01.09.13
Cohasset Selectmen mull over new contract for Milanoski
It appears selectmen plan to sign a “legal” acting town manager contract with Mike Milanoski in the near future, unless they shop for a different opinion and offer him a town manager’s contract in March. Town Counsel Paul DeRensis says he cannot currently step into a town manager’s contract until he is separated from the town for one year or until such time as the town manager’s act is changed to allow the same. Other unnamed counsels disagree with DeRensis, and it is thought selectmen may just say what the hell and choose a different opinion.
The illegal town manager’s contract expires in June 2013. It is thought that the Governance committee will recommend myriad of changes to the act at annual town meeting, one of which will remove all qualifications for the town manager. If passed, he or she would be able to be appointed directly from an appointed or elected town committee and selectmen would decide what qualifications were important. Only selectmen will have to be separated from the town for 15 months before they can accept a town manager appointment.
Cohasset Select Chair Paul Carlson said the dilemma the selectmen face is that with former town manager Mike Coughlin suing the town for his job, selectmen cannot realistically advertise for a new town manager because no one would apply and what kind of a messy contract would they have to write?
Vice Chair Diane Kennedy said her board has failed at controlling the narrative of the town. “This is not a Scooby Do episode,” she stated, saying the selectmen needed to stay the course, keep this raining “ ‘a-rolling for better or worse.” She promised there would eventually be a search for a town manager, but said she was not comfortable advertising for a town manager at the present time. She advocated for a 6 month contract for Milanoski beginning July 1 through Dec. 2013.
Selectman Leland Jenkins agreed with Kennedy, saying illegal town manager Mike Milanoski had brought the town into the 21st Century. “If he can stay here for 3 years, that would be a tremendous boost to the town. The problem with town managers is they get all tied up with politics. I don’t think Michael does.”
“Shame on all the constant negativity out there,” Kennedy said, adding that the board was swimming upstream and there were snipers in the bushes. We will know where we stand in May and we will look into an executive search.”
Selectman Martha Gjesteby said “The issue here is we hired someone who was never vetted. For two months I asked what his background was. I think we should advertise for a town manager. I don’t want it to go any further. I would not want to extend his contract beyond June.”
Carlson said “If we conduct a search right now, Michael couldn’t be included in the search.”
Peter Pescotore , chairman of the advisory committee, said Milanoski had a wonderful grasp of municipal law. “I’m in favor of never hiring an experienced town manager. The good guys don’t leave, they’re still in place. We have butted heads many times, but I find him ethical, intelligent, and most intelligent with regard to municipal law.”
Jack Keniley, a member of capital budget and governance and maybe something else said a search at this point with the Coughlin suit in full force, would be a disaster.
Ralph Dormitzer, governance, asked DeRensis if the Coughlin suit would stymie a town manager search, DeRensis said it would not. “Yes, you can initiate a search.”
Gjesteby and Kennedy both opined that Cohasset may not pay enough money for a good town manager. Kennedy through out a salary range of $170,000-$180,000.
Peter Brown said Milanoski was a man the town could trust. “I would trust him with my family.”
Former 3-term selectman Ronnie McMorris told the board it was important it listen to all the views in the community with regard to a contract with the town manager. “The decision was made at fall town meeting to not change the town manager’s act with regard to who can be appointed to the position. It’s not a question any longer, You already have a decision. You just don’t like it.”
Carlson disagreed with McMorris, saying the vote at the special was not as “crystal clear as you say it is.”
Former selectman Karen Quigley told selectmen “We have a town manager with a contract not written by town counsel, not signed off by town counsel. Parts of it are unenforceable. She wondered if the current contract could be made legal.
DeRensis said it was best to leave the current contract alone and to deal with a clean, new contract that would take place in July. He said all aspects of that new contract would be enforceable. “The present contract is not void, there are rights under that contract.”
Agnes McCann, library trustee, said …”Wait until spring, have some respect for governance, reserved or otherwise. “Why are you spending so much time trying to save this job for one individual…he’s one of a million people who can do this job, not one in a million. I think something’s wrong.”
Selectman Kennedy then told the meeting that the selectmen actually reached out to 6 people last spring when Coughlin was fired. “We contacted other finalists, employees in town, we ran some of the people by town counsel. (But) Mike was available. He had been coming to every meeting for months. He said ‘I’ll help you out.’ There is no master plan. Mike had worked in the City of Attleboro. This was not let’s go get our buddy and take over the town. We didn’t interview. We needed somebody to maintain the state of affairs. I’m tired of him being bullied and picked on because of a decision we made. He was available and he did a good job. ”
Carlson said he also supported the ideas of a 6 month contract in July. Jenkins then made a motion to create a new 6-month contract for Milanoski.
