There have been some claims in comments to other posts that the lifetime contracts which Mr. Miller signed with town employees were not lifetime contracts but merely had "just cause" language as many contracts do. That statement is patently wrong. The contracts had language which said the term renewed automatically. Here is what was in the contract.
10. RENEWAL:
This agreement shall be renewed under the current terms, except for “good cause” as defined in the Dartmouth Town Charter, Section 6-9. The EMPLOYER is under no obligation to renegotiate over changing the terms of the agreement. However, in the event that this agreement is re-negotiated to completion prior to, but not executed by, the expiration date of this agreement, the EMPLOYEE shall continue employment under the full terms and conditions of then-expired contract until such time as the new agreement is executed. EMPLOYEE shall be entitled to retroactive payment of any salary and/or benefit increases which occurred due to the late execution of the agreement. It is understood, however, that if the parties do not settle on the changed terms of the successor agreement prior to the expiration of the most recent contract, retroactivity will only be applicable if the parties agree to it as part of their negotiations, and shall only go back as far as the parties agree.
In legal terms, the word "shall" means "must be". The contract is endless under this wording. But there is more. the contract also stated the town must budget for the job ...
... and if the Town Meeting didn't fund it, the town must offer the person another job at the same pay. Here is the wording.
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.
As I pointed out, the term is forever. This clause makes the pay and position guaranteed. Attorney Bartulis, who drafted the contract said,
"Assuming this same language was in a number of different contracts in the Town, the Town could have a staff of potentially over-paid individuals doing less important management jobs, conceivably, just because the Town agreed not to let them go without just cause. Virtually every contract, even the union contracts which afford just cause protections, have management escape clauses which afford the employer the ability to terminate an employee at-will for lack of work, etc., as determined by the employer. This one does not."
When Attorney Bartulis met with Select Board members, his notes show that Bob Miller was one of two members who attended the conference about the contract language.
Bev Days also wrote a letter in today's Standard Times on this subject. Link to that letter here (subscription required).
My view is that these never ending, guaranteed contracts were a breach of the public trust. The Select Board should protect the interests of the taxpayer, not town employees, when negotiating contracts.
I have posted extensively about what went on with the lifetime contracts and if you want all the details click on "contracts" under the LABELS menu on the left side of the page.
What do you think?
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28 comments:
This agreement shall be renewed under the current terms, except for “good cause”
What is the difference between just cause and good cause?
It seems good cause means if there is a reason for dismissal or non renewal the contract can be ended and therefor by definition not a lifetime contract.
In fact, if it were a lifetime contract HOW was he released?
For the last time, the contract shall be renewed means the contract must be renewed. Other contracts have language that allow removal for cause during the term of the contract. This contract has an endless term. Just cause means that a person can only be removed for illegality or incapacity. The other section says the person has to be employed by the town regardless of the funding for their position and at the same rate of pay. I have little doubt that Mr. Miller was trying to guarantee the employment of these individuals by the town for as long as they wanted to be employed. A fair reading of the contract leaves little doubt in that regard.
If the "he" you refer to is Mr. Gagne, both our town charter and state law fix the length of an Executive Administrator contract at 3 years. That was the town's position, the maximum contract allowed is three years. Even so, a lawsuit was filed contesting that interpretation.
This contract issue has been beaten to death. Obviously the contract was not renewed so the idea that it was for life has been disproven by history. An auditorium full of people could not save Mikes job. Who were the other people who signed these contracts? The way the Michaud Machine is talking it was just Bob Miller and we both know that's not true. Bob was on the board for a long time and if that's the best you got don't have much. The current board terminated these people against the will of the town (the people who put you there) and with a cost will could ill afford in this economy. At least Bob listens. He keeps an open mind. He will represent the people who voted for him and the people who did not. From what I've seen Michaud represents him self and perhaps a select few.
VOTE FOR BOB MILLER APRIL 6 2010
The issue may be beaten but the guy who created it wants to get back into office, so it is not dead just yet.
