Friday, December 12, 2008

Infamous town employee clause

Select Board member Bob Carney had a letter to the editor in Thursday's paper in which he states,

"I have no problem in excluding this clause from future contracts. It is my belief that had the board approached all the individuals involved in these contracts, they would have agreed to remove this provision."

You can read the whole letter here. Someone has given an attorney-client privileged letter from Town Counsel Savastano to the Standard-Times in which ...
.. he characterizes the infamous clause in this way,
"Clearly it is against the best interests of the Town to allow these employment contracts as currently written, with the renewal clause included, to remain effective in perpetuity"
You can read the entire letter from Attorney Savastano to the Select Board here at the Standard Times website. The letter also contains the text of the clause.
The infamous clauses have put the town in quite a pickle and the renewal clause is only a portion of it. Additionally, the contracts provide that the Town must offer employment at the same salary and benefits in another position within the Town if the employee's job is eliminated. Another provision says that the Select Board has an affirmative duty to budget for and speak in favor of funding the employee's contract. I wonder if they would give up these provisions as well. Mr. Carney, Ms, Dias, Ms. Horan McLean, Mr. Miller and Mr. LeDuc were on the Select Board and signed six of the eight contracts with these clauses. Two additional contracts with similar language were signed by the first four members above with Ms. Gilbert now on the board. To her credit, Ms. Gilbert refused to sign the contracts.
Mr. Carney apparently feels that the employees would voluntarily give up these contract clauses. If so, I look forward to joining him in asking the affected employees to do so.
As the Personnel Board has noted, these provisions do not provide any benefit to the Town since the employee is free to leave at any time. The contract does not restrict their rights, only the Town's rights. It is puzzling to me why these eight positions were chosen and why the Select Board felt they were needed since, as I said, they don't provide anything to the Town. Perhaps Mr. Carney will write another letter or speak at a Select Board meeting and let us know.

6 comments:

Anonymous said...

I would respect Bob Carney more if he said he didn't understand what he was signing.
The fact that he openly defends signing contracts that are not in the best interest of the town is shameful!
We have language in our town charter that was put there for a reason. To try to change that language by way of those contracts is opening the door for a lawsuit. Thanks, but no thanks Bob.

Anonymous said...

Bob, why don't you approach them now! See if they're willing to have the clauses removed! Great idea Bob!

Anonymous said...

Hey Bob, Can we get those clauses all removed this week or are you too busy trying to spend our money on your hairbrained idea for a recall provision?

Anonymous said...

Does anyone know how much money it costs the town for a special town meeting?

Anonymous said...

Does anyone know who provided that confidential letter to the S-T? For that matter, does anyone know who leaked Michael Gagne's non-renewal to the S-T?

We don't hear anything about this, anymore, just the initial news that it happened. Are there no consequences to these actions if it were someone within the government, especially with the non-renewal information getting out?

Anywhere else, people would get fired. Business as usual in Town? Is this what happens? Things just get glossed over?

Anonymous said...

Yeah... how can anyone make backroom deals with all of these pesky leaks?