Upcoming Agenda
   
Minutes

TOWN OF ACTON SELECTMEN’S MEETING
August 19, 2021

6:00pm

1.         CALL MEETING TO ORDER / PLEDGE OF ALLEGIANCE

2.         TOWN ADMINISTRATOR WEEKLY UPDATE - Tabled

3.         WARRANTS/BILLS  - Tabled

4.         APPROVAL OF AGENDA - Tabled

5.         MINUTES OF LAST MEETING - Tabled

6.         DEPARTMENT HEAD / COMMITTEE CHAIR UPDATES - Tabled

7.         OLD BUSINESS - Tabled

8.         NEW BUSINESS

A.        Executive Session 405 6 A-1 - Personnel Issue

Selectmen Ed Walsh made a motion to go into Executive Session pursuant of 405 6 A-1 personnel issue at 5:31 pm in open/public forum; seconded by Selectmen Kimberly Stacey-Horn. No discussion. All in favor.

Proceedings were recorded as follows:

Selectman David Winchell Jr. announced this executive session was a little different as the employee being discussed requested the session to be held in open forum. It has been confirmed for the record that Mr. Mowry understood his options and chose to request this to be held in open session Mr. Mowry responded yes.

The Town Administrator Jennifer Roux informed the Board that they were here tonight because the Transfer Station Superintendent/Supervisor had concerns with the employee Mr. Jeff Mowry. 

The Superintendent's first concern was noted in an email which the Town Administrator read aloud dated 8/42021, 10:55 a.m. 

Jeff Mowry was told by Supervisor that he had a project to do; to assemble a new loading ramp. Mr. Mowry shook his head, said no, indicated this was construction work and continued to sit on the stool at the compact area.

Starting with Mr. Mann, the Town Administrator asked to be walked through the approach and what happened in that situation and then Mr. Mowry will be given an opportunity to rebut.

Mr. Mann indicated what the Town Administrator read aloud was exactly what transpired. The Town Administrator asked, nothing more, nothing less? Mr. Mann indicated there was no further conversation on the matter.

The Town Administrator verified that when Mr. Mowry said no, Mr. Mann walked away. The Town Administrator asked Mr. Mann if there was anything to add. Mr. Mann responded there was nothing to add. 

The Town Administrator asked the Board if anyone had any questions to ask the Supervisor at this point. Selectman Ed Walsh asked Mr. Mann if Mr. Mowry had ever refused any work in the past. Mr. Mann responded no.

Selectman David Winchell Jr. asked if there was any conversation on safety or anything like that.

The Town Administrator indicated the floor was going to be turned over to Mr. Mowry so that he could walk the Board through when the Supervisor approached him. Mr. Mowry was asked if he agreed with the statement. Mr. Mowry responded, no.

Mr. Mowry commented that he was asked several months earlier and he had indicated he would be willing to do the job when the Transfer Station was not open to the public. The day he was being asked was for a Wednesday and Wednesdays are usually busy for him.

The Town Administrator asked Mr. Mowry if he knew when Mr. Mann had asked him to do this task? Mr. Mowry indicated it was after Mr. Mann got a call on having it done. 

The Town Administrator repeated that this incident occurred on August 4, 2021 and again asked Mr. Mowry if he knew when he was initially asked. Mr. Mowry stated a couple months prior and again stated he indicated to do it on a day they weren't open to the public. 

The Town Administrator asked Mr. Mowry to walk the Board through what happened on that day first. Noting that sometime in June or July, Mr. Mann came up and asked Mr. Mowry to install/build that same ramp.

Mr. Mowry responded, No. he just stated that a price he received was too high and was thinking Jeff could do it for him.  Mr. Mowry told the Board that he responded that was fine but he would do it on a day when they were not open to the public for regular business. Mr. Mowry continued stating he had twenty something areas for which he was responsible.

The Town Administrator asked if the Supervisor responded when Mr. Mowry told him that. Mr. Mowry stated, Bob just chuckled and said, you won’t do it, huh?  Mr. Mowry responded to that remark by saying, no, I will do it, just on a day we’re not open to the public.

The Town Administrator stated to Mr. Mann that before they got to August 4, 20201 for Mr. Mann to walk the Board through that, asking if Mr. Mann had a conversation with Mr. Mowry about this ramp prior to August 4, 2021 incident. 

Mr. Mann responded that the only conversation he had was when he was thinking about getting the ramp made out of steel and was delaying to see if he could do it. He received a price and the price was way too high, but he stated he never mentioned to Mr. Mowry about him building it.

The Town Administrator asked Mr. Mann to verify that he never asked prior to. Mr. Mann responded: To build it, no.

Turning to Mr. Mowry, the Town Administrator asked Mr. Mowry to jump to August 4, 2021 and walk the Board through what was happening on that day.

Mr. Mowry: On that day, Mr. Mann walked over and said, “I have a little project for you.” Mr. Mowry asked was it was.  Mr. Mann stated he wanted Mr. Mowry to build a ramp.  Mr. Mowry indicated that he said no, I’m not going to do it today because it is Wednesday. When asked, why not? Mr. Mowry responded, “For the same reasons as before.”

The Town Administrator asked what happened next. Mr. Mowry responded that on Saturday, Mr. Mann came back over to him and asked him again and then walked away after I responded. The Town Administrator: He walked away? Mr. Mowry: Yeah.  Town Administrator: So, you are saying you told him that you wouldn’t do it because it was a busy day of the week and nothing to do with construction? Mr. Mowry: I would like to do it on a day when we are not open to the public. Town Administrator: That’s what I told him? Mr. Mowry: I don’t keep track of my….

Town Administrator: Bob is this what happened?

Mr. Mann: No, it happened exactly like I wrote it here. That he shook his head no and said no, that’s construction work.

Mr. Mowry responded no he just said that their price was too high and he was thinking that he, Mr. Mowry could do it for him. Mr. Mowry indicated this was fine but he would do it on a day when they were not open to the public for regular business Mr. Mowry continued to state that he had twenty something areas from which he was responsible. The Town Administrator asked if the Supervisor responded when Mr. Mowry told him that. Mr. Mowry stated Bob just chuckled and said, "You won't do it huh? Mr. Mowry told the Town Administrator that he responded, I said no I will do it just on a day we are not open to the public. The Town Administrator: Okay.

Town Administrator: So, before we get to August 4th, Bob walk us through that did you have a conversation with Mr. My word about this ramp prior to the August 4th incident? Mr. Mann: The only conversation I had was when I was thinking about getting it made out of steel and Chuck was delaying to see if we can do it he gave me a price and the price was way too high and I never mentioned it to him about him building it, no.

The Town Administrator verified so you never asked him prior to.... Mr. Mann: To build it? No. The Town Administrator: Okay.

(The Town Administrator turning to Mr.. Mowry)  Let's jump to August 4th, walk us through what was happening on that day.

Mr. Mowry recounted the following conversation and steps.

On that day, Bob walked over and said to me I got a little project for you and I said what is it? Mr. Mann: I want you to build a ramp.  Mr. Mowry: No, I'm not going to do it today because it's Wednesday. Mr. Mann: Why not? Mr. Mowry: I said the same reason as before.

The Town Administrator: And what happened next? Mr. Mowry: Then on Saturday Mr. Mann came over and asked me again.... Town Administrator: Stop! I want only August 4th. Mr. Mowry: Oh, that was it. That was the end of it. He walked away. Town Administrator: He walked away? Mr. Mowry: Yeah.

Town Administrator: So you are saying you told him that you wouldn't do it because it was a busy day of the week, nothing to do with the construction. Mr. Mowry: I would like to do it on a day when we are not open to the public. Town Administrator: That's what you told him?

Town Administrator: Mr. Mann is that what happened? Mr. Mann: No, it happened exactly like I wrote it there. Town Administrator: Okay. Mr. Mann: But he shook his head no and he said no that's construction work.

Town Administrator: So, before we move to Saturday which I know is going to involve Selectman David Winchell Jr. does the Board have any questions for Mr. Mowry regarding what he is describing as the first time they had the conversation and then this particular time on August 4th?

Selectman Ed Walsh to Mr. Mowry: Did you ever say to anything about rate of pay? Mr. Mowry: No, he told me that the Langley boys wanted $2200 to do it and then I told him,  I said, well gee that sounds like handyman work. Why can't I get my town hall pay? Selectmen Ed Walsh: Ok, so yeah, you did. Mr. Mowry: I did, yeah.

Town Administrator: Okay, so in which conversation did that happen; the two months ago or the August 4th?  Mr. Mowry:  Prior to that. Town Administrator: So, the two months prior. When you, okay, so when I I asked you just for clarity, when I asked you to walk us through what happened, the conversation I needed you to make sure that you put everything in there you know because a minute ago, you walked us through the conversation twice. 

Mr. Mowry: He (Mr. Mann) was walking away and I said to be honest that sounds like construction work and I should be doing my handyman intake for that.

Town Administrator: Right. A minute ago when you told the store you didn't mention the $,2200 so is there anything else you want to add to the recap.

Mr. Mowry: No one asked me if he came and told me because he said that he had.

Town Administrator: No, but my question is when I asked you to walk us through every part of the conversation that you can remember... from what you're saying 2 months ago. Mr. Mowry: Yeah.

Town Administrator: You want to go over it one more time? 

Mr. Mowry: I asked Bob what they wanted and he said $2,200. He (Mr. Mann) stated that was crazy and that he was thinking he could have me build out of wood. 

Town Administrator: Okay.  Well we're driving a 10,000 pound or 8,500 lb vehicle that's wrapped with available cardboard that weighs close to 1,200 lb over it, so, I'd like to have somebody design it.

Town Administrator: We will get into that. Right now the Board is trying to take in all the information. That's why both sides are being given the opportunity to explain everything. So, we will say for the sake of conversation, this is June 1st we're staying two months ago. When I asked you to walk us through everything that happened on June 1st from start to finish you didn't mention the money. So I just want to make sure you're not leaving anything out.