About the only appointment the Select Board can make is the Executive Administrator. If you make that person immune from influence, then how is the Select Board going to have any influence at all? And why, pray tell, is the paralegal such a valuable position that we need to guarantee that person a job with the town for life?
To 2:37, I think the reason the other four involved in the contracts-for-life have not been publicly identified is out of respect for them. If you want to know the names, ask the Town Clerk to let you read the documents and the attorney's notes regarding events leading up to and resulting in the acceptance of the contracts' protective provisions by the five individuals involved.
Right now, one of them, Mr. Miller, wants to get back on the Select Board. That and his role in the contracts-for-life is reason enough that he be identified.
All due respect Mr. Trimble how long have you actually been a resident of this town. I think it is very scary when someone who suffers not the pains of those that have been here for a lifetime comes in and offers a way to "save" us. As far as the contract language it seems that at that time in our Town's history we found qualified, capable, honorable people to fill certain needs and "locked in that talent with appropriate language. Not much more uncommon than a sports team who offers a long term contract to a player they wish not to lose. It is a shame that you are of the opinion that our town is incapable of possessing the talented people to run its most basic functions. To keep harping on past leaders as if you are familiar with them in annoying.
anon 2:37 The reason the contract was terminated was because it was not legal under state law or our town charter. So the person you claim served the community was acting against the law. And yes, Mr. Miller was one of two Select Board members who were the architects of these contracts. Go back and check the lawyer's notes who drafted the contracts. I believe Bill had posted it at one time.
The lawyer who wrote the contracts clearly stated in his notes that he informed the Select Board at the time that these contracts were not in the best interests of the town. That Select Board, which included Bob Miller, went ahead and signed them anyway. How is that serving the residents??? Every Select Board who signed those contracts is now gone except for Nat Dias who will be gone in April. Do we really want one of them back? I don't think so.
Taxpapers won't forget who SOLD US DOWN THE RIVER with those no-cut contracts. Bob Miller. He was at the root of it. His "friend" Doris Copley wrote the contract.
I highly doubt it was "against the will of the town." (For one thing, the town did not vote.)
I think supporters have their priorities skewed if they feel contracts-for-life are acceptable.
How can Bob Miller justify the contracts-for-life and keep a straight face? Seriously. What a joke they were. A joke on the people.
I'm so glad the never ending contracts are gone! What were they thinking! It had to be done behind closed doors because the residents would have screamed if Curt Brown had gotten a hold of it and put it in the Standard Times.
This town is finally moving away from the good ole boy mentality. Miller ran the show for 22 years! Miller took care of all his buddies. What a dark time in Dartmouth. Almost as dark as when Gagne turned off the streetlights so people would vote for an $8 million override! Let's move on!!!!
VOTE JOE MICHAUD FOR SELECT BOARD!
With all due respect, those contracts only locked the town into the agreement. The employees could leave at any time. Do you want the Red Sox to sign Beckett to a contract that says they must pay him as long as he wants but he can leave if he gets a better offer? Ridiculous, don't you think?
Bill can't the town eliminate a position (such as the paralegal) as a just cause to get out of the contract?
The atty. said not in the best interset...NOT THAT IT WAS ILLEGAL as Joe made it sound tonight.
Changing executive administrators at political whims are not good either, and that is essentially what the contract language was supposed to prohibit.
Financial stability of the town DID NOT come from JOE...it came from TOWN MEETING and Mike GAGNE
What exactley has Joe done...gone to (CPR) meetings...nothing has moved forward at all...so what did he do...NOTHING
Gosh Bob! You write the same way you speak, which makes your postings easily identifiable. Please people, avoid moving backwards! Don't let Bob the hawk get back in the hen house!
Gagne is the reason we are now financially stable? HAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
That's the funniest thing I've heard in quite a long time.
Repeat after me: No more lifetime contracts. No more Bob Miller.
The contracts were a blatant attempt to place these favored employees beyond the reach of the citizens of Dartmouth and to tie the hands of this town going into the future. They are illegal under the charter and unethical in that they were never presented to anyone else to review. They had to hire outside counsel who charged an arm and a leg in legal fees for a contract that he recommended strongly that the town not sign. All to protect Doris a step 10 employee who was not entitled to a contract.
