1998-09-21 RMLD Board of Commissioners Minutes

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Reading Municipal Light Board Executive Session 230 Ash Street, Reading, MA 01867 September 21, 1998 Start Time of Executive Session: 7:35 p.m. End Time of Executive Session: 7:55 p.m. Attendees Commissioners: Messrs. Pacino, Ames, Hughes, Burditt and Swyter RMLD Staff: Messrs. Rucker, Cameron, Murch, and Ms. Bernat Others: Ms. Diedre Lawrence and Mr. Ken Barna of Rubin & Rudman 1. Board Discussions a. Litigation Strategy Issue Related to MCAD Case Mr. Pacino advised Mr. Hughes that he should consider whether or not to recuse himself from this Executive Session. Mr. Hughes said no. Mr. Rucker distributed a handout on the MCAD Case appeal : Mr. Joseph Tine vs. Reading Light Department. Mr. Rucker'stated that the RMLD has responded to the appeal and that Mr. Tine tried to go down the "new evidence route." Mr. Rucker handed out the RMLD's response which included affidavits from Mr. Rucker, 4 Commissioners plus a legal brief from their attorneys. The General Counsel, Mr. Barna and Ms. Lawrence spoke about the issue of Mr. Hughes filing an affidavit in support of Mr. Tine. - Mr. Tine filed his appeal claiming new evidence with respect to the affidavit of Commissioner Hughes. We responded in opposition and are waiting for the hearing officer to make a decision. Mr. Barna stated there would be a new legal strategy devised if this goes to probable cause. Mr. Tine removed any allegations with respect to the age discrimination issues and has continued with the claim of retaliation. After responding to Mr. Tine's attorneys' petition and evidence received the day of the hearing and after responding to Mr. Hughes', the General Manager met with them regarding Mr. Hughes' affidavit. Counsel suggested that Mr. Hughes' affidavit has placed the Board in an awkward position and that the issue should be filed with the Ethics Commission as to whether or not this was in violation of any ethics laws. This would then be a completely independent and objective decision. Depending on this decision, the Board could then act accordingly. - Mr. Burditt asked about criminal issues related to the meter personnel working a partial day for a full day's work and then collecting the overtime? - Mr. Barna said, "It is certainly serious; if probable cause is found, these issues could come up." He further stated that the cross examination at the hearing would be tough and difficult and all these issues will come out. - Mr. Ames stated that the affidavit contains certifications that the majority of the Commissioners disagree with and asked if he could ask Mr. Hughes if he agrees with the affidavit