1994-05-05 Board of Selectmen Executive Session Minutes

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i Board of Selectmen Meeting Executive Session May 5, 1994 The meeting was convened at 7:45 p.m. Present were Chairman George Hines, Vice Chairman Bill Burditt, Secretary Sally Hoyt, Camille Anthony, Dan Ensminger, and Town Counsel H. Ted Cohen. Town Counsel reviewed the Town of Reading Personnel Policies, Section 10, Disciplinary Action and Section 11, Complaints Procedure, in response to the request of Stuart LeClaire for appeal to the Board of Selectmen of his termination as Building Inspector by the Town Manager. Town Counsel also reviewed Massachusetts General Laws, Chapter 30A, §11, provisions l - 8, Adjudicatory proceedings and additional requirements. Town Counsel responded to questions raised by Board members with respect to public hearing procedures and a hearing in executive session. Board members raised questions with respect to the presence of Cable TV at the public hearing. Town Counsel advised the Board they should proceed in the usual manner in the presence of Cable TV if an open public hearing is requested. Board members asked who had the right to subpoena witnesses. Town Counsel responded that the Town Manager and former Building Inspector could subpoena witnesses. The Board asked Town Counsel if a public stenographer should be engaged and the approximate cost to record an official record of the hearing. The Board will be advised if needed. Town Counsel advised Board members they should serve as judge and/or jury during the hearing proceedings. He further indicated that Board members should feel free to request clarification of statements, should they not understand the information presented. They were also advised by Town Counsel they could call for a brief recess at any time during- the hearing. Town Counsel advised Chairman Hines of his authority to limit repetitious evidence and to keep the hearing under control. However, each person should have an opportunity to speak, as long as the information is not repetitive. Town Counsel also indicated that the hearing could be continued, if necessary. The Board asked Town Counsel when they should render their decision and were advised they did not have to deliberate immediately, but could take the matter under advisement, prepare their decision in writing, and present it at a future meeting in open session.