The following are what I believe to be the applicable sections of the town charter on appointment of the executive administrator:
Section 3-2 Select BoardYou can find the entire town charter here in MS Word format.
(d)Appointments - The select board shall appoint an executive administrator, a town counsel, constables, a board of registrars of voters, a board of appeals, and conservation commission and such other members of multiple member bodies the functions of which do not involve direct operating responsibilities but are primarily policy making or advisory in nature, and other individuals who are to serve as representatives of the town to the governing or advisory bodies of area, regional or district authorities and where no other provision is made for appointments in the law or agreement establishing such entity.
Section 4-4 Department of the Executive Administrator
(a) Appointment - An executive administrator shall be appointed by the select board for terms not to exceed three years. During the term of appointment the executive administrator may only be removed for cause after notice stating the reasons for removal, with the right to a hearing, and by a vote of at least three members of the select board.
Section 6-9 Removals and Suspensions
Any appointed town officer, member of a multiple member body or employee of the town, not subject to the provisions of the state civil service law, or covered by the terms of a collective bargaining agreement which provides a different method, and whether appointed for a fixed or an indefinite term, may, for good cause, be suspended or removed from office, without compensation, by the officer or multiple member body which appoints such officers, members of multiple member bodies, or employees. The term cause shall include, but not be limited to the following: incapacity other than temporary illness, inefficiency, insubordination and conduct unbecoming the office
(c ) …Nothing in this section shall be construed as granting a right to such a hearing when a person who has been appointed for a fixed term is not reappointed when a fixed term expires.
The italicized and underlined portions in the exerpts above are mine and not in the original. It is ...
... a fairly brief document (only 19 pages) and you may find some of the other provisions informative.
Mr. Gagne's attorney, Mrs. Ehrenberg, said in this article in the Standard Times today that the reason for the non-renewal was that the majority of the Select Board wants "a new direction". That was confirmed by Mr. Michaud according to the Standard-Times and I will confirm that as well here.
I am not pleased that this matter has been brought to the public before the attorneys for the town and Mr. Gagne had a chance to talk. I believe that many options have been lost to Mr. Gagne and to the town by the disclosure. Even now, I am reluctant to say too much about the matter for fear of compromising the town's legal position, so the above will have to be the extent of my remarks for now.
If you want to comment on this post, you are free to do so below. As always, I hope that commenters can disagree without being disagreeable. I find that logical arguments made and supported by factual information from a cited source have greater weight with people than arguments which lack one or more of these elements. Personal attacks will be deleted. I do not moderate the comments before they are seen but I can remove them after they are published. I am not responsible for the content of the comments on this blog, they are the opinions of those who contribute them.
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10 comments:
Hey Bill, can you honestly answer whether you have EVER (either before or after your surprising election to the Select Board) sat down, one-on-one with either Mike Gagne or Ed Iacaponi to get an in-depth understanding directly from each as to exactly what they do on a daily basis for this Town? I suspect that honest answer is never, why bother when you can get all the information you could ever need (or comprehend) from anonymous bloggers here and your seating neighbors on the Board. Good luck when the voters seek to take the executive branch "in a new direction."
Anonymous, I never sat down to find out what the Executive Administrator or Budget Director do all day. How would that help to take the town in a new direction?
I have personally asked Mike many questions. If I asked him if the sun was shining right now, he would give an answer like "it rained yesterday and the forecast for the weekend is gale force winds", all the while speaking in monotone and going on as long as he felt necessary for other people listening to tune out or fall asleep. Rest assurred that he never really answered any of my questions directly. You're doing a fine job Bill, keep it up.
Personal attacks aside, was Gagne ever given a performance review and advised where his performance was lacking? If so was he given an opportunity to improve in areas of weakness. If not why no review? Seems the idea of annual reviews of employess in town has been talked about quite a bit over the last 2 years. This seemed like an opportune time to practice what has been preached. The results may not have changed but that to me may be a secondary issue if we are truly looking for a new direction in how the town is run.
Do you feel there is legitimate 'cause' to remove mr Gagne? He has always appeared knowledgeable and earnest in the public mtgs i have viewed. I get you can't talk specifically, but if this becomes a legally contested issue, are the BOS comfortable with the ground they are standing on legally?
What is being said is not that Mr. Gagne is being removed for cause but that he is not being reappointed. Reading the charter sections shown here, it looks like the board have that right.
It is perfectly legal not to renew a contract. A new direction means the old direction is probably not working. Sometimes it takes a fresh set of eyes to fix what is wrong. Can anyone honestly say that what we have been doing is okay and we will be fine if we continue on the same path?
Many changes over the last two years indictate clearly we are not on the same path. The continued tanking of the economy has contributed to the problems Dartmouth and virtually every other town faces. I would simply ask that people recognize that things in fact have changed quite a bit, and we were not coming from a 'bad place' to begin with as stated over and over again in the DOR audit. Changing 1 or 2 people will not change the reality of the current situation any time soon as revenues will continue to fall and costs rise, services will by necessity be cut.
When people stay too long the impression is that they own that position. No so!
A change in our executive admin. would make a BIG difference to Dartmouth. Let's move on for change. We need new vision, ideas, someone who is not part of the ole boy network.
Good move select board!
You are absolutely right. Not renewing Gagne's contract will not improve the economy, lower costs, or increase our revenues. It is how Dartmouth deals with each of these factors that will make the difference. Michael has been here too long. He has become too familiar with town employees, too comfortable with the old way of doing things. I am not placing blame. It is very easy for people to stick with what they know. It is also very difficult to deal with employees who have in most cases become a friend or at the very least a good acquaintance. After doing a job for 22 yrs. it is not easy to see things in a new light or bring about change which may no longer be in the best interest of an employee but in the best interest of the town. Dartmouth used to be a cozy little town with a cozy little town hall and there are some who wish it to remain that way but it is no longer possible. Nostalgia is nice but not practical in this case. Change is needed.
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