Town Council Non-Public Minutes February 19, 2009 PDF Print E-mail

NEWMARKET TOWN COUNCIL

FEBRUARY 19, 2009

FINANCE DEPARTMENT

7:00P.M.

NON-PUBLIC

Present:                                                                                  Absent:

Chairman Dana Glennon                                               

Vice-Chairman Judith Carr

Councilor James Bergeron

Councilor Rose-Anne Kwaks

Councilor Michael LaBranche

Councilor Steve Minutelli 

Councilor Michael E. Ploski  

Administrator Ed Wojnowski

Chairman Glennon called the meeting to order at 7:04pm.

Motion: To enter into Non-Public Session RSA 91-A:3 II (c) at 7:04pm.

Motioned: Councilor Ploski

Seconded: Vice-Chairman Carr

Vote: 7-0 Motion carries

            Councilor Kwaks                     Aye

            Councilor Bergeron                  Aye

            Councilor LaBranche               Aye

            Councilor Ploski                       Aye

            Councilor Minutelli                   Aye

            Vice-Chairman Carr              Aye

            Chairman Glennon                   Aye

Chairman Glennon noted he had asked Larry Pickering to be part of this discussion because a letter had been specifically sent to him. He handed out copies of the letter to each Councilor.

Larry Pickering explained he did not know why the letter was sent to him. He showed the original envelope indicating the cancelled postage date of January 16, 2009. The letter had been addressed to him and sent to his home address. The letter was not dated and was not signed. The letter expressed concern with the amount of staff at the Public Works Department feeling there were more positions than were needed. The letter questioned the cleaning of the Community Center, the use of Town vehicles for personal use and the qualifications of the Public Works Director. He reiterated that he was unsure why he was sent this letter, but had felt the Town Council and Town Administrator needed to be aware of the contents. He called Councilor Minutelli to request a meeting be set up.

Councilor Minutelli explained he had brought the letter to Chairman Glennon and Vice-Chairman Carr after a Saturday budget session. He felt he had followed the proper protocol.

Chairman Glennon explained Larry Pickering had asked the letter be brought to all Councilors at the same time. Although there was no signature on the letter this was not the first time there has been concerns about the inner workings of the Public Works Department.

Larry Pickering left at 7:12pm.

Councilor LaBranche expressed his concern with violating the Town Council’s Rules of Procedure by discussing an anonymous letter.

Chairman Glennon felt the Council had an obligation to address the letter, although there would be no specific response due to the anonymity of the sender.

Councilor Ploski suggested implementing a similar system that the Post Office uses to monitor vehicle usage. This would be a tool to monitor vehicle use and mileage.

Councilor Bergeron asked if there was a clear policy on the use of Town vehicles.

Councilor Kwaks noted the Town Charter specifically states Town vehicles should not be used for personal use.

Administrator Wojnowski suggested if the Council were to get into in depth discussions about the allegations, the individuals should be present. He noted personnel issues are a purview of the Town Administrator.

Councilor Kwaks referenced Section 3.15 ‘Inquiries and Investigations’ and Section 4.11 ‘Non-Interference with Town Administration’ of the Town Charter. She recommended Administrator Wojnowski look into the allegations and report back to the Town Council. She felt it was important to enforce the policies that are in place and did not feel that was being done.

Councilor LaBranche felt accountability and responsibility could be lacking. He noted Administrator Wojnowski is responsible of overseeing the department heads; department heads are responsible for overseeing department employees. He suggested speaking with the department heads to ensure they understand their responsibilities relative to managing employees. He felt Councilor Ploski’s suggestion of monitoring the mileage of Town vehicles was a good idea. If there was a vehicle that traveled an unusual number of miles, there would need to be an explanation and supporting information.

Councilor Kwaks felt a documented verbal warning as stipulated in the personnel policy.

Chairman Glennon noted the Public Works Department may be under the old personnel policy since union negotiations began before the new policy was accepted.

Administrator Wojnowski noted it was his responsibility as Town Administrator to determine the course of action.

Councilor Ploski agreed noting if the Town Council felt Administrator Wojnowski had not handled the situation appropriately, the Council could step in as Administrator Wojnowski’s supervisor.

Administrator Wojnowski referenced the situation at the landfill where an employee has her husband there while he is not on the clock. The employee’s husband remains there during her shift to ensure there are no problems between her and residents who come to the landfill.

Chairman Glennon felt if the employee was in fear of doing her job she should be moved to another position. The husband should not be there while he is not on the clock because if he got hurt there would be a liability issue.

Councilor Kwaks felt employees who violate the personnel policy should have a copy of Section 3.14 of the Town Charter given to them to read and sign. During this process, the Town Administrator should review the information with the employee to ensure there is full understanding of the violation.

Councilor Ploski felt the situation had been addressed by the Town Administrator. No further stricter action can be taken on an anonymous letter.

Councilor Bergeron felt it would be a dangerous precedent weighing the contents of an anonymous letter heavily.

Councilor LaBranche agreed stating the only part the Council should be addressing is the personal use of town vehicles as Chairman Glennon has personally seen a town vehicle at an employee’s home. He agreed a verbal warning was appropriate but also felt there should be documentation put in the employee’s personnel file for future reference.

Chairman Glennon agreed.

Chairman Glennon suggested the Council and Town Administrator should review the responsibilities of the Public Works Director and Fire Chief. He felt there may be too many responsibilities delegated to one person. He noted he would check with Larry Pickering to see whether the Town Council or former Town Administrator had hired for the position.

Councilor Kwaks noted she had passed by the Bay Street parking lot several times one day and had seen a town employee sitting in a large piece of equipment each time she passed by. She estimated it to be over an hour the employee was sitting there.

Chairman Glennon referenced an anonymous email he received today. The content of the email suggested the department heads should be interviewed prior to renewing Administrator Wojnowski’s contract. He suggested he would give the email to MIS Director Doug Poulin to see if he could find out who sent the email.

Councilor Kwaks referenced a meeting with the Municipal Audit Committee relative to an employee accepting cash at the landfill, which is against Town policy. The Municipal Audit Committee has requested Administrator Wojnowski research the allegation and provide a report according to Section 4.11 of the Town Charter.

Chairman Glennon noted the sequence of events could be provided but not the actions taken.

Councilor LaBranche did not feel the Municipal Audit Committee had the authority to request such information.

Councilor Kwaks read the Right to Know law stating the police report is a public document.

Administrator Wojnowski noted there needs to be flexibility provided for residents who forget their checkbook. He suggested employees could accept the cash and provide the resident with a document stating no cash would be accepted.

Councilor Kwaks noted Melanson & Heath had recommended stopping acceptance of cash immediately.

Councilor Ploski suggested not accepting cash. If a resident showed up with no check, the employee could take the license and car registration information in order to bill the resident for the fee.

Chairman Glennon noted cash should not be accepted; no exceptions.

Councilor LaBranche suggested the Town Council revisit the policy and refine it as necessary. He also suggested a sign be put at the stop sign at the shack so there is an additional notice that cash would not be accepted.

Chairman Glennon noted he would get the discussion on a future agenda.

Councilor Kwaks noted Leo Filion had requested a report relative to earnings by union employees. She noted there are many Town employees who are family members and asked if there was a policy for family members as employees.

Chairman Glennon noted he would add this to a future agenda.

Motion: To leave Non-Public RSA 91-A:3 II (c) at 8:15pm.

Motioned: Vice-Chairman Carr

Seconded: Councilor Ploski

Vote: 7-0 Motion carries

            Councilor Kwaks                     Aye

            Councilor Bergeron                  Aye

            Councilor LaBranche               Aye

            Councilor Ploski                       Aye

            Councilor Minutelli                   Aye

            Vice-Chairman Carr              Aye

            Chairman Glennon                   Aye

Councilor LaBranche expressed his concern with sealing of the minutes as the Council had gone off topic several times.

Motion: To seal the non-public minutes because the divulgence of information likely would adversely affect the reputation of someone other than the Town Council.

Motioned: Vice-Chairman Carr

Seconded: Councilor Kwaks

Vote: 4-3 Motion fails

            Councilor Kwaks                     Aye

            Councilor Bergeron                  Nay

            Councilor LaBranche               Nay

            Councilor Ploski                       Aye

            Councilor Minutelli                   Nay

            Vice-Chairman Carr              Aye

            Chairman Glennon                   Aye

Councilor LaBranche noted the motion failed because sealing of the minutes must pass by a two-thirds vote of the Council.

The Council discussed the sealing of minutes.

Motion: To reconsider the last vote.

Motioned: Councilor Ploski

Seconded: Vice-Chairman Carr

Vote: 4-3 Motion carries

            Councilor Kwaks                     Aye

            Councilor Bergeron                  Nay

            Councilor LaBranche               Nay

            Councilor Ploski                       Aye

            Councilor Minutelli                   Nay

            Vice-Chairman Carr              Aye

            Chairman Glennon                   Aye

Chairman Glennon noted the motion carries because majority vote is needed.

Motion: To seal the minutes of the non-public session because the divulgence of information would likely adversely affect the reputation of someone other than the Council.

Motioned: Councilor Ploski

Seconded: Vice-Chairman Carr

Vote: 2-5 Motion fails

            Councilor Kwaks                     Aye

            Councilor Bergeron                  Nay

            Councilor LaBranche               Nay

            Councilor Ploski                       Aye

            Councilor Minutelli                   Nay

            Vice-Chairman Carr              Nay

            Chairman Glennon                   Nay

Motion: To adjourn at 8:29pm.

Motioned: Councilor Ploski

Seconded: Councilor LaBranche

Vote: 7-0 Motion carries

            Councilor Kwaks                     Aye

            Councilor Bergeron                  Aye

            Councilor LaBranche               Aye

            Councilor Ploski                       Aye

            Councilor Minutelli                   Aye

            Vice-Chairman Carr              Aye

            Chairman Glennon                   Aye

Respectfully Submitted, Erica Spechuilli

 

 
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