Friday, February 27, 2009

The never ending story -partie deux

Having presented the letter from Attorney Bartulis where he questions the wisdom of the employee protection clauses, I would like to present the text of those clauses. You can find them here.
Some people have asked in comments to the first post for the notes on who were present at the meeting mentioned in the letter. Attorney Barulis' notes from the February 9, 2006 meeting can be seen here. (I added the highlight.)
You will notice that Att'y Bartulis is providing these contract changes to the Executive Administrator while corresponding with Ms. Copley, not the Executive Administrator or Select Board members. This can be confirmed by emails which I will publish in future posts. These changes were not in the town's interests but in that of the employee. Nonetheless, the town was paying Att'y Bartulis to draft them, not the employee who will benefit from the changes. Certainly employees can and should have an attorney help them draft contracts to present to the town ...

... but they should pay for it, not the town. Having the taxpayer pay for contracts which are contrary to their interests is adding insult to injury.
The portion of this contract language which I find as egregious as the automatic renewal is this

“For purposes of this agreement, the phrase “subject to the availability of Town appropriations” shall be understood to mean that the TOWN will make every reasonable effort to secure the necessary appropriation to fully fund this position. The Select Board will have an affirmative duty to budget for the position and to speak in favor of funding this position in total. It is also understood that if layoffs or staff cutbacks are needed in the Town, this EMPLOYEE’S position will only be decreased or eliminated after the Town has already undertaken to decrease or eliminate other positions which add up to the amount of the annual salary of this position first. In the event that the funding for the position of EMPLOYEE is not appropriated or is otherwise decreased or eliminated during the life of this agreement, it is further understood between the parties to this Agreement that EMPLOYEE will be offered another management position in Town, if any exists, as determined by the Executive Administrator, for the same pay and benefits which inure to him/her under this Agreement, for the remaining duration/term of this written agreement.
Bold emphasis added by me
Those who say these contract don't tie the hands of the town, please note that future Select Boards are to have a contractual DUTY to speak in favor of the funding. Then the town must still pay an equal salary even if the job is not funded by Town Meeting.
I am astounded and outraged to this day that five individuals who presumably should have been watching out for the taxpayers interests could think that language was a good idea. What do you think about it? Tell us in comments.

20 comments:

Anonymous said...

Bill,

Thanks for putting this on the blog. Ms. Dias has lost all credibility now that she was at the meeting.

Anonymous said...

WOW, Just wow. I'd sure like to hear what Dias and Carney or Miller have to say. Those three shouldn't ever be given the power to oversee our money again.

Anonymous said...

Politically speaking, Nat Dias is now a walking corpse. She told a big, big lie and she got CAUGHT!

Anonymous said...

Bill, this contract language is grotesque, a total sellout of the town's taxpayers. But Select Board members were so stupid that they "did the deed" in secret. Thank goodness that Massachusetts has an Open Meeting law. The courts will ultimately do the right thing and throw out every secret contract. Just like we threw out Miller. Just like we threw out Leduc. Just like we threw out McLean. And just like we're going to throw out Carney and Dias.

Anonymous said...

I cannot believe a court could not make a ruleing on these contracts in about 10 minutes,I hope the SB removes all this language from these contracts before they are renewed.As for Mr. Gagne, Mr Miller,Miss Dias ,and the other SB member who signed off on these contracts, they should dig a hole and bury their heads in shame and never seek poltical office again.

Anonymous said...

Bill, is there other correspondence from Attorney Bartulis that mentions Nathalie's name, or did I miss it in this one?

Thank you for revealing to us all.

Anonymous said...

I like that - - "walking corpse."

Anonymous said...

Wow.

Anonymous said...

Holy cow! This contract language, crafted in secret, is simply egregious and a total sellout of our town. It is indefenbsible. How could any of those five Select Board members look themselves in the mirror after agreeing to language dictated to them by their employees?

Anonymous said...

Who is this paralegal and why did she get to dictate the terms of this sweetheart deal?

Anonymous said...

Anon. 8:42.

Doris Copley.

Below is a portion of the letter from Boston attorney Joseph T. Bartulis, Jr. to Michael Gagne, sent February 23, 2006. It should explain for you the reasons for the contract's protective clause (b) provision and automatic contract renewal language. This clause (b) provision and automatic contract renewal language was included into eight contracts: Doris Copley; Mike Gagne; Ed Iacaponi; Deborah Piva; Joel Reed; Paul Bergman; David Hickox; and Steven Melo. Initially it was to be included in Ms. Copley's contract only, but a decision was made later to incorporate it into seven other contracts as well.

Ms. Copley's contract was then renegotiated in excess of twenty-five months before it was due to expire. Five others were also renegotiated many months in advance: Gagne, Iacaponi, Piva, Reed, and Melo.

