HomeMy WebLinkAbout1998-09-21 RMLD Board of Commissioners MinutesReading 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
Executive Session - September 21, 1998 Page 2
1. Board Discussions (Continued)
a. Litigation Strategy Issue Related to MCAD Case
- Mr. Barna stated that the Board can do whatever they want. He recommended that the Board
not judge this; Mr.. Hughes did sign this affidavit and swore to it under oath; whether it's true
or not, it can be discussed; Mr. Barna also said there will be questions during the hearings
regarding every statement made in that affidavit.
- Mr. Barna said it could take several years to get an answer from the MCAD on the retaliation
issue because of their very extensive case backlog.
- Mr. Ames asked if Mr. Hughes' affidavit has extended the duration of the case.
- Mr. Barra said they don't know and won't know until the hearing officer rules on probable
cause.
Mr. Pacino stated that all the other 4 Commissioners had to come up with affidavits as to what
they believe is true; "it's an unfortunate situation we're in." He stated he was very chagrined
that we are in this position, that he hates to go to the State Ethics Board, but feels they may have
to and agreed that it would be inappropriate for the Board to handle it.
- Mr. Swyter agreed.
- Mr. Burditt agreed.
- Mr. Barna asked for direction.
Motion
Mr. Burditt made a motion, seconded by Mr. Swyter, that the Board refer the affidavit and Mr.
J ' Hughes to the State Ethics Board for review.
Moved and seconded.
Motion carried by a poll of the Board members 4:0 with 1 abstention, Mr. Hughes
Mr. Pacino - Aye; Mr. Ames - Aye; Mr. Burditt - Aye; and Mr. Swyter3- Aye.
Mr. Burditt made z motion, seconded by Mr. Swyter, that they adjourn the Executive Session and
return to the Regular Session until later in the evening and move back to Regular Session.
Motion carried by a poll of the Board members 5:0
Mr. Pacino - Aye; Mr. Ames - Aye; Mr. Hughes - Aye; Mr. Burditt - Aye; and Mr. Swyter - Aye.
A true copy of the RMLD Board of Commissioners;
minutes as approved by a majority of the Board.
Mr. Willard Burditt
Secretary, RfVILD Board of Commissioners