costs for regional dispatch services for the upcoming fiscal year.
“We needed it for the first of March. They gave a dollar amount. I said we were all set and I would bring that amount to Athol. He (Flynn) goes behind my back and schedules a meeting, and when I asked why, he said the FinCom wanted it. It’s insubordination,” Brouillet said.
He said he talked to Flynn on the phone and said they didn’t need a meeting, that he was going to bring what he had to Athol.
Flynn said there were a series of requests involved and a number of times they talked about scheduling a meeting. He referred to his daily agenda used to document actions taken throughout the day. On Feb. 6, there was a joint meeting with the Templeton FinCom to set up a committee to review the budget numbers. On Feb. 7, Brouillet asked about scheduling a meeting. The following day, Brouillet said he wanted a meeting at a different point, because of a schedule conflict. A week later, Brouillet was in the selectmen’s office to sign warrants and asked repeatedly about a meeting. That Friday, March 2, Brouillet was told Templeton sent in the breakdown of figures that were requested, one day later than expected.
Flynn shared a copy of an email from Templeton Town Administrator Carter Terenzini indicating he would like a meeting to discuss the figures, which he conveyed to Brouillet on Thursday, March 8. Flynn said Brouillet threw his hands up and said, “Do what you want” and stomped out of the room.
“Terry (Dymek) and John (Telepciak) and the Finance Committee said they were interested in meeting,” said Flynn. “When two members of the board say ‘it’s ok with me,’ I would go ahead and schedule the meeting.”
Brouillet said, “I don’t remember throwing my hands up.”
Flynn asked, “Do you remember grabbing my shoulder and pushing me?”
Brouillet said “No” and said that Flynn was making things up.
Flynn then asked, “Do you remember calling me the fourth selectman?” and Brouillet replied, “Yes. because you’re acting like one.”
Flynn scheduled a meeting with Templeton and announced it at the beginning of the March 12 Selectboard meeting. Brouillet seemed surprised at the news, and asked why he did so, and Flynn said because the Finance Committee and Selectboard wanted it. Brouillet sat silent for a minute, looked at his phone then abruptly left the meeting saying, “I need to be excused.” He did not return, and Dymek ran the meeting.
“Tom was repeatedly looking for the numbers and Carter wanted to be there to explain the breakdown,” said Flynn. “Carter met with the Finance Committee and answered their questions.”
During that meeting, it was explained what Phillipston would be receiving for grant monies and the breakdown of how revenues were to be spent and the grant used. Brouillet was not present.
Telepciak said, “Tom had extreme frustration, because he was just getting one number.”
Dymek said, “My analysis was that we represent 15 percent of the budget, but are only paying 13 percent of the cost.”
The second and third charges against Flynn go hand-in-hand and involve the posting of a March 12 agenda item that named a particular firefighter requesting a pay increase.
“His name was thrown all over the place,” Brouillet said. “I don’t think it’s the right thing to do. He requested an executive session. He (Flynn) gave Brian the wrong information. He’s a full-time firefighter. We’re lucky we’re not being sued over this. Brian said he could have the executive session.”
Flynn said he sought guidance in regard to the meeting posting concerning the firefighter who requested to talk with the selectmen in executive session. He called the AG’s office for guidance and downloaded materials off the Attorney General’s website, which he shared with Brouillet.
Brouillet asked Flynn, “What does town counsel say?” Flynn said in response he called town counsel. “I didn’t take it as him (Brouillet) saying ‘I need to fill out a form and ask permission.’”
Flynn read from a document from KP Law that stated the name of a non-union party must be listed in the meeting notice.
The Open Meeting Law requires that when calling an executive session, “You must include specifically what it is for, to let people know what you’re talking about,” said Flynn, whether it is with a group such as the custodians, a department head or an individual.
Flynn said he has apologized to the firefighter. “I am not familiar with who is full-time in the fire department.”
Telepciak said he saw the agenda that listed the open session for the firefighter, noting, “He came to me first requesting an executive session.”
Flynn said he was not aware he spoke with Telepciak.
“The guidance I received said I was supposed to post it that way,” said Flynn, “He (firefighter) may be uncomfortable with it. It is no secret the chief was trying to get him a raise last year.”
Telepciak asked Flynn to send a “blurb” explaining what the agenda item was about, which he did. Town counsel said it’s up to the chairman to request information.
Flynn noted he is the human resources officer for the town. “The board voted and charged me with implementation of the wage and compensation plan. I don’t see a problem with me saying my advice is you should wait and do it all at once.”
Brouillet said, “I would like to put it out there that he’s the administrative assistant. Not a selectman.”
Dymek said, “There was ambiguous communication when Brouillet asked ‘What does town counsel say?’ and he gave implicit permission seeking town counsel’s advice. He wasn’t trying to go behind anyone’s back. I see nothing illegal or unethical and vote no further action should be taken.”
Telepciak agreed, “There certainly has been a breakdown in communication. I don’t know how we can rectify this moving forward. We talked about communication being paramount in this position.”
Brouillet made a motion to relieve Flynn from his duties as administrative assistant. There was no second to the motion and a long pause before Telepciak seconded it to continue discussion. He said, “I feel we are at an impasse here,” then withdrew his motion.
Dymek offered another motion, “That we find these three charges have not been substantiated against Kevin and no action be taken.” Telepciak seconded the motion, saying, “This can’t go on. Something needs to happen.” He said it is his intent “to put this back together. It’s no way to operate.”
Dymek said, “There is a fundamental disconnect between Tom and Kevin. We are at loggerheads. I think Kevin did a good job in explaining his actions. If we had better communications we could have sat in the office and not have had an executive session.”
The motion passed 2 to 1, with Brouillet voting against it. The audience applauded loudly.
Before adjourning the executive session, Brouillet said, “Congratulations Kevin. You won your case.”
So. it cost Phillipston 13% of the Dispatch service when they should be paying 15% ?? Maybe that is why they have money, and we don't !! If I understand what they are saying. Is this our Selectmen looking out for you ?
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