At the December 29, 2008, Select Board meeting, Nathalie Dias informed the public that it was the intent of the Board at the time to incorporate this protective clause (b) provision and automatic contract renewal language into all the contracts as they became due for expiration.


"MURPHY, HESSE, TOOMEY & LEHANE, LLP

Attorneys At Law



CROWN COLONY PLAZA

300 CROWN COLONY DRIVE, SUITE 410

P.O. BOX 9126

QUINCY, MA 02269-9126

TEL: (617) 479-5000 FAX: (617) 479-6469



Please Respond to Quincy

February 23, 2006



Michael Gagne

Executive Administrator

Town of Dartmouth

Dartmouth Town Hall

P.O. Box 75399

Dartmouth, MA 02747-0985



Re: Changes to Copley Employment Contract



Dear Mr. Gagne:



This letter serves as follow-up to the meeting you and I had with two Select Board members, Ed lacaponi, and Doris Copley. At that meeting, I was directed to further prepare employee—protection language to the contracts of Doris Copley and others. The intent of these protections was to shield these employees from performing their jobs in a political fashion (with an eye toward addressing a concern of one or more select persons) and instead perform their jobs without fear of political reprisal or whim of a particular Board of Select Persons. You also indicated that the sitting Select Board, as a whole sees merit to shielding these jobs from the political process and has apparently agreed to add language to one or more of the current individual, department head contracts which it hopes will give the affected employees some additional piece of mind. While I am usually in the position of affording management, not the employees, with the most protections, and while I am not usually asked to bind a Town with more restrictive contractual language, since you have indicated that the Select Board wants to accommodate Ms. Copley’s concerns regarding funding, just cause protections, negotiable wages
job security issues, and renewal language, I have drafted some clauses which you and the Board might find useful to meet your shared objectives."

Hope this helps.

Anonymous said...

Even the LAWYERS knew this was wrong! Why was Doris Copley the point person on this anyway? What makes her so special?

Anonymous said...

VOTERS' SCORECARD ON THE FIVE SELECT BOARD MEMBERS WHO SOLD OUT OUR TOWN:

Bob Miller - THROWN OUT OF OFFICE

Jreck LeDuc - THROWN OUT OF OFFICE

Kathleen Horan-McLean - THROWN OUT OF OFFICE

Bob Carney - POLITICALLY DEAD (caught asleep)

Nathalie Dias - POLITICALLY DEAD (caught in a lie)

There is a price to pay for selling out your town.

Anonymous said...

The first six contracts were for Copley, Gagne, Iacaponi, Reed, Melo, and Paiva. That was in February 06. Two others were signed in June 06 for Bergman and Hickox. These six contracts were signed a few months after new 3 year contracts had been approved. Why would the town renegotiate these contracts early for a few and wait for others if they were all going to get them. Bogus BS if you ask me. This was a deal to protect someone's favorites. Care to guess who? Miller? Dias? Carney?

Anonymous said...

Miller's?

Anonymous said...

So, Doris C. goes to Boston and has a lawyer write her contract and THE TOWN TAXPAYERS PAY FOR HER LAWYER. She tells her boss (Gagne) what she will and won't do and where she wants her office too! Why did Doris C. need protection??? Was it because Joe Hannon didn't need her and her job was at risk???
Unbelievable!

Anonymous said...

To 9;48am, I interpret Coplet's letter to Gagne the exact same way that you describe.

Anonymous said...

Where was "management" (the Select Board members) in this "negotiation"? It certainly looks like they entirely abandoned their lawful responsibilities and simply let their employees dictate the terms of their employment. What a deal for "The Lucky Eight". It demonstrates complete contempt for the taxpapers. So far, we have jettisoned three of the five guilty SB members. Next up: Bob Carney (April 2009) and Nathalie Dias (April 2010).

Anonymous said...

From what I understand, the letter from Bartulis and any concerns expressed by Bartulis, were not shared with the entire Board and only the few members who participated, Ms. Copley and Mr. Gagne were aware of the cautionary letter and concerns of the attorney. The select few including Mr. Gagne chose not to share the letter with the Board. However, the smart thing to have done would have been to remove the offensive language at the conclusion of the contract, with a one year extention as recommended by our Town counsel. The current Board is also doing an extreme disservice to the Town embroiling the Town in litigation and persuing what appears to be a witch hunt from the salem witch trials. This Board is out of control. Hopefully Lara will bring some positive energy to the group. I do not believe Diane Gilbert has a shot in hell of re-election.

Anonymous said...

The lawsuit is brought because these contracts are automatically self renewing. Get it? There is no just sign a new contract. They renew AUTOMATICALLY with the same terms! What the heck are you talking about? Witch hunts? All you are doing is spouting the talking points given out by Stone. Get a clue before you write something.