The issue is not dead. If Doris doesn't get her position back she intends to sue under "the terms of her contract" So we will have another piece of expensive litigation compliments of Bob and his attempt to shield Doris and others from the publics right to hire and fire.
The utter hypocrisy of Miller to blame Joe for the costs associated with getting ridf of Gagne is unbelieveable. Not only was he incompetent but he was as corrupt as Miller in letting the town get into these contracts.
The whole situation stinks from top to bottom and if this clown Miller gets back onto the Select Board I am seriously worried about the future of Dartmouth
When Miller was booted from office this town was teetering on the edge of insolvency and we were stuck with a an incompentant exec adm and several other overpaid employees. Our Stab fund was at it's lowest level ever and we were looking at an unprecedented fiscal crisis. Miller was the Herbert Hoover of our time. Taking money from water and sewer enterprise funds against state law and using it to fund contracts and ongoing expenses rather than dealing with the structural deficeit.
We finally have someone who stands up against the unions and looks out for the rest of us. The choice could not be more stark.
I will be voting for Joe on April 6th
Never ending contracts were shameful. Dartmouth Select Board is now open and minutes are available to the public. No more games, trying to hide information, and sticking it to the residents.
Miller ran the town for 22 years. Way to much power and control! I like the way the town is doing business. No more good ole boy club.
I vote for Michaud!
Let's give Bob Miller a lifetime contract - in political exile.
I think Mike Gagne was probably a good guy, in a job that was a little bit over his head. To keep his job, Mr. Gagne was bullied by Bob Miller into doing some things he probably now regrets (like supporting Doris Copley's never ending lifetime contact). I'm glad the Select Board didn't review Mr. Gagne's contract, but I'm also glad he got a job in a smaller town where he's no longer under the thumb of Bob Miller.
when Gagne turned off the streetlights
It was actually the recommendation of Michauds' buddies on the finance committee, to turn off the lights, and the Selectbord implemented the decision. Gagne had nothing to do with it. I assume if the NUKE plant in Plymouth had a leak when Gagne was working in Dartmouth that some how that would have been his fault as well.
They had to hire outside counsel who charged an arm and a leg in legal fees for a contract that he recommended strongly that the town not sign.
Did this hired GUN have LIABILITY insurance??
Miller was the Herbert Hoover of our time. Taking money from water and sewer enterprise funds against state law and using it to fund contracts and ongoing expenses rather than dealing with the structural deficeit.
In all my years living in this Town I never knew that a Selectman could write checks from town accounts. I was under the impression that it was the Budget & Finance Directors job, to make and approve department Budgets, and shift funds around.
Keep slamming Bob Miller if it makes you feel better, Bottom line is the citizens will vote in 2 weeks.
Citizens like me will vote for Bob Miller and when he wins (which he will) all of your lies here won't matter one bit.
Are you telling us that the never-ending contracts that he had his hand in are lies as well?
Are you going to defend them by reading only one segment of the contract ("just cause") and ignore clause (b) under "Compensation" which spells out in no uncertain terms the job-and-lifetime protection eight town employees got?
That is precisely what Mr. Miller did on Candidates' Night.
I have just turned on DCTV's televising of the Candidates' Night. Ironically, Mr. Miller is "answering" a question (as much as Mr. Miller does answer questions) about the contracts-for-life and is doing his usual runaround by answering questions with questions of his own, such as, if this were a lifetime contract, where is Mr. Gagne now and will he walk through the door? Distract the audience by changing the tenor of the question so that the audience forgets what the original question was and forgets that Mr. Miller never did answer it after all.
This is the approach he seems to take. You have to wonder why he cannot just come out and answer the question. Maybe it's because he does not abide by the word "transparency."
He is now maligning Mr. Michaud (for how many times at this event thus far? I attended Candidates' Night, as well.)
It seems the only way he can "relate" to the people is by cutting someone else down to make himself look better. How pathetic.
You know, it is embarrassing to listen to him, not to mention nauseating.
He is now claiming, "I am what Dartmouth is."
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