When Gjesteby asked if the new acting town manager contract could be extended again, DeRensis said it could be extended under the right circumstances.
Mary A. Parsons Said:
January 9, 2013 at 4:32 PM
If the “good guys don’t leave”, shouldn’t Mike still be with the town of Weymouth and the South Weymouth Naval Air Station as well as at the town of Attleboro.
GoogleMilanoski Said:
January 10, 2013 at 7:44 AM
Mary,
We’ve had enough you keep him . I hope your town wakes up sooner rather than later.
Regina Said:
January 10, 2013 at 12:40 PM
Only in Cohasset do we have officials charged with overseeing finances- namely Peter Pescatore Chairman of the Advisory Committee in turn advising the Board of Selectmen that “I’m never in favor of hiring an experienced town manager”.
How stupid can you get, I guess he would also advise a company to never hire an experience CEO or a person do renovations to his house, “I’m never in favor of hiring an experienced contractor.”
Oh Mrs Kennedy, poor choice of words- particularly after Newtown– to describe your political opponents as “snipers in the bushes”–
Chris Allen Said:
January 11, 2013 at 11:58 AM
The last time I visited this site Tanna had just posted a diatribe in 3rd grade grammar by Mr. Coughlin under a Veterans Day title. Mike isn’t really a veteran and his rant wasn’t about Veterans Day, but what the hell. All that matters is that he was a great town manager. I meant, just ask all the towns he’s worked for. Of course when people said negative things about Mike, she took the whole thing down. I can see from the fact that there have been about 6 posts in a month, that nobody else is reading either. I do note that if your post is anti-selectman or Milanoski you can post anonymously, but if it is pro-selectmen or anti-Coughlin you get chided and told that is against the rules. Nothing like journalistic integrity.
Speaking of which….I went to the meeting on Tuesday night and stood over Tanna’s shoulder and read what she typed as she went along. It is like living in a parallel universe. I had to prompt the person next to me to join in on the reading as I thought I was hallucinating. He assured me I was not.
I forgot the name of the lady who stood up and talked about listening to the community, but the community she was talking about pretty much seemed to be Doane St. Why is everyone so angry over there?
If I was running this blog I would be begging DeCaprio to come back. I mean nobody’s posted anything since he set his pen down. All it is now is a bunch of angry clucking.
God Bless.
Tanna K Said:
January 11, 2013 at 1:35 PM
I really get p-oed when anybody attacks my notes.
Tanna K Said:
January 11, 2013 at 4:31 PM
You know what…I am still really angry over the slur about my notes.
Here are my parallel universe notes from that meeting – just the way I entered them on my laptop. Before I wrote my stories, and I have not yet written all of them, I listened to certain sections of my Comcast recording, in order to get quotes, etc. right. If Allen was looking over my shoulder, here are the rough notes he saw. If he or any of his aged pals could read 10 pt. type, which I doubt.
Selectmen – January 8, 2013
Notes
Public comment
Agnes McCann – less than a month, article 6 failed because it was defective, characterizing fact that article 6 clerical error, take huge umbrage – clerical error clerk, person who brought it to town’s attention at town meeting, why didn’t do it soner – the only reason because it couldn’t be fixed…warrant so sorry it could…town manager has not acknowledged mistake…you weren’t doing your job and shouldn’t try to fois it off on somebody else…clerical error is somethng in control of a clerk..too bad they didn’t do it sooner…..myth that it could have been fixed.
Mike – was a clerical error …occurred with article 6, had we known, it could have been modified into earlier article. I take full responsibility Multiple times it’s been in the paper…clerical, could have been modifed . anything that comes out of this office is my responsibility.
road race special permit –
Diane Kennedy n- new event application. sunday april 7 –
Cohasset road race….Gjesteby – importance- all net proceeds to charity and scholarship.
TECHNOLOGY UPDATE
Milanoski -Phase 1 of technology plan…250,000 earmarked article 6…keep momentum going, opportunity fund up to $100,000 of that initiative – avalon bay club, approved by zoning board of appeal. $351,000 allocated to route 3a intersection, and sidewalks…in addition, another $150,000 in agreement for selectmen to use for meaningful public purposes. third element, study and analysis early on to be deducted form 1/2 million….Avalon bay has agreed to not deduct design money out of 1/2 million…..town did go forward – did 250,000 for upgrades for town and schools. since that time working with supt. fire chief looking at security upgrades for schools. can’t talk specifics in public. at future meeting will be upgrading those steps in general…steps the schools would like to take. the town manager authorized with chief tech. officer to implement security plan with schools. to fund, allow tm to expand up to $100,000 provided by avalon bay to cohasset.