Mr. Mowry: He keeps, he'll keep coming back you know, when I say I think I'll do it on the day then he'll come back and say.... Town Administrator: All on the same day? Mr. Mowry: But, it is different visits over the course of the day. Town Administrator: So, is there anything else from that June visit that you want to add in? Mr. Mowry: No, I don't believe so, that's pretty much the end of it.

Town Administrator: Selectmen Walsh? Ed, back to you, we need to add information in that, back in June or July whereas $2,200 was brought up. Selectmen Ed Walsh: Yeah, that was the price use for metal right? So, basically you wanted to build it under your handyman pay as opposed to your transfer station pay? Mr. Mowry: I was willing to do it on my Transfer Station pay originally m when I said I would come in on a day off, but, when I got no, that wasn't acceptable, then I'm like, well, it sounds like construction work. I should get my handyman pay.

Town Administrator: When did you say to him, "That sounds like construction work"? Because you just explain two of them. Mr. Mowry: That was on Saturday. Town Administrator: We haven't walked through that yet.

Town Administrator: Bob, my first question is, this $2,200 quote, is that accurate at all? Is this number accurate? Is that where it was? Mr. Mann: Yeah, it's pretty close. I can't remember. Town Administrator: Okay, I was just trying to verify the accuracy. Okay, anything else on the 4th?

Selectmen David Winchell Jr.: So okay, just to make sure I'm on the same page here oh, I'm not day, you were asked, if this was all the 4th correct?

Town Administrator: The second one according to Mr. Mowry because according to the Supervisor's conversations, it only happened once on August 4th. Mr. Mowry is saying they had a conversation two months prior.

Select me David Winchell Jr.: We are talking the Saturday I showed up? Town Administrator: No.

Selectmen David Winchell Jr.: So when Mr. Mann asked you to build the ramp you were willing to do it on a day with no public, but, you just said that you didn't want to do it because you wanted a design. Mr. Mowry: Well, I offered to do it first and was shot down on that. If we would have went into it further, if he would have said come in on a day off, then I would have said where were we getting our design from? What are we going by? Selectmen David Winchell Jr.: But, did you ask him about the design? Mr. Mowry: We didn't get into that. Selectmen David Winchell Jr.: Okay, but you are saying that this was a part of the conversation you never measured having a design. Mr. Mowry: No, no we're gonna suggest something that I would have asked for, okay? Selectmen David Winchell Jr.: But at the time you didn't mention... Mr. Mowry: No, we didn't get that far. Selectmen David Winchell Jr.: But, you did mention the $20.. The handyman pay (Mowry: Yep! ) where did that...where did that come into effect? Why did you think the handyman pay was relevant in the discussion? The handyman rate is not anything to do with the Transfer Station, correct? Mr. Mowry: Correct and constructing a ramp to drive a skid steer over is not part of my duties down at the Transfer Station either.

Selectmen David Winchell Jr.: Where in your job description does it say that? Mr. Mowry: Where does it say I have too? Selectmen David Winchell Jr.: I believe when we hired you I believe when we hired you, you were doing the duties of the Transfer Station. Mr. Mowry: I was in the recycling building.

Selectmen David Winchell Jr.: Okay, who is your supervisor? Mr. Mowry: Bob was. Selectmen David Winchell Jr.: Who do you take orders from? Mr. Mowry: Right now Bob and Rodger. Selectmen David Winchell Jr.: Why do you take orders from Rodger? Mr. Mowry: Because I know, I told Bob he was my Supervisor and he told me, I'm not your Supervisor, I'm the Superintendent. When he moved me outdoors in the winter he told me Rodger was my Supervisor outside.

Town Administrator: Okay, let's stop there for a second. Did that conversation happen? Mr. Mann: I never told anybody that I was their Superintendent not their Supervisor. Rodger is not a Superintendent, Rodger is an Attendant and I would never tell anybody that he is the Supervisor. He is not a Supervisor of anybody.

Selectmen David Winchell Jr.: So, to get back to where I was going oh, your Supervisor asks you to do a project. You said no. Mr. Mowry: No, I said I would n the day we were not open. Selectmen David Winchell Jr.: But pretty much you said you weren't going to do it unless it was on your terms. Mr. Mowry: No, I just said... Selectmen David Winchell Jr.: You said you would do it on a day that you felt was better. Mr. Mowry: When we were not open to the public. Selectmen David Winchell Jr.: Okay, so, you were asked to do something and you decided that you were going to make the terms of this, correct?

Mr. Mowry: Well, he didn't set a time when he was thinking about building it. Okay, he just threw that out at me and I said fine Bob I'd be happy to do that.

Selectmen David Winchell Jr.: So, when you weren't asked to do it though, you said what? Mr. Mowry: Fine, I will come in on a day when we're not open to business, I'd be happy to help you build.... Selectmen David Winchell Jr.: You didn't say no? Mr. Mowry: No, not until Wednesday well the Wednesday that he came before.

Town Administrator: All right, so, we're going to slow down a second and I guess I'm kind of glad that it's being recorded because I'm missing a couple of pieces so the June / July conversation, you indicated that he gave you a price. You guys didn't talk about handyman. I mean you didn't talk about handyman... Mr. Mowry: Not until later that day when you came up.

Town Administrator: So, okay, I mean we're gonna go back to that day one more time. I'm going to ask you just from the start to finish everything that happened on that day because every time we go back to this June or July we're getting more information added and it's better to make sure that the Board has all the information the first time you said that he came he told you what the price was and there was no discussion about the handyman. Mr. Mowry: No, that wasn't until later that day.

Town Administrator: Okay, so walk us through what happened later on in the day. Mr. Mowry: He came to me. I told him that I would do it on the day we went home. Town Administrator: So, why did he come when he already said no once? So, he came back to you and brought it up again? Mr. Mowry: Yes. Town Administrator: Okay, what did he say to you? Mr. Mowry: He wanted to know why I wanted to come in on a day and he said we had to do it when we were open for business. I don't understand. Town Administrator: Okay, so what did you say to him at that point? Mr. Mowry: I told him I would come in and help him on a day we weren't there so my; then he walked away saying something and I said that sounds like construction Bob, I should maybe get my Town Hall pay for doing that.

Town Administrator: Okay so that happened later in the day? Mr. Mowry: Yes.

Town Administrator: So, back to you Bob. You confirm that you guys had a conversation about the ramp? You in the conversation told him what the Langley Company was going to charge? Then you said, you never asked him to do it. Mr. Mann: There was never anything said about him building the ramp on a day we weren't there. There was nothing ever said at that time about getting any kind of pay whether it be: Town Hall rates, whether it be Transfer Station rate or what kind of rates it was; nothing was ever said about that. The only time there was ever a labor rate mentioned was on the Saturday which is the 7th of the month when any labor rate was discussed.

Town Administrator: Yeah, we're going to get to that.

Town Administrator: So this conversation that was had, did you go back to him sometime later on that same day in June/July and bring the conversation up again? Mr. Mann: No. Town Administrator: You never spoke to him again later in the day? Mr. Mann: No. Town Administrator: No. It was one and done as far as you recall? Mr. Mann: Yeah. Town Administrator: Okay, so to clarify, on the June/July/August 4th dates, you indicated that you told him you’d come in on another day?  Your stance is clear that he said it was construction work and he just wasn't doing it. Mr. Mann: Yes.

Town Administrator: So that brings us to Saturday August 7th.  Bob walk us through what happened that day. Mr. Mann: Go ahead and read it off, you got that, how did you do it. Town Administrator: No, you didn't give me one from the 7th. Mr. Mann: No? Ok, from the 7th. Okay, I'm... I spoke to Jeff Mowry on August 7th at 7:55 am. The conversation went as follows: I said, the other day, on August 4th, I mentioned that I had a project for you and you declined. So I assumed that the answer is the same and, I hadn’t asked why? Jeff's response was, that's not in my job description and I also shouldn't have to perform construction work on Transfer Station pay.

Town Administrator: That's it. What did you do at that point when after he said that?

Mr. Mann: After that I stopped the conversation and I went back over to him and he was over by the demo bin and I went back over to him and I just to Mr. Mowry, you know what I said this, this can't continue like this and then he started a little bit into a rant. I said no, I'm going to stop right here because there wasn't any point.

Town Administrator: When you say a little bit of a rant can you be more specific? Mr. Mann: Well, he started to say this and that about his tools being thrown away. I don't know where that came from because I've never done it. It was a personal tool thing and that's what I said when you started saying stuff like that, I said I'm not going to continue this conversation at this point in time and that's when I figured well, I need some, my Liaison to come and get in this conversation and that's when I called David.

Town Administrator: Okay. So let's stop there for a second. So, walk us through from your point what happened on the 7th when he approached you about the ramp again.

Mr. Mowry: Well, Rodger and I were on the Hopper. It was before we stopped work.  Bob came over and stated, I asked you to do a project for me and you told me no, but didn't ask you why?  I said back, the same reasons as the last time and then he said, so you are refusing work and I said call it what you want Bob, but the reasons are the same as last time. So, then he walked away and then I was doing my job over at the demo again, and he came over and said so you're refusing work and I said...

Town Administrator: He followed you over there? Mr. Mowry: No. He came over when he saw me over there alone. Town Administrator: Okay, then?

Mr. Mowry: And then it was after 8, so I went to work and started crushing up furniture and stuff through the can. He came over and said so you are refusing work? I said, call it what you want Bob and then he said something. I said you know what Bob, I told you when you threw all my tools away not to ask me to do any more projects, yet and he was walking away. So, he walked away and then Mr. Winchell showed up.

Town Administrator: So, we'll give you a chance to talk about that. Did you have it….this is where you know, just the differences in stories. I mean you indicate that you guys have the one conversation at the Hopper, you then went your separate ways? He's saying that you came back out after him when you approached him.

