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HomeMy WebLinkAbout2024-07-09 Select Board Minutes�H rR�O Town of Reading ?� Meeting Minutes '!w<onvo�`` Board - Committee - Commission - Council: Select Board Date: 2024-07-09 Time: 6:30 PM Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Location: Select Board Meeting Room Session: Open Session Version: Final Carlo Bacci, Karen Herrick, Mark Dockser, Chris Haley, Melissa Murphy via Zoom Members - Not Present: Others Present: Town Manager Matt Kraunelis, Executive Assistant Caitlin Nocella, Ed Ross, Mary Ellen O'Neill, Kendra Cooper, Nancy Docktor, Jeffrey Dietz, John Lippitt, Linda Snow Dockser, Tara Gregory, Ivria Fried Minutes Respectfully Submitted By: Caitlin Nocella Topics of Discussion: Bacci called the meeting to order at 6:30 pm. Public Comment Ed Ross feels the board does not have any real facts to pull Herrick off the Killam board. Mary Ellen O'Neill noted she is disturbed by recent events by the board including bumping off the incumbents from CPDC and Herrick off Killam. Kendra Cooper suggested asking the Attorney General to come out and give them a presentation on Open Meeting Law. Nancy Docktor feels the board doesn't value their volunteers and never appoints qualified individuals to the Board of Health. Jeffrey Dietz made a comment referencing last Thursday's board meeting to the novel 'The Trial'. John Lippitt feels the board is not being transparent and wants Bacci to step down. Linda Snow Dockser noted Casey Moulton's previous accusations against her are false. She noted that she and her husband, Mark Dockser, do not speak about town business at home. The board was provided with an email from Jackie McCarthy correcting the record that in fact she did not speak with Linda Snow Dockser about the Town Manager Selection process. Tara Gregory feels Bacci is leaving materials out of the packet and wants Haley to apologize to Dockser about the McCarthy accusations. Page I 1 ML ComDlaint #1 - John UDDitt At 6:54 PM, Haley moved to enter into Executive Session under Purpose 7 for the purpose of complying with Section 22 of the Open Meeting Law by reviewing the June 4, 2024 executive session minutes for approval and potential release, to invite Town Counsel and Town Manager Matt Kraunelis and Executive Assistant Caitlin Nocella into the Executive Session, and to return to Open Session for the purpose of announcing the results of this Executive Session and continue on with the meeting. The motion was seconded by Herrick, and the following roll call vote was taken: MM - no; MD - yes; CH - no; KH - no; CB - no. Town Counsel urged the board to do this in executive session because they haven't seen the minutes. Dockser made a motion to reconsider the previous motion. The motion was seconded by Herrick and approved with the following roll call vote: MM - no; CH - no; KH - yes; Dockser - yes; CB- yes. The board further discussed doing this in executive session or not with Haley feeling that there is no reason to do these behind closed doors, but Dockser noting the board should see the minutes and make sure they are accurate before the public does. Haley again moved to enter into Executive Session under Purpose 7 for the purpose of complying with section 22 of the Open Meeting Law by reviewing the June 4, 2024 executive session minutes for approval and potential release, to invite Town Counsel and Town Manager Matt Kraunelis and Executive Assistant Caitlin Nocella into the Executive Session, and to return to Open Session for the purpose of announcing the results of this Executive Session and continue on with the meeting. The motion was seconded by Herrick, and the motion passed with the following roll call vote: MM - no; MD - yes; CH - no; KH - yes; CB - yes. The board came back to open session at 8:08 PM. Bacci noted they approved and released the executive session minutes. Haley moved to enter into Executive Session under Purpose 1 for the purposes of discussing and responding to the following Open Meeting Law Complaints: (1) an Open Meeting Law Complaint filed by John Lippitt on June 25, 2024 and; to invite Town Counsel and Town Manager Matt Kraunelis and Executive Assistant Caitlin Nocella into the Executive Session, and to return to Open Session for the purpose of continuing on with these agenda items and to continue on with the meeting. The motion was seconded by Dockser. The board discussed the motion. Dockser asked how they were going to proceed with open meeting law complaints going forward because it seems sometimes they go into executive session and sometimes they don't. Bacci noted it would be case by case for him. Murphy and Haley noted they would like to do all of them in open session. The board took a roll call vote on the motion, and it was a unanimous vote to not go into executive session for this discussion. Pae. 1 2 Bacci noted it is sad they have another open meeting law complaint based on a statement and not facts. Haley feels the executive session minutes that they just released should bring more clarity to this. Dockser feels the board needs to do better going forward. The board discussed at length the previous executive session that the complaint specifically references. Dockser and Herrick are concerned that they are not dealing with these complaints consistently. Town Counsel chimed in and noted that, absent other information, the Attorney General will take the word of the board member if something did or did not occur. The board needs to figure out if the conversation between Haley and Bacci happened, then there was a violation; however, both Haley and Bacci are stating they did not have a conversation, therefore, the board can find a violation did not occur. Dockser moved to authorize Town Counsel to respond to the open meeting law complaint that the board did not find a violation occurred. Herrick seconded the motion. The board took the following roll call vote: MM - yes; MD - yes; CH - yes; KH - abstain; CB - yes. Coen Meeting Law Complaint #2 - Daniel Dewar Haley moved to enter into Executive Session under Purpose 1 for the purposes of discussing and responding to the following Open Meeting Law Complaints: an Open Meeting Law Complaint filed by Daniel Dewar on July 2, 2024, to invite Town Counsel and Town Manager Matt Kraunelis and Executive Assistant Caitlin Nocella into the Executive Session, and to return to Open Session for the purpose of continuing on with these agenda items and to continue on with the meeting. The motion was seconded by Dockser. The board unanimously voted not to go into executive session. The board received an email from McCarthy correcting the timeline of the record of events that unfolded before her resignation. Town Counsel noted this complaint is essentially three parts. She noted spouses of board members do not lose their right to communicate with elected officials just because they are married to a Select Board member. If a Select Board member is directing their spouse to speak to certain people, that would be different; it is all about intent. It was noted McCarthy did send an email clarifying that Linda Snow Dockser did not speak with her about the Town Manager process. The second part of this complaint the board has already dealt with, and the board can respond that way. The third component is that Herrick communicated with McCarthy about the Town Manager selection process. Herrick had previously stated she had not spoken with McCarthy, but text messages were included with this complaint that were collected from a public records request. Herrick feels that the text messages aren't relevant to who she was voting for; she never said which candidate she was going to vote for. She feels these weren't in the time frame of the public records request which is why she also did not provide these texts when they were requested. Page 1 3 Town Counsel noted that the board could wrap this into previous complaints and respond that it has already been addressed. She also noted that after viewing the text messages she believes the Attorney General would find that the town manager process was discussed in these texts, the candidates were discussed, and they crossed the line into deliberation. It is the board's decision whether or not to decide if the board feels they have already addressed this complaint or if this new information makes them want to respond differently. Haley noted he would like to move on from this if Herrick would admit she spoke with McCarthy about the town manager process. Herrick felt she was being threatened. Murphy feels this falls under the previous open meeting law complaints. She feels the board needs to own its mistakes and move on. She would like Town Counsel and the Attorney General to come give the board a training. Bacci noted this is new information for him that he wishes they had months ago. Haley noted they submitted a response to the Attorney General that now contradicts this information they have now. Town Counsel suggested that the board recognize that they have come into new information relative to the previous open meeting law complaints, the board would like to correct the record, move on, and recommit to following open meeting law. The board agreed this is the best way to respond to the complaint. Dockser moved to authorize Town Counsel to respond to the open meeting law complaint filed by Dan Dewar as discussed. The motion was seconded by Murphy and approved with a unanimous roll call vote. Reorganization Bacci noted he is disappointed and frustrated that these text messages were not brought forward sooner. Dockser noted the board needs to learn how to work together again. They need to have a discussion on how they are going to accomplish this. He feels this is not moving forward. The board needs to have that discussion on their rules and policies to do better before having this conversation of reorganization. Bacci noted since February b`", this board has been a circus. Herrick moved to adjourn the meeting at 9:44 PM. The motion was seconded by Dockser and approved with the following roll call vote: MM- yes; Dockser - yes; Haley - no; Herrick - yes; Bacci - no. rl e"Ia