Kennedy – in avalon agreement, $350,000 – second 150,000 – was meaningful public purpose. 70,000 focused on technology, 30,000 for security and technology as determined. Milanoski – we secure competitive prices for everything we do…we will make any procurement process we go through….Martha – like to know the kinds of things being done, like more detail. Milanoski said yes. Kennedy – Milanoski – multiple computer labs, 10-12 years old…..we have a plan for $250,000….go as far as we can for $100,000. Kennedy Gjesteby – which we had more backup before meeting. Kennedy – now we have 350,000 – now I feel we should aggressively take care of. Engineers putting together report – can goto mass highway – do groundwork, sidewalks, conduit drainage. coordinate with planning board, as well as Beechwood and 3a. Kennedy -Milanoski said last year principals and supts. prior to releasing $ have to be in program for 1 year. that program can fund an element of the sidewalk. partnership…not part of that program. state highway-
Adrienne McCarthy – former school, more borrowing peter to pay pail, like to see in motion that the 100,000 go back into the grant its coming out of. a lot of money for public use that hasn’t been vetted. Make sure w repay that money at town meeting. Carlson – this is a grant available or general purposes, so it can be used for general town purposes. McCarthy – now there’s a pot of $100,000 I want to know where it’s going to go…reduction or a reallocation.
PROCEDURAL
Carlson – privileged communication
Individual members do not have right …town counsel has 3 options – executive session,
file complaint state ethics, let the matter slide.
Kennedy – I don’t feel I have info base to make a judgement. don’t feel I’m a jury on this….important for us to collectively work together. Personally, send to ethics and let them decide if its a big deal or not. It goes to sta. Lee – they have expertise to determine what should happen.
Martha – given legal issues involved, I should have option to be heard.
Jenkins – non political…
Moss – aware of limitations of what board can do, point out the extent this is involving a legal issue, public records issue…..stretch to say there was any criminal statute….none of those sections deal with where any officials attempts to seek guidance with regard to their official duties. Attorney client privilege is a long standing legal doctrine, purposes of seeking legal advice. Not an e-mail requesting or rendering of legal advice. Not exempt …hard pressed to find anything under ethics ….seems to be unnecessary. Wrong being cited……member ofBOSnot a criminal issue…..none marthat has categorically denied….not sure attorney client privilege long starnding…purpose of seeking legal advice…not an e-mail involving requesting or rendering of legal adcice….
secondary issue nonviolation…hard processed to find violation under ethics ……unnnecesary level.
Kennedy – I don[t know. We all take our jobs seriously….very tricky fine line, makes us uncomfortable.
Moss – any individual can file an ethics complaint – conflict of interest statute is ctiminal…..looked at the issue, this is something that is a serious matter, conflict of interest is a cirminal matter….
Gjesteby- filed letter…..did you read it? Carlson said he did. I object to people going io my e-mail account…if we have accounts, they shouldn’t be readily available to other people to look into there…very bad situation. a lot of stuff privileged…other people who work for town employees should not be able to go in there….town officials accounts should not be readily available. A lot of stuff that’s privileged…..should be a ruling on that.
A McCarthy- confused…..was watching last meeting, before holiday, you went into executive session, disturbed anybody can go into e-mail accounts….anybody can read Carlson ..we passed a policy Feb. -March…..no right to privacy on cohasset account. distributed anybody can go into private emails
Calrson – all e-mails are public documents.********
McCarthy do employess knowt his? If this came into your executive session, you went intoexecutive session you may end up in a different pot of water if didnt fall under 2 and 3…this is more character related. You went into executive session to discuss strategy…from my experience, this was more character related…..
Carlson – agree with Diane…..release should not be ignored. Allow state ethics to sort out this matter…….commission is staffed by experts. Recommend board authorize me to file a complaint in the name of board.
Gjesteby – my complaint to the board – wasn;t addressed, I would also complain about you. You all have the same copy. There will be two complaints.
Passes 3-1…Martha voted against…
Acting town manager’s contract….
expires June 2013…extend through June 2015..in fall, explored. article 14 did not pass, either approve an acting TM June 2015….
get second opinion…town counsel says not under existing town manager act…maybe get second opinion to sort that out…take us through the Coughlin suit..