Mr. Mann: Yes, I just said that. Town Administrator: Okay, you did?  I missed that. Good, I feel better. So you went over. Okay, so you called David and what are you saying? Let’s chime David in. David, what does he say to you on the phone?

Selectmen David Winchell Jr.: He said pretty much what he just said. That he asked him about the same thing and the way I took it he refused. That's why I came up. I can't tell you exactly what time it was when I got there, but, it was before noon. (Yes.)  I remember this conversation. There was 3 or 4 hours left and I explained to them what I wanted to do; but, I had brought both the Supervisor and the Attendant down to the dumpster down below so that we were away from the public and asked both what was up? Mr. Mann explained that he had asked him to do this project and Mr. Mowry explained to me that he wouldn't do it and stated about four or five different reasons why he didn't want to do it.

Town Administrator: What were the reasons that you recall?

Selectmen David Winchell Jr.: I think the first reason was safety. The second, he wanted to do it on his own time. Then, there was a rate of pay that came up. That Bob threw away all his tools so he couldn't do it. And, it was construction work and it wasn't in his job description and so when each one of these would come up…. I did ask what you mean safety.  Really no answer, for there was nothing discussed about a 8,000 lb rig driving up or nothing like that, As for the rate of pay, we did have a discussion about that. I did ask him why he thought that because he got a certain salary at the Town Hall why it would carry over to the Transfer Station, which it doesn't. I explained to him that when your Supervisor…when we talked about the job description, there was no job description that I knew of, as we could not find a job description, as far as we knew, when you were hired (when an individual is hired), I explained (this to him) that this job was to do what his Supervisor told him to do.

The whole, when we got the discussion about the Langley boys and the ramp, honestly, I could not and I explained my displeasure over why the Attendant was even talking about that because it really wasn't any of his deal. His job is to do what the Supervisor asked him to do and so we went through all these scenarios and this and that and then we got on the subject of the tools getting thrown away and Bob chimed in on it, on us, and you know that, I did not throw your tools away and Mr. Mowry said, I thought you were a man and then we stopped that. I used to settle...

Town Administrator: Again, who said that?

Selectmen David Winchell Jr.: Mr. Mowry said that to Mr. Mann and that's why I shut him down because I didn't want it to get out of hand. At that point and I explained to the employee, that at that point he was in my eyes, that he was not doing as he was told because every reason he had given me was something that contradicted another one. First it was safety. That he would do it but he wouldn't do it unless he got this. He was dictating the job and I did not believe that was the job of the Attendant. It was the Supervisor's job to be dictating what the Attendant does. So, I explained to him at that point that we will be having a meeting on this, that there was three or four hours, I think it was 4 hours, left of the day and that I wanted the two individuals to go separate ways; one would go one way and the other would go the other way.  I did not want them to speak to each other, but do their jobs like they typically; we ended the conversation as that.

Town Administrator: Jeff did you ever report to anyone that your tools were thrown away? Mr. Mowry: I asked him about it a few times. Town Administrator: What makes you believe he threw them away? Mr. Mowry: Well, because they were inside the building up by the trash cans. I brought my tools in to fix the door on one of the trailers. I left them in there and I told them they were in there.

Town Administrator: So you fixed the door on the trailer? Mr. Mowry: Yes. Town Administrator: When did you do that? Mr. Mowry: That was probably a few weeks prior. Town Administrator: What did you have to do to the trailer? Mr. Mowry: There was a piece of diamond plate on the floor that was loose and when you turned with the skid steer it took the diamond plate out ripped the framing of the door out. Town Administrator: It was zipped back into place? Mr. Mowry: We didn’t buy anything longer; I had to put it back together. Town Administrator: So, you fixed the trailer door. Okay. So, your tools were locked there inside? Mr. Mowry: Yes, over where Roger’s compactor is. We roll the fence back so that they can dump their trash cans. They moved the lids on the trash cans and my tools go out into the Hopper.  I’m like, hey! Where are my tools?

Town Administrator: Employee. Let’s try not to use names, but another employee.

Mr. Mowry: Another employee said they did not know and that I should go ask Bob.

Selectmen David Winchell Jr.: So, the employee was insinuating that Bob did it? Mr. Mowry: Yeah. Selectmen David Winchell Jr.: So, did you ask?  Mr. Mowry: I did it, I did ask Bob. Selectmen David Winchell: What did he say?  Mr. Mowry: He said that’s how I roll in here.

Town Administrator: Ok Bob, well, let’s stop there for a second. Bob, walk us through, um, he’s fixing the trailer. You can confirm that he fixed the door on the trailer?

Mr. Mann: Which trailer? The door on the trailer and the floor are two different things and he just said that he was going to fix the steel on the floor. I don’t know what tool he is talking about that was there. I know that he did have a tool and also I don’t even know what the proper name of this tool is, so you fit a wheel on it and just cuts metal. He had that there, I know and I had used it a couple times and I went and brought one so the Transfer Station had their own now and I don’t believe I ever threw that tool away.

Town Administrator: Is that the tool?

Mr. Mowry: I brought it in when the skid steer broke. David, it came in with it for us to use on the handle on the bucket to release the bucket that was back when I was in the recycling building. 

Town Administrator: So, what tool?

Mr. Mowry: Yeah, we fixed it. I’ve actually fixed two bills, one on the trailer and then the one on the convoy.

Selectmen David Winchell Jr.: So you do, you do construction work? Town Administrator: And, that was during regular business hours? Mr. Mowry: Yes.

Town Administrator: So, walk us through what tools specifically. Mr. Mowry: It’s a phone cable 18 volt impact driver and cordless skills saw.

Town Administrator: So, you went to him and he indicated that was how he rolls. (Town Administrator to Mr. Mann): You don’t remember this conversation? Mr. Mann: I don’t remember this conversation. I don’t know what…where were these tools when I threw them away? Mr. Mowry: I had left them with the disassembled stuff and then they got put over where you guys put the wine in the boxes on that little table; they were back there.

Mr. Mann: Ok, so, if they were over there, how did they get over to the Hopper When David…. Town Administrator: Former employee.

Selectmen David Winchell Jr.: So, this was quite a while ago? Mr. Mowry: Yes, yes. I didn’t bring it up. You guys were asking questions.

Selectmen David Winchell Jr.: You brought it up last Saturday. Mr. Mowry: Right. Because you asked me the reasons and I gave you five reasons, and I told him then when I questioned him about throwing them away, he said that’s how I roll and I said don’t ever ask me to do another construction project and… Selectmen David Winchell Jr.: And, you accused him on that Saturday of throwing away, he said, I did not do that and then you said….Mr. Mann: That happened a year ago.

Town Administrator: Alright, so, and… (Turning to Mr. Mowry) Did you make the comment that Mr. Winchell’s referring to? So, Bob says he did not throw them away and David, what was Jeff’s response? Selectmen David Winchell Jr.: I thought you said you were a man. Mr. Mowry: Right, because he is always telling us, I’m bob Mann, a real man, with 2 hands. Mr. Mowry: So, I said, so you’re a man, be a man and own what you did for once.

Town Administrator: You said that to your supervisor? Mr. Mowry: Yes.  Town Administrator: Okay.

(Slight recess for water break)

Town Administrator: Alright, so, I just want to make sure the Board of Selectmen heard this carefully and so…On August 7th, Mr. Mowry listed out his reasons for not doing… the reasons Mr. Mowry that you believe you shouldn’t do the ramp. Mr. Mowry: He asked me what I said to Bob and I said, I told him the same reasons as before. He asked what the reasons were. I listed all. He asked how many were there. I said three or four and there were four. Town Administrator: Okay. So, you listed them off. We now know what those reasons are. 

Town Administrator: The one of the primary…that’s when you then notified the Town of Acton and the board of Selectmen that your Supervisor threw your tools away? And, you believed that to be true because he indicated that’s how he rolls. Mr. Mowry: Yes.

Town Administrator: I am going to ask you one more time to walk me through what you said next to your Supervisor because I feel like I missed something. 

Mr. Mowry: He is always telling us that he’s a real man with two hands in his name and I told him. Right, and I said Bob, you always tell us you’re a real man, well, be a man and own it. You know you threw my tools away.

Town Administrator (turning to David): Is that what he said to you or was it just a statement. Selectmen David Winchell Jr.: He just said, be a real man. That was it. Town Administrator: Nothing about the last name and trying to tie them together? Selectmen David Winchell Jr.: Not that I heard. I didn’t hear that. I was at that point just wanting to deescalate and get people back to work like they should have been in the first place and that’s what I did.

Town Administrator: All right. So let’s walk through Ed and Kim’s questions from the 7th for the three of them that were present. Go ahead.

Selectmen Ed Walsh: The only real question I have pertains to the tools; if I can. Town Administrator: Yes, it is part of one of the two reasons. Selectmen Ed Walsh: Did you retrieve the tools from the Hopper? Mr. Mowry: No, we are not allowed to go into the Hopper. I’m not allowed to climb into any of the dumpsters.

Selectmen Ed Walsh: You didn’t get them? You didn’t reach in with any of the poles or anything? You just decided? Mr. Mowry: They were going down?

Selectmen Ed Walsh: They weren’t worth retrieving? Town Administrator: See them? Mr. Mowry: Yeah. I saw them. I opened the gate for them to dump. I told him my tools were in there. He told me, to go ask Bob.

Mr. Mann: Can I say something?  Town Administrator: Yes.  Mr. Mann: The tool, people drop off tools all of the time. They drop them over on the outside of the big door over there by the recycling building and if somebody drops tools off on the bench, they are usually no good. I cut the cords off of them and throw the tools in the metal bin. I don’t throw them in the Hopper across the street and the way Jeff is talking  right now, is that they were in the Hopper across the street. Well, how the heck did they get over to the Hopper because metal tools don’t go into the Hopper across the street? Any metal goes into the metal bin and/or goes into the bucket outside and then I guess they take them up and dumped them in there. So, that’s my understanding and if I had, if somebody’s tools were laying around, let’s say, they were out there on that bench or when I was taking stuff apart, but we just said that’s where they were and I threw them out. I didn’t. No, they were his tools and I would not throw somebody’s tools away on purpose and I know I said that how I roll, because I don’t roll like that. I just, I don’t understand, if somebody had thrown my tools away, I would have been up somebody’s butt wanting somebody to buy me some new tools.

Mr. Mowry: They’re cordless tools. We take the batteries out of them. The batteries get put in the bucket to be recycled and then he throws the rest of the tool because it is made out of plastic and he wheels them over and dumps them in Rogers’ compactor. That’s what we do with the plastic tools. The tools have…. Mr. Mann: We have tools like that but they have electric motors in them. I don’t throw them in the regular trash.

Town Administrator: Ed, did you have another question about the two?

Selectmen Ed Walsh: No, I’m just curious why you didn’t get something to…I mean there are all kinds of poles and rakes and grabby things there, why didn’t you try to… Mr. Mowry: We don’t have all kinds of poles there. We have things to poke stuff down, but we really don’t have anything to reach down there. You can try. You’re welcome to come and try. I’m saying you know, don’t …Yeah, have a telescopic…

Selectmen Kimberly Stacey-Horn: There is some sort of miscommunication on what goes in the Hopper and what doesn’t. I mean, you know, you’re saying you do it one way, you’re saying it’s another way. I’m just, you know what I mean, I don’t… Town Administrator: Yeah. We shouldn’t…I mean whether we agree on tools or not, or what happened to the tools, the fact that the Supervisor and the employee aren’t even on the same page.

Selectmen Ed Walsh: Yeah, but if it was my tools found inside the Hopper, no matter how they got there, I’d be doing the lockout/tag out thing and retrieving those tools. Mr. Mowry: Not on a Saturday when the lines are out to the gate. Selectmen Ed Walsh: I would. Those were my tools. They’re worth $300 - $400. I’d be figuring a way. But, anyways, so, yeah, no, there is something….

Selectmen Kimberly Stacey-Horn: Discord or miscommunication issues.

Town Administrator: Right, so, Kim, do you have any questions about what happened on Saturday? The Supervisor indicates that he spoke to him again; he refused to do it again. He calls his Liaison, the Liaison comes up, and the employee gives him four or five reasons why he didn’t do it. We’ve just kind of walked through those, um, what those were.

Selectmen Kimberly Stacey-Horn: I don’t really; I mean I’m listening to everybody.

Town Administrator: David, what happened from there?

Selectmen David Winchell Jr.: I explained to them to do their duties they typically do, stay away from each other and I did tell them that we would meet on Wednesday. What I didn’t realize, was that we had to give a 7 day notice because I thought this was kind of a big deal. One thing I got out of it was, I asked who your Supervisor was and at one point, the answer was Roger.

Town Administrator: He said the other Attendant was.

Selectmen David Winchell Jr.: Yes, I’m sorry, I’m sorry and then I explained to him that Bob is the Supervisor. To me, the conversation and responses, what I was getting out of it was that he wanted to dictate what he did and when he did it and I explained to the employee that that’s not how things roll around here, that your Supervisor dictates what you do.

Town Administrator: This is a conversation you had directly with him? Selectmen David Winchell Jr.: Yes.  Town Administrator: With Mr. Mann still there? Selectmen David Winchell Jr.: Yes he was and I made sure that everything said was with both. I did show my displeasure because it was a Saturday and I thought this was a little ridiculous that we’re having a fight or not working when you’re supposed to be working and I do believe you remember that. So, you don’t believe this job is part of your job description? Mr. Mowry: No, I do not.

Selectmen David Winchell Jr.: But, you just told us that you fixed the doors and the floor in the other building. Mr. Mowry: During the winter when it is slow yeah. Selectmen David Winchell Jr.: Where do you think as an employee you made that decision?  Mr. Mowry: When I’m going to be driving an 8,000 lb skid steer up a ramp. I think I should have some say in how the ramp gets built. He has zero….

Selectmen David Winchell Jr.: Did you go to your Supervisor and say, I’m not doing that because I believe it is unsafe?  Mr. Mowry: No, I had no idea what his design was until he built it. Selectmen David Winchell Jr.: Okay, but you did not ask him for a design.  Mr. Mowry: Nope.  Selectmen David Winchell Jr.: So, how was he supposed to know that you had all these problems, you just decided you didn’t feel like doing the project? Mr. Mowry: I decided I would do it on a day when we were not open.  Selectmen David Winchell Jr.: Where do you believe that being an Attendant you override a Supervisor?  Mr. Mowry: Well, if I’m doing that kind of job, it’s not in my job description.

Selectmen David Winchell Jr.: Where in your job description does it say you do not do carpentry when you just said you’d fix this and that and now because he threw away your tools, now you decided… Mr. Mowry: One of the reasons. Selectmen David Winchell Jr.: Ok, so what I’m getting at here is, you seem to be deciding when you feel like doing a project and when you don’t.

Mr. Mowry: If you disrespect me and my tools, then I will not give you anymore. Selectmen David Winchell Jr.: So, now you’re telling me your dodging a project because we’ve been disrespecting your tools that were supposedly thrown away; not because of safety reasons; not because there wasn’t a design. What is the reason why you decided not to…. Mr. Mowry: I gave you four reasons why and I just didn’t… Selectmen David Winchell Jr.: Plus the pay. Where did the pay come in at all? Mowry: Because he was giving me such a hard time about it. Finally, I said, you know what Bob? It sounds like a handyman project, but we wouldn’t get anywhere; it sounds like a handyman job.

Selectmen David Winchell Jr.: If you have a second job and you are at 7/11 and you’re a cashier, okay? You make $30.00/hour (which I doubt they make, okay?) I’m just using this as an example and you are out there making your wage up there, then you say you know what? I should get the same as a dollar. Do you get that?  No. Okay, there’s nothing in your job description that says you don’t do that or you do it.  Okay, when we hired you, your job was to do the Transfer Station jobs; he pulls you from one spot to another spot to another spot, correct? Who makes those decisions?  Mr. Mowry: No, actually…. Selectmen David Winchell Jr.: Who makes those decisions or what job you do? Who makes that decision, you or the Supervisor?  Mr. Mowry: It changed since the day I got started.

Selectmen David Winchell Jr.: Stop, wait a minute. Who’s your boss?  Mr. Mowry: You guys are my boss.  Selectmen David Winchell Jr.: No, at the Transfer Station, who is your boss? Mr. Mowry: He’s the Superintendant at the Transfer Station. Selectmen David Winchell Jr.: He is your Supervisor. He points you in the direction of where you need to go. Correct?  Mr. Mowry: He should in a safe manner. Yes. Selectmen David Winchell Jr.: Okay, but did you ever say there was a safety issue?  Mr. Mowry: No, we didn’t get to that.  Selectmen David Winchell Jr.: Ok, because it’s come up, it came up after this all went down.  Mr. Mowry: After I’ve seen what he wanted to do, build, yes. I did.

Town Administrator: Oh, you saw it? Where was it? Mr. Mowry: Bob said he was coming in on Tuesday to build it. 

Selectmen David Winchell Jr.: My question is this, when he asked you to build that, did you say, Bob, there is a safety issue? Mr. Mowry:  When I had a conversation, before we went to see about getting it done, and he still wanted to build it up and I said… Selectmen David Winchell Jr.: Still, it doesn’t matter. I’m wrong because honestly you shouldn’t even have been a part of that conversation because you’re an Attendant, you are not the Supervisor. Okay, so, whether or not he had Langley build it or not is irrelevant.  At this point, what is broken here is the idea that he asked you to do a project and you said no.

Mr. Mowry: What’s relevant is the old ramp failed. That’s why he asked my suggestion and I said maybe you should look into having it built out of steel because the design didn’t work.  Selectmen David Winchell Jr.: Okay, but when he told you to build a new one, did you say, that’s not going to work? Did you tell him that was not going to work? Mr. Mowry: I told him I would do it on a day we were not open. 

Selectmen David Winchell Jr.:  Okay, so now it’s safe enough to do it on a day off? Mr. Mowry: It would depend on what he wanted to build. Selectmen David Winchell Jr.: So, you don’t even know what he wanted to build?  Mr. Mowry: He just said he wanted my help to build a ramp.  Selectmen David Winchell Jr.: So, he wanted you to help him do it? So you wanted him to do it by himself? I just don’t get this. You’re saying there’s safety this and that. You didn’t even know what you were building. Okay, you said that your tools had fallen, you’ve had been disrespected, that you want to get paid a certain way that you have absolutely no authority to get paid because it has nothing to do with the Transfer Station. That is a complete different paycheck. That is why you said signing a different time card for that. Okay, so, why, that wasn’t irrelevant, that should never even been brought up. So, you were asking for a hike in pay to do a job that was part of your job. Mr. Mowry: I’ve done construction.

Selectmen David Winchell Jr.: You’ve already said that you did construction work up there and then you turn around so you didn’t. Mr. Mowry: I did some repairs for him when things got broken. After he threw my tools away, I told him, don’t ask me for any more construction projects and I still offered to go in and help him after he did that. 

Selectmen David Winchell Jr.: But, where as an employee do you have the right to tell the Supervisor you’re not going to do a job? Mr. Mowry: Because you are paying me $16/hour and I’ve been in construction my whole life and if I’m going to do construction work, I get a lot more than $16.00 an hour and if I’m not, then there’s no point in me being at the Transfer Station doing construction work. Selectmen David Winchell Jr.: But, you weren’t being subbed out as doing construction. He was going to help you do it. It was a joint venture from what I hear. Mr. Mowry: He was going to be there on a day we’re not opened to the public because two people have to be there. It’s not safe to work with one person in the Transfer Station moving tools and equipment.