Carlson – recommend that we take a fourth step..hanging around since august……
Kennedy – fourth option, 6 month….when we met late august our main goal as a board recog. importantance of stability in town..DOR and other state agencies you have to get stability in management….aside from big picture, stability among staff in town…..to constantly come into work…to not know what’s going to hit you that day, I feel horribly, this board has failed at controlling the narrative of this town….this is not a scooby do episodes…we have tired to do the right thing at all turns…trying to mange some very difficult situations….try to keep this train a -rolling…for better or worse. we all know that we can’t do that. We need to stay the course…extend 6 months DeEc. 2013…we have to do a search fora town manager…I don’t know when. should go through town meeting….governance is working on tm act….not comfortable advertising now. hopefully have better knowledge base…extend 2013 with the promise to community open up discussion for a long-term town manager….time will tell.
Jenkins – stability of town employees so important. without stability, things start to fall apart. their being completed by a town manager who has the ability to get things done…..additoinal 6 months. He’s been implementing programs…..bringing town into 21st century. If he can stay here for 3 years – tremendous boost to the town. Problem with town managers they get all tied up with poliyics, I don’t think Michael does.
Kennedy – keep your head out of the clouds, ..we’re swimming upstream and there are snipers int he bushes…we will know where we stand in May and we will executive a search.
Gjesteby – lived here 52 years, never found problem with town employees. the issue is we hired someone who was never vetted, asked for 2 months what his background was…I think we should advertise an rfp..I don’t want it to go any further. I would not want to extend beyond June.
Carlson – if we conduct a search right now, Michael couldn’t be included in thee search.
Pescotore – hope everybody was listening earlier part of meeting, find grants, wonderful grasp of municipal law. I’m in favor of never hiring an experieneced town manager. The good guys don’t leave, they’re still in place. we have butted heads many times, find him ethicial, intelligent, most intellignent regards to municipal law.
Keniley – Nothing in town manager act stops from appointing M another 6 months, search at this point would be a disaster…..Coughlin legal matter…how do you resolve that….open action with former tm he wants to come back. Put ourselves into another legal situaition…. renew for another 6 months…
Dormitzer – really should resolve legal potential…..will town counsel talk to us is there a possibility town has to rehire if he succeeds…..language…..this is a generic question, can town do a search?
DeRensis – covered by insurance co….act of litigation, not appropriate to discuss those kinds of assessments. happy to be available for that. Yes…you can initiate a search.
Gjesteby- Lemnios – came back to Hull formoney…..a lot of people out there in government, insulatedi n cohasset, there are very good people (TMs) they’re not cast offs.
Kennedy – town manager position in cohaset – pay so low…not attractive. Maybe need higher salary…..as we discuss budgeted at$130,000….maybe look at the job and make it more attractive…average 170,000 – 180,000….sometimes it’s the package.
Peter Brown – disturbing – in 2004 we had just had circumstacne, person not the right person…Griffin was a good town manager, not sure he was trying to do things that had not been done…econo. develop.committee….supposed toh ave 5-year plan, we’ve never had a five-year plan….gentlemen like Milanoski, a thinker, not get buried in politics. to obviate that stability at this point time would be foolish. Part of a criterion .man or woman of character. a man we can trust. I trust him with my family, hard to fine and hard to determine in an interview process. You couldn’t figure that out a head of time….common sense should prevail.
McMorris……appreciate all comments members of boards, also appreciate comments in community..not all negative. Important you listen to all opinions and all views in community. confused putting matter to rest…section of town manager act who can be appointed to position. the decision was made at fall town meeting…not a question any longer. You already have a decision. You may not like it.
Carlson -vote not as crystal clear as you say it is.
Quigley – self admitted Mrs. Kennedy’s sniper, never been negative about employees of this town, lucky to have them. question I have…like Mrs. G. I believe in process and procedure…..town manager’s contact…..we have a a contract not written by a town counsel, parts of it are unenforceable….existing contract says he is the town manager….
CARLSON – OFFER A NEW CONTRACT, THAT WILL DEAL WITH MOST OF THE ISSUES..
DeRensis..I HAVE GIVEN YOU A CONTRaCT THAT IS LAWFUL AND MEETINGS REQUIREMENT OF AN ACTing TOWN MANAGER…EFFECTIVE JULY 1…6 MONTHS, PROVISIONS OF THAT CONTRACT WOULD BE ENFORCEABLE…not the same contract you have in effect…provisions of that contract would be enforeable.
JENKINS – NEW CONTRACT SHOULD BE FEB. THROUGH DEC. 2013…..