Selectmen David Winchell Jr.: But you didn’t say that when we were up there.  Mr. Mowry: He didn’t give me much of a chance. Did you? You came in and used, three times you said to me. The first thing out of your mouth was, it’s Saturday and I should be on my motorcycle and I’m not happy I’m here. Those were the first three words… Selectmen David Winchell Jr.: You are right I did, no, I did say, ask how you guys were doing.  Mr. Mowry: You might of when Bob came up.  Selectmen David Winchell Jr.: I did ask how you guys we’re doing. I did not bark orders at you.

Mr. Mowry: But, I didn’t call you and ask you to come up; that took place prior and then Wednesday he asked me for the reasons and then he waited until Saturday again and then he called. I didn’t call you to come up there. If you would have asked, he could have called you on Wednesday when he asked me. So, I don’t know why he waited until Saturday.

Selectmen David Winchell Jr.: So, you believe because you made $16/hour and you seem to think this is not in your job description for which we cannot find that you can dictate what you get paid to do certain duties in that yard.  Mr. Mowry: If it doesn’t relate to the Transfer Station duties, yes. Selectmen David Winchell Jr.: But, it… Selectmen Kimberly Stacey-Horn: Do we have a job description for this position? Mr. Mowry: Originally, I was hired…. Town Administrator: He does not have a job description. No, he does not have one.

Selectmen Kimberly Stacey-Horn: So, you can’t tell what you think your job is nor can we. I’m sorry. But, there should be something where it says that your job description is what the Supervisor tells you what to do. I’m just saying. Mr. Mowry: If he tells me to dump fifty gallons of oil on this. So, we blow a hole and thirty gallons of water will fall on the ground and he tells me to bury it, I am supposed to do it, even if I know... Selectmen David Winchell Jr.: No.

Selectmen David Winchell Jr.: You have been asked to do something legal. That is completely different, at that point, that is oil spilled on the ground and he buries it. Your job would be to make a phone call to Town Hall to your Liaison and say he just did something illegal. That’s your job.

Town Administrator: Everything that Mr. Winchell indicates that you do at your Supervisors requests, it’s always within reason; it is within the scope of it. He’s not insinuating in any way that if you come across something illegal or wrong, you’re absolutely not expected… When there are no job descriptions and you’re… and they make statements that you’re expected to do things, there’s always within reason…. within reasonable request, so that your example would not be. I think the piece that David is struggling with is that construction seems to be, that was one of the big pieces that I heard as far as why you didn’t want to do it or wouldn’t do it because these other reasons are…some of them are new to me and I’ve spoken to both of you….now that you said you fixed the trailer door and that feels like construction. So, that’s what he’s tying together.  

Mr. Mowry:  Yeah, it’s not really having just screwed the boards back on and hung the door again so it was a minor repair. Town Administrator: So, it was a minor repair. Mr. Mowry: A minor repair that is what it was.

Town Administrator: So, let’s move on from this briefly to go to the other concern that was brought up and I think that it’s…it’s resolved because we had a conversation. But, in regards to currently knowing what, what’s expected of you in your location, because this came up. The Superintendant did mention to me when I was there that he had concerns that he was staying at the Hopper if you will. Mr. Mowry: Okay.

Town Administrator: So that, because as Mr. Mann told me directly that there were things that you’d be doing and often he would look over and you would just be there, I mean, if you know Bob is sweeping the parking lot or breaking down furniture, that you don’t need to be meeting and assisting every person that comes in. That’s what they have the other employee there to do; to kind of point them in the right direction. Is that accurate? (Mr. Mann nods his head.) It was a concern that there was a lot of time being spent there at the Hopper rather than finding other things that you could be doing. What is your response to that?

Mr. Mowry: My response is that I’m already responsible for a lot of areas. The compactor is centrally located in the Transfer Station. From there, I can see the leaves; I can see the cement walk and I can see the brush. I can look through the window and see both demo cans and I can see the steel under the refrigerators. The only thing I really can’t see is the TVs and the oil because people pop all over the place and you just can’t see older vehicles and when they come in I walk up to their trunk. They look at what they have and then I assist them with what I have and if I have to assist somebody, I say, Roger, I’ll be back. I’m going to go help this guy, come over here.

Town Administrator: So, while you’re assisting, what is the other…I’ll ask Bob this. While he’s assisting and doing those things, what is the other employee doing? If he’s meeting and greeting every car that comes up and assisting them with what’s in the load, which is what I witnessed when I came up there that he essentially was handling every car that came through  honestly. What is the other employee doing? What is the difference between here? What is the other employee supposed to be doing?

Mr. Mann: Can I say a name? Town Administrator: No, the other employee. Mr. Mann: The other employee, besides Jeff, he is to watch what goes in the Hopper; tell people if they’re throwing the wrong thing in the Hopper. He should walk out to their vehicles, see what they have in that vehicle and say no, you can’t put them in here that goes to demo, whatever…. 

Town Administrator: So, he’s meeting and greeting every car that comes in and pointing them accordingly? Mr. Mann: Right. Town Administrator: So, should they both be there doing that? I guess…. Mr. Mann: So, let me explain that a little bit. Yes, Jeff could be over there, Perry used to be over there quite a bit at the time, but not the whole time, depending on what he had to do with the yard, he went and did it. So, yes, he has him being over there. He does see what’s going on and if a guy comes in and had to get demo, so Jeff can point him to the demo can. So, yeah, you plug it down, you put it in this can over here.  My problem with that is and the only reason I brought it up was and it didn’t use to be a problem; it got to be a problem within the last couple months or so that there would be metal up at the metal bin which should be in the metal bin. There would be furniture over by the furniture thing which should be in the furniture store; put in the furniture. So, I would spend nights after work or I’d go back after work and put the metal in the metal bin. I figured I shouldn’t have to do that.

Town Administrator: So, why not tell the employee to do that, that is supposed to be covering it? Mr. Mann: Well, because this is about the time all this stuff started happening and you know what?  When somebody’s beating you up, you’re kind of like…

Selectmen David Winchell: Yeah, we can’t discuss that. Town Administrator: Well, right, he’s not going to. Mr. Mann: But, you don’t want to show up…you know it is easier to do it myself and get it out of the way.

Town Administrator: So, three months ago, he, as those piles grew around these stations as we call them around, he automatically (I’ll give you a chance to respond.) he automatically would, you wouldn’t see those piles over up at the furniture or metal areas? Mr. Mann: Three months ago he used to be really good about it. I used to tell Jeff…I told Jeff before, let’s say’ between 6 to 8 months ago, Jeff you know I like your work ethics. You’re always, always busy. You know every now and then he’d remove chips out of the chip pile when they left some out of the chip pile. When they left some chips down there, sometimes there was a little bit of chips and he’d put it in the walkway over the oldest stuff.  He was always keeping busy and stuff like that. So, but things have changed. So, that’s why I brought that up.

Town Administrator: All right, so go back about two months and figure out, give us an idea of why these things, why… Mr. Mowry: No, when I got moved to the outside it was in October, the winter. Nobody, nobody took me out and showed me what to do. They’ve been doing my job.

Town Administrator: Basically they told you to go outside and figure out… Mr. Mowry: What I do is, we leave at 4 o’clock. We’re supposed to be open until four. We’re ready to go home at four so the furniture comes in just the other day. It was 4 o’clock. People were dropping chairs off.  I come in, in, the morning at 7:30 am. I bust up all the furniture. I put it in there while no one is in the Transfer Station and I go up to the steel and I do the same with the steel. I’ve been doing that since I started outdoors.

Town Administrator: So, you’re saying you haven’t changed? Mr. Mowry: I haven’t, nobody’s changed. Nobody’s come up to me and said we’d like you to do it differently because I would have told them first of all,  in the Town Annual Report, it says furniture is supposed to be broken down before it even comes in. There’s no reason we’re taking bureaus and these mattresses and we have to take them off.

Town Administrator: But, in all honesty, if you’re, if you’re the one on the Hopper guiding them, why are you telling the customers that you’re making them go break it down.  Mr. Mowry: Because they go in and ask Bob and he tells them it’s okay to leave them….

 Mr. Mann: Nobody ever asked me that. I tell you what, furniture, we have taken furniture in like that since I’ve been here for 10 years and you know what? To ask people to take and break furniture apart, some people are going to buck about it. It is a courtesy to them. How long does it take us to take the skid steer and put the bucket on and smash it down and throw it on the can. So, it’s like a courtesy. You know what, why are we going to beat the customer up over that?

Mr. Mowry: And, you can’t do it while you’re open, because people just come in and they, they, don’t stay in the line and drive up to Roger’s Hopper. If they go in the demo, they go around and they’ll park right behind you.

The other day I was on the JD truck and they pulled right in behind me while I was trying to pull a pallet off. So, you, it’s just not a safe environment to be doing it when you are open. That’s why I was coming in early and doing it all. Sometimes we don’t get a steel can for a couple of days. So, then the steel piles up on the ground and where does it get put? In front of the can, so now, when a new can comes in, people can’t get to it, so they keep throwing it on the pile. So, if I can come in, in the morning, break it up, get it all crushed down and put it in the steel can so we are ready to open whatever time we’re supposed to open. So, Roger meets me there a half-hour, another Attendant meets me a half-hour early so there’s two people on site and he watches while I do my thing and when I get done with that, I go in and get coffee until we are ready. So people can come in.

Town Administrator: You’ve done the same thing…

Mr. Mowry: I’ve been doing this thing since October.  Town Administrator: So, even, so today is Thursday. So, Wednesday did you go in and get the Supervisor to get the recycling building ready yesterday? Mr. Mowry: Yes, I did.  Town Administrator: Is that true? Mr. Mann: Yeah, it’s open. Yeah. Mr. Mowry: I empty everything too, but Bob and the other Attendant they are the last ones to come in. The gates are already open for business. Like I said, at 8 o’clock, the gates are opened at 7:30 am.

Town Administrator: And, those and there are certainly some minor administrative things that we’ve learned. I think that we need to address here anyways…. Mr. Mowry: So, there are people that come in for recycling in that building while nobody’s there in that building.

Town Administrator: Right. If you open at 8 am, like I said, that’s administrative and the Board will take notes and deal with differently. I’m not sure why, why that happens if the staff’s not there. Nut, nonetheless, as far as the Selectmen, as far as the location of the employee kind of moving around, you’ve heard the Supervisor say that he feels like the last two months things have changed and he stopped those things and the concern from the Supervisor was that he doesn’t mind if he’s at the Hopper area as long as all his other things are done. But, you hear the employee telling you that he hasn’t changed. Mr. Mowry: I would be happy to stay after to help. (Town Administrator was still talking and indicated so to Mr. Mowry.) Town Administrator: That the employee hasn’t changed the things he’s done since he started in October. Town Administrator turned to Mr. Mowry and said, “Go ahead and finish the last sentence. You’d be happy to… Mr. Mowry: I’d be happy to stay after and break the furniture. Town Administrator: But, nobody’s asked you to? Mr. Mowry: Nobody’s asked me to and he’s a salary employee, so if he wants to stay after and he never asked me, he stays after. And, when Roger, the other Attendant asked him why he was staying after, he said overtime, to collect overtime.

Mr. Mann: I don’t get overtime. Town Administrator: Right, he’s salaried. Mr. Mowry: Right, because you’re salaried. 

Mr. Mann: So, may I say something now? Town Administrator: Yes. Mr. Mann: The furniture that gets broken out, it can be done during the day and I say that because that’s what we’ve done for ten years, or, nine years as he’s been there for a year from until that, we did it for nine years. We could have busted out the furniture and worked on that and second thing is to, to, leave it and stay after and do it after or come in early the next day and do it, that’s not in the budget. You know the budget, the budget is written out for “X” number of hours for the employees. It’s not ballooned so that you can have someone stay over when it can be done during the day.

Selectmen Kimberly Stacey-Horn: It is getting, I mean, it is summer time too, is that one of the issues or not? (Mr. Mann responded but it was not clear on the tape.) Selectmen Kimberly Stacey-Horn: I didn’t know if that, you know… Town Administrator: But, you feel like those things can be done during the day?  Selectmen Kimberly Stacey-Horn: Nothings really changed? Mr. Mann: Right. The same thing as we’ve been doing for ten years, okay? Mr. Mowry: And, when it slows down during the day and there’s no chance to tell Roger, the other Attendant, that I’m going over to break up furniture when it’s slow, but people coming in and helping me, they pull up right behind you, you can’t break up furniture. The stuff flies. You know, what am I going to do? Keep doing it that way until somebody gets hurt; and then what?  I mean….

Selectmen David Winchell: Bob, in the ten years that you said you’ve broken up that furniture has anybody ever gotten hurt?  Mr. Mann: No. Town Administrator: Does the Selectmen have any other questions?

Selectmen Ed Walsh: So, you said that you come in early (Mr. Mowry affirms) to bust up stuff and put it in and get things ready for the day (Mr. Mowry: Right.) Are you still doing that? (Mr. Mowry: Yes.) But, Bob has said that he comes in or stays late and busts it up and you had to put metal into the metal dumpster because it hadn’t been done. (Mr. Mowry affirmed.)  Mr. Mann: I mean, every night I do that. Yeah. I do that, okay? Mr. Mowry: I put the metal…Man, I leave on grill up there or a kitchen stove in one area, then you got your lawn mowers and then you have your refrigerators and air conditioners. I leave one of everything so Roger can say to the people, the Attendant can say to the people, there’s a grill up on the hill, bring that down to help us assist somebody else. This way, they got a visual because, okay he told him you know, there’s a gut came in with a helium tank the other day, you were there and when I was walking away, I heard him tell the guy to put it up in the steel but you know where it stayed? I’m saying right? It was right near the front building where propane tanks go. So, they’re not, they don’t either, they don’t either understand or they’re just so anxious to get rid of this and they just want to put it right. So, if I’m not centrally located, I spend my whole day chasing piles. I mean we got trash being put in suitcases in the Goodie Shop; household trash.

Town Administrator: All right. Let me get off the track here. So, we have covered all of the concerns Bob that you have brought forward to the Board. Mr. Mann: I’m good. Town Administrator: Jeff, do you believe that you’ve had ample chance to respond to the concerns that were brought in front of you? The Board asked all of the questions that they feel like they wanted to bring. So, you guys are going to, you’ve got a couple options here, so you’re going to deliberate and you’re going to have conversations amongst one another once you, the deliberations start, the two employees can no longer be involved. They’re allowed to stay and listen, but they cannot, they can’t be a part of it anymore. It’s just the Board of Selectmen deliberations, so, you want to make sure that you’ve gotten all of your questions out. You don’t have to do that deliberation tonight. You could certainly think on it. One, we could just do over here and just pull all the thoughts on the table. You know, even though we’re you’re in an open executive session, if you decide to make any decisions, you know and we’re going to reprimand, it would have to be outside of the executive session.  So, you still have a motion to come out.

The other piece, I’m going to encourage is that before you leave tonight, outside of this executive session, that we put very clear guidelines until these things, until this is sorted out on who’s going to be where, doing what and so it couldn’t be more clear on what’s expected of one another, what the Supervisor expects of him going forward until you guys are able to sort this out because, you know, we need to make sure that the jobs are being done and that everybody the employee know what the Supervisor expects of him. You know, Supervisor has to be more vocal in, in telling him to, you know, to do these things during the day if that’s something that’s always happened and you know, we need to portray that to the employees. So, that he knows what’s to be expected of him effective Saturday morning. So, do you want to deliberate this evening? Do you want to 1) any other questions for the two of them? When we deliberate, we’re just essentially going to go through these things and you guys are going to talk amongst yourselves as to whether or not you believe who’s telling the truth based on what facts and where you think it should go from here.

Selectmen David Winchell Jr.: I mean, I think we probably have to get this thing and already… Selectmen Ed Walsh: Yeah, I’m ready to continue.  Town Administrator: Alright. So, I’m gonna have to pull up the… I want to show you the Personnel policy which you should all have a copy of, but I’m not looking at an electronic…All right. So, let’s go through the concerns. So, the, the first one really is that the biggest part of the conversation is the ramp. What are the, you know, what did you hear on both sides? Did you find any truths on either side? That you know, anyone might have fabricated the story to some extent. Who do you believe? What do you do?

Selectmen Ed Walsh: I plan to make consistencies. Town Administrator: All right, to the Chairman of the Board. Selectmen Ed Walsh: He was asked at one point to build a ramp; would help construct the ramp. He said he wanted to build it on his off time. Selectmen Kimberly Stacey-Horn: Because it was his time off or, or when customers weren’t there? Selectmen Ed Walsh: Customers weren’t customers when the Transfer Station… Selectmen Kimberly Stacey-Horn: Okay. Selectmen Ed Walsh: When the Transfer Station wasn’t open to the public. Selectmen Kimberly Stacey-Horn: Okay. Selectmen Ed Walsh: Initially we didn’t hear anything about price or hourly rate.

The more the conversation went on it took a turn to hourly rate; more being, construction work. Then we heard a safety concern as far as the design for it. There seemed to be a lot of different reasons come up as to why the employee wouldn’t build the ramp. We’ve been inconsistencies what, what are our construction up there, what is it? Maintenance work has been done enough in during business hours when it’s been slow, things that needed to be done, which is something that needs to be done. I’m glad that was, I’m always happy to see someone do little extras like that and it’s not a, I don’t see that as being, “a handyman thing”. Maintaining the Transfer Station and doing it because you want to do it, so, you know, on one hand, you didn’t want to build a ramp. I think some of this goes back to the tools. I’m very concerned that the individual didn’t want to retrieve his own expensive tools out of the Hopper.  

Selectman Kimberly Stacey – Horn: Or, if he didn't get anywhere with the Supervisor, he should have come to us, and you know.. Town Administrator: It needed to go on record. Selectman Kimberly Stacey – Horn: On record, yeah you know seriously because I mean..Selectman Ed Walsh: There are ways of getting the tools out of the Hopper. I figure if someone put a dropped diamond ring in there, we'd find a way of getting down in there to get a customer's diamond ring out. So..

Selectman David Winchell Jr.: The tool thing really got me because I didn't know anything about the tools until I showed up that day. Selectman Ed Walsh: And, I didn't really know about it until real late today.

Selectman David Winchell Jr.: In that day, if somebody had thrown my tools away and I knew it was a certain individual; I would not be going home without my tools or at least a brand new set of tools. I feel that the tools issue was a convenient excuse at the time because it is too inconsistent there was this, this and that and then that and then that was something that I hadn't even heard of before. So, I don't, if it was a two issue, shame on you should have, should have been a complaint, don't come back to us a year later and say that happened, when we have no idea what happened. The other issue is with the, when the Supervisor tells you to do a job, or ask you to do the job and you give all these reasons why, I don't get that. If the Supervisor tells you to do the job.. The supervisor tells you to do it or not, you, if you feel its unsafe then you should, it should be brought to us. But, at the same time, when the individual said it was unsafe, then, said he would do it, but then he would, he would do it on his own time or he would do it for more pay. And, the pay issue should not have even been an issue because that is not his rate of pay. It's a different job, complete job.

I feel that the individual seems to be dictating what he does. What he feels like doing and I don't believe, that's a good way to... an employee should be doing what a Supervisor tells them to do within reason and when he was asked to do that. He did give examples of other stuff that he done, handyman stuff, before and this was not an issue. That he was going to be doing it by himself, it sounded as if it was going to be a joint venture and it doesn't matter whether or not the employee thinks that he would have the time, that's not his decision to make. No, the Supervisor's job is to make that decision.

Town Administrator: Kim?

Selectman Kimberly Stacey-Horn: I do agree with, you know, that the fact is that Bob is the Supervisor and, you know, when he says that this is what we're doing, this, this is, you know, what, what you should be doing. If it was something that was so horrible for you and you had all of these concerns, again, you should have come to us instead kind of like letting this all build up. And, I just feel like this is, this is an actual accumulation of several different things and it's blown now and we definitely need a clearer…

Selectman Ed Walsh: Job description?

Selectman Kimberly Stacy-Horn: Yeah, I guess that's what we're going to say again. Yeah, I mean just, yeah, yeah, I mean not just that…Town Administrator: We are still going to say something at the end and all our job descriptions say he's the Supervisor. Selectman Kimberly Stacey-Horn: You know, what he says goes. Obviously, if it's throwing oil on the ground or something, absolutely not, or if you have concerns, you know, within reason, you know, what if they're a concern then you come to us.

Selectman David Winchell Jr.: I believe everything was absolutely… Selectman Kimberly Stacey-Horn: You know, you know on the other spectrum, you know, it's kind of the same thing involved as far as you know kind of things come up maybe deal with them and let us know, you know, what I'm saying like instead of waiting; right. Okay.

Selectman Ed Walsh: Anytime things go over any length of time on anybody's side, just it, just festers.

Selectman Kimberly Stacey-Horn: Exactly. Selectman Ed Walsh: You know, we want to have it, it never gets any better, and never gets resolved right, so... Town Administrator: Well, you know and one of the biggest thing is, that's the tough part is, that you have to determine who's telling the truth because as you make that statement according to the Supervisor, he came to you the day that he, he refused to do that and he had a written statement, here within a day.

Selectman David Winchell Jr.: I don't believe nobody's denying that. Town Administrator: Well, the difference is, the big difference is whether or not they had the conversation two months earlier and he was asked to do it. You know what I mean, Selectmen David Winchell Jr.: Right.

Town Administrator: So as, well, as Ed tells he kind of says to Bob, you know, you need to come to us sooner. Bob says, I did, it’s the same thing. So, the question is who's telling the truth that really happened two months prior to that. Selectman Kimberly Stacy-Horn: How do we really prove something like that? I mean, I don't feel personally I... Selectman Ed Walsh: You almost can't prove it it's one’s word against the other... Selectman David Winfield Jr.: I still think it's a irrelevant anyways because honestly, it doesn't matter whether or not he asked him to do it two months ago or whether or not he was interested two months ago, he did say that he would two months ago before, so, that's kind of irrelevant.

When you ask an employee on the spot to do a task, and he says no, that's no. You, you've said you're not going to do the job. That's what we are discussing here right now; not what happened two months ago; what kind of price they got out of or could get out of a rent. That's irrelevant. It was at the point in time he was asked to do the job and he said no and, the reasons he gave bounced off the walls from this, that, and everything else, other than that, no I don't want to do the job. Selectman Kimberly Stacey-Horn: So where do we do go from here?

Town Administrator: So, the Board needs to decide if they're going to take any action at all or if not at all. I'm going to read you a section on disciplinary action and termination and then you'll decide what you want to do.

Whenever, in the Supervisor's judgment, employee performance, attitude, work habits, or personal conduct at any time falls below a satisfactory level, the Supervisor shall inform the employee promptly and specifically of such lapses and give counsel and assistance. If appropriate and justified, a reasonable period of time for improvement may be allowed before initiating remedial action. In some instances a specific incident may justify severe disciplinary action including discharge; however, the action to be taken depends on the seriousness of the incident and on the employee's past practice and conduct. Employees shall be disciplined for cause to be determined by the Board of Selectman. Corrective action may be initiated for any infraction based on just cause.

Among actions which may be subject to disciplinary actions are the following:

· Conviction of a felony or a misdemeanor involving immorality.

· Violation of a departmental policy and/or procedure, or failure to obey any proper direction given by a Supervisor.

· Offensive conduct or language in public or towards fellow employees.

· Inability to perform duties and responsibilities required and described in the Job Descriptions.

· Carelessness or negligence with monies or other properties of the Town.

· Recurring absenteeism and/or tardiness.

Remedial action will normally be initiated in the following manner: verbal warning, written warning, suspension, and termination. Disciplinary actions may be initiated at any of these levels listed above.

Town Administrator: So, you need to decide if any of these actions or disciplinary actions happened. There's certainly no conviction violation.  Failure to obey any proper direction from Supervisor, offensive conduct and language towards fellow employees; so, oh, you need to decide if at all, any of those were more likely, did not have...

Selectman Ed Walsh: The second one was? Town Administrator: Failing to obey any proper direction given by the Supervisor. Are there any concerns about the statement that he made in front of David in regards to the Supervisor? Selectman David Winchell Jr.: It was uncalled for.

Town Administrator: That's conduct and language in public for his fellow employees. Again… Selectmen Ed Walsh: Remind me again, what's that, what's that, what it specifically was… Selectman Kimberly Stacey-Horn: That he was a man. Selectman Ed Walsh: Okay. Selectman Kimberly Stacey-Horn: That he was a man. Selectman David Winchell Jr.: He thought he was a man. Town Administrator: Okay, again, the two of them tell different stories as far as, so, I mean right, was it the last name, title or was it just a statement. Selectman Ed Walsh: Yeah, okay.

Town Administrator: Carelessness, neglect, a reoccurring absenteeism, so, it doesn't require discipline. It does say that discipline may be initiated for any of these levels listed above, so you can start anywhere depending on what you feel the severity of it is. You also can take absolutely no action. If you feel like you don't have enough just cause or enough proof on any level.

Selectman David Winchell Jr.: Nobody's denying it. Selectman Ed Walsh: No. Selectmen Kimberly Stacy-Horn: No. Selectman David Winchell Jr.: So, it was kind of hard to say there was no proof.

Selectmen Kimberly Stacey-Horn: No, I didn't think about definitely either a written warning, saying that you know, you do have to follow with what your Supervisor says. If there's an issue with that, then you need to come see us.

Selectman Ed Walsh: My big concern is we've got two employees that I'm not so sure they're going to be able to work together. Selectman Kimberly Stacey-Horn: I know. Selectman Ed Walsh: That's my big concern. I don't know whether they can put this behind them. Selectman David Winfield Jr.: Coexist. Selectman Ed Walsh: And, move on or not. Selectman Kimberly Stacey-Horn: Should we, can we give it time, like, I don't know, I don't know…

Selectmen David Winchell Jr.: What I found out is, this whole thing was it seemed to me that the employee was playing Supervisor. He would dictate when he was going to do things, what he was going to do, how he was get paid and whether or not the task he was doing was legit or not and it's awful hard to have a Supervisor and then have somebody play Supervisor. Selectmen Ed Walsh: Right.

Selectman David Winchell Jr.: You can't have both. Selectmen Ed Walsh: Undermines. Selectman David Winchell Jr.: And, I agree with you one hundred percent that I believe this is going to be a work environment that's going to be very hard for both of them. The, um, what we're going to do from here is, we obviously got to write up the individual for not doing his task.

Yeah, the unfortunate part about it is, here as we're discussing on one issue, when it was really an accumulation of two, because it was actually done twice, but unfortunately the Supervisor did not write him up at that point in time. Which is a gift to the employee, because honestly, if I was a Supervisor and someone told me I wasn't going to do a job, in the real world, other than municipalities, the State of Maine, you can fire at will.

When somebody doesn't do their task then they go down the road. The employee is very fortunate that we go by different standards here because honestly he'd be going down the road. So, the statement about being a man, I think I ought to be, I think something there has got to be documented. I'd like that documented. Because I don't know, when he said that, what the individual, what the supervisor would be if he wasn't. But, the idea of not doing the task when asked, twice, I think there is enough there to warrant being written up.

Selectmen Kimberly Stacey-Horn: To have it written up. I mean, it's happened twice. That's the only thing.

Town Administrator: Ed? Selectmen Ed Walsh: Yeah, about that. Town Administrator: Do you agree with the agreement? Selectmen Ed Walsh: I think he needs to be written up for it, yeah, because he did refuse to do a task. The task was not found unsafe or unhealthy or detrimental, you know, it didn't fall under any of those things. So, I don't feel that the individual, that the employee, needs to be written up for that. But, I'd like to make a note as far as the man comment. Selectmen David Winchell Jr.: I don't know, it doesn't… Selectmen Ed Walsh: It's almost irrelevant; it’s part of the heated discussion. it is what it was, I've had discussions that went a lot more heated than that.

Town Administrator: Even though, we are in an open executive session, it is still an executive session and we can't make any decisions, but it sounds like you all have given an opinion. So, we're going to come out of the executive session and you still need to make a motion to come out. And, then someone's going to make a motion to whatever that person decides and then reference them, as you know, employee A and then make whatever, make whatever statement you want. Just make sure that you’re, you're specific in what you expect that to be.

Selectmen David Winchell Jr.: So, we are, we're still in executive session right now?

Town Administrator: We are still in executive session, even though the employees asked for it to be an open session, we still have to come out and we, you can't make decisions in executive session whether they are open or not. It's all deliberations. You've given your opinions. You think a little bit more, than do another one, it's going to be a matter of who makes a motion, seconds and what you guys will support. What I’m saying is that if you’ve decided, let’s just say, to do a verbal warning, you would need to say, we hereby motion to do a verbal warning that the Liaison will give; a verbal warning and it will be regarding this matter. Whatever level you decide, if you even decide to, you’ve got to be specific in your motion as to, you know, what the written warning is for and what remedy action or what you expect to see in that letter. So, that it can be documented and obviously created. Just say so.

Should an employee feel aggravated concerning the interpretation, meaning or application of Town Personnel policies within five organized days from the incident, the employee shall submit the details of the grievance in writing to the department within 30 days. After that, the department shall meet with the employee for the purpose of discussing the grievance and the department shall render their final decision within 30 days. The Board of Selectmen shall serve as the final appeal or direct line of grievance should the employee feel aggravated with the actions of the Department Head. It kind of contradicts the fact that it says that the Board of Selectmen, the employee shall be disciplined for cause to be determined by what’s happening, but all right, anything else before we come out of Executive Session? Okay, so, I’m looking for a motion.

Selectmen Kimberly Stacey-Horn: I make a motion to come out of Executive Session pursuant of 405 6 A-1 personnel issue; seconded by Selectmen Ed Walsh. No discussion. All in favor.

Selectmen David Winchell Jr.: Okay, we’re out of Executive Session. We discussed during the Executive Session the issue. I feel that we have to make a decision whether or not this personnel issue should be written up for not doing a task that was asked. Selectmen Ed Walsh: So, what we’re not so much written up, but… Town Administrator: What level? Selectmen Ed Walsh: Yeah, yeah, yeah, verbal, write up or terminated (Yeah) is pretty much the three choices. Selectmen David Winchell Jr.: Yeah, I believe because of the individual, the first time he didn’t get written up, or where it was verbal, kind of did. Town Administrator: Yeah, you can count that as verbal. Selectmen Kimberly Stacey-Horn: Yeah, that’s what I was saying. Selectmen David Winchell Jr.: So, to me he’s already got his verbal and so I’m recommending we write him up for not doing the task that was asked.

Selectmen Kimberly Stacey-Horn: Following up with this written, I mean, like, should we be checking in once a week? Town Administrator: Is that a motion? Selectmen David Winchell Jr.: I don’t know. A motion, I can’t make a motion. Town Administrator: You can make a motion.

Selectmen David Winchell Jr.: I make a motion that we, Jeffrey Mowry, (employee) right, employee..

Selectmen Ed Walsh: Let’s do employee. Employee, make employee and Supervisor. That way we know exactly, also, yeah.

Selectmen David Winchell Jr.: Employee written up for not doing tasks that was asked of him and put it in his file for further viewing; seconded by Selectmen Ed Walsh. Discussion?

Selectmen Kimberly Stacey-Horn: I don’t know. I mean, should there be some follow up to make sure everybody’s doing ok? I mean, I feel they should be, you know, we’re going back to work together. We got to try to make sure, you know, what you should be doing. If he doesn’t, I want you to be on top of it or vice versa. Town Administrator: So, both parties need to sign a letter? Selectmen Kimberly Stacey-Horn: Yes, those should be put into, you know what I’m saying.

Selectmen David Winchell Jr.: These are the things that should be happening anyways. Selectmen Ed Walsh: We need to make an amendment to the motion. So, just make an amendment that you want to have a follow up within 30 days. Selectmen Kimberly Stacey-Horn: That’s what I was going to say. Kind of how many days do you think?

Selectmen Kimberly Stacey-Horn: Yeah: let’s make an amendment to the motion. That you know, we will follow up; I would like to do two weeks and thirty days just to see that… Selectmen Ed Walsh: Every two weeks? Selectmen Kimberly Stacey-Horn: Every two weeks, and see how things are going. Selectmen Ed Walsh: You want to put an end date on it, or do you want to leave it open? Selectmen Kimberly Stacey-Horn: Leave it open for now. Selectmen Ed Walsh: Okay.  Selectmen Kimberly Stacey-Horn: Now just… Selectmen David Winchell: Wait; is there a second on the amendment? Selectmen Ed Walsh: I’ll second. Selectmen David Winchell Jr.: Okay.

Town Administrator: All right; so, for clarity, so the original motion is that a letter of, um, a letter will go in the personnel, go in the employee’s personnel file pursuant to the portion of the personnel file that indicates his failure to obey any proper direction by the Supervisor, that’s been seconded. The amendment is that in addition to the letter, you want a follow up with both employees.

Selectmen Kimberly Stacey-Horn: Yeah, just so you know, (Town Administrator:  For two weeks?) to see how’s its going. Yeah. Town Administrator: Is that something you want to do with just the Liaison so that it’s not a meeting or if we’re going to do it with everybody here again, we’ll have a posted Executive Session. The problem is not knowing what’s coming, what may be brought forward in two weeks.

Selectmen Kimberly Stacey-Horn: I think the Liaison can do it. If there are issues, then he comes back and then we go back. Town Administrator: I hate to step, I mean, I don’t want to, I just want to make sure they’re all right, because if a concern is brought up there, whenever we have a hearing or something, the employee has a right to know what the concerns are being brought forward. So, we do this meeting in two weeks, no one can be blindsided. About, you know, can’t just all of the sudden come up with all of these concerns about him, so, if we start with the Liaison and Town Administrator, we’ll meet with them in two weeks and I would recommend that we meet with them individually and then decide if there’s enough to then call for another Executive Session and follow the proper steps that way. Does that seem like it makes sense? (Right) As far as the letter, are there any specifics that it shall include?

Selectmen David Winchell Jr.: I guess we probably ought to include the rant and so we’re going to describe what he didn’t do. Selectmen Ed Walsh: What the infraction was. Town Administrator: Ok, I can jot that up. Selectmen Kimberly Stacey-Horn: Yeah, that definitely does.. Town Administrator: And, is the employee given any time frame to remedy and essentially to not do this type of thing again that you’ve determined that, that happened. Is there any? Selectmen David Winchell Jr.: I don’t believe that’s, you know, that’s the unfortunate thing about getting written up because its, you know, it’s like when you get pulled over by a cop and you’ll find it on your license for a long time. I don’t… Town Administrator: I just wanna make sure the letter’s drafted properly.

Selectmen Kimberly Stacey-Horn: There isn’t some kind of rule that was so many days. Town Administrator: No, okay, I just know the policy is, you know, talks about, you can’t give remedy action if you, you know, revealed; remedy action will normally be initiated, you can give him, you know, the option to do a, b, and c. Do we know that, if this task has now been completed?

Selectmen David Winchell Jr.: I do not know. Town Administrator: Because, I guess the million dollar question is, if the task has not been completed, I mean, is that a good way of wrapping this up by having the task get completed?  Selectmen David Winchell Jr.: I think so. Selectmen Ed Walsh: Can we ask him if it’s been completed? Town Administrator: Yes. Selectmen Ed Walsh turning to Mr. Mann: Has it been completed? Mr. Mann: It has been constructed, but the top hasn’t been put on yet.  Town Administrator: So, it’s not installed? Mr. Mann: Correct, it’s still being assembled. 

Selectmen David Winchell Jr.: So, we have to.., Town Administrator: You have to vote on the amendment. Selectmen David Winchell Jr.: So, we’re going to motion that we are doing a write up (correct) including (the employee) the employee with the rant and a two week check up (Town Administrator: Correct; with the Town Administrator and Liaison) every two weeks until whenever.

Selectmen Kimberly Stacey-Horn: Where we have no tools, do we have tools there to finish the job?  Mr. Mann: Well, yeah. Selectmen Kimberly Stacey-Horn: Okay? Mr. Mann: Yeah, we’re good. Selectmen Kimberly Stacey-Horn: Okay. Town Administrator: Was it your intent to put in the letter that the task will be completed by the Supervisor and the employee? Selectmen David Winchell Jr.: That’s up to the Supervisor. Town Administrator: Okay. Well, I just… Selectmen Ed Walsh: Yeah, I don’t think that needs to be in the lineup. (Okay.) Town Administrator: All right, so motion amendment, did we vote on the amendment?

Selectmen David Winchell Jr.: We haven’t yet; holding it for a second. Kimberly Stacey-Horn: I’ll second that. David Winchell: Discussion? No? All in favor?  Hands were raised.

Selectmen David Winchell Jr.: Ok, now I need a motion. Do we have a motion already?  Selectmen Ed Walsh: No. Selectmen David Winchell Jr.: I thought we were going back. Town Administrator: So, no we are looking for a vote on the whole thing. You had to approve the amendment which you did. So, now you’re looking for a vote on the entire instruction.

Kimberly Stacey-Horn: So, do we have to repeat everything? Town Administrator: No. Selectmen David Winchell Jr.: No, I’ll call for a vote. All in favor? All raised their hands.

Selectmen David Winchell Jr.: Okay, okay, so we are done with our Executive Session. Selectmen Ed Walsh: We’ve been done with that for a little while. Selectmen David Winchell: Well… Selectmen Kimberly Stacey-Horn: So, I’ll make a motion to adjourn. Selectmen David Winchell Jr.: I’ll second that. All in favor? All hands raised. Selectmen David Winchell Jr.:  Okay. Town Administrator: Thank you both for coming in.

MOTIONS:

Original motion:

Selectmen David Winchell Jr. made a motion that the employee be written up for not doing tasks that was asked of him and put it in his file for further viewing; seconded by Selectmen Ed Walsh. Discussion.

Amended motion:

Selectmen David Winchell Jr. made a motion that the employee be written up for not doing tasks that was asked of him and a letter inciting rant be placed in personnel file and there be a two week check up every two weeks until whenever; seconded by Selectmen Ed Walsh. No further discussion. All in favor.

9.         PUBLIC COMMENT – Tabled

10.       ANNOUNCEMENTS

08/21/2021 - Mary Grant 12:00pm @ Preserve

11.       MEMBERS PRESENT

Selectmen David Winchell Jr., Selectmen Ed Walsh, Selectmen Kimberly Stacey-Horn, Town Administrator Jennifer Roux, Transfer Station Superintendant Robert Mann and Jeffery Mowry.

Selectmen Kimberly Stacey-Horn made a motion to adjourn; seconded by Selectmen David Winchell Jr. No discussion. All in favor.