TOWN COUNSEL – EXISTING CONTRACT THERE ARE RIGHTW THAT ARE HELD BY A SECOND PARTY, RATHER THAN TRYING TO UNDO SOMETHING HAS BEEN IN ENFORCE…a different CONTRACT WILL TAKE PLACE JULY1….TO TRY TO MAKE rETROACTIVE 4 – REQUIRES NEGOTIATION PROCESS, ONC ENT ALLTHE WAY AROUND, MORE COMPLICATED. A little unfair to person who has rights…..the present contract is not void, there are rights under that contract.
Gjesteby – I have no contract in front of me…I cant vote on it…we should have a plan…
Counsel _ i did prepare a contract and I sent it to all 5 of you…
Gjesteby – I have no knowledge of this……packet is lacking in all background …oftentimes its inadequate…..
McCann – if you only listen to yourselves…nobody wait til spring…have some respect for governance reserved or otherwise….why spending so much time trying to save this job for one individual…he’s one of a million people who can dot his ob, not one in a million. I think something’s wrong.
CHECK THIS OUT: Kennedy – 100% disagree with you. Never for a minute that change don’t believe that change related to Mike Milanoski….town manager act flawed….
also…when we brough mike in feb. of last year, reached out to 6 people, contacted other finalists, employees in towns, we ran some of the people by town counsel. very difficult situation Mike was available. coming to every meeting for months – he said I’ll help you out….things were ok….a lot of collateral damage that I’m not happy with….confusing, unsettled time. He did a great job
There is no master plan, he had worked in city of attleboro…this was not let’s go get our buddy and take over the town……we didn’t interview, needed somebody to maintain state of affairs. tired of him being bullied and piked on because of a decision we made… He was available,he did a good job.
Carlson – end of 6 months – good review. Ran off a fixed things that hadn’t been fixed for a long time…..I support idea of 6 month contract…….
Jenkins – motion to create a new 6 month contract.
Gjesteby – new acting town manager’s contract, can that be extended again…
Town counsel – can be extended under right circumstances yes…
Selectmen’s Comment period
Gjesteby – since boar did not address my complaint, I’m going to release it to the public..go further fill out the complaint form. Do not feel it has been answered in this meeting tonight.
Moss – open meeting law complaint……Martha prepared….discussion of matter outside of prior agenda…diversion to a topic beyond what was posted….prepared that can be filed…agenda dec. 18th…agenda defective as the attorney general open meeting law …contract is with….secondary comment and discussion…..has flagged for the board earlier ..as outside of the posted agenda on dec 18…beyond what was posted. grounds for a potential complaint…. Open meeting law copies of contracts, list who the contract is with….comment and discussion. that is an issue has flagged for the board.
DeRensis….ask Brenda Moss agree to remove from release of her document attorney client privilege…in her best interest…went to a confidential advisory. If attached to what released today, will be disturbing to public….sanctity of attorney client privilege… understand question how confidential that is…asking that page be removed, not in your client’s best interest…it went to a confidential advisor, If it’s attacked to document now would be released to public…..I understand argument about how confidential that is….make availableto attorney general, but not to public.
Moss – complaint that’s file and and the status of that issue for the board….does not say it was attorney client privilege……copy of the compllaint..not in position to advise her or not advise my client……don’t have an answer without speaking to my client. No answer without speaking to my client.
DeRensis – not tonight…no in this manner.
Moss – complaint itself has not been filed….
DeRensis – ability for all of you to talk to counsel important aspect of your ……
Martha Gjesteby I agree with DeRensis – until 2 days ago – did not realize employees could go into our e-mails and see everything. You’ve given information….negotiations employees can go in there and see. this is a frightening thing town board can’t …troliing through just to see what it is……real issue. Maybe legislature should address something…big brother is here already.
DeRensis….I Aagree we need to protect attorney client privilege…..town employees are all part of the institution……attachment that’s going to go outside that community……is important. Only 5 of you should review it. Not my intent to have that communication shared across the board with everyone else……has to be some way, to do that. We can address that going forward.
Gjesteby – elected boards should not have their emails being trolled through by employees…..
Gjesteby – some person could have gone in and done the same thing…I want a hard copy – do not want to use email any more. Package that says Executive Session…..that’s the way it should be done. This was not privileged…..You’re going to do an open meeting law complaint, I’m going to do the same thing. We’ll discuss what Paul wants…haven’t
Moss – inadvertent disclosure – at worse, not a waiver. by the board, certainly. not ethics matter, not a criminal matter…..might not be a waiver, an omission….
Gjesteby – before file, urge you to talk with Brenda Moss…..
Paul DeRensis……what’s happened to this point, does not constitute filing a complaint….do not include that memo….what’s happened to this point doesn’t constitute filing a complaint…a period of time before now and tomorrow morning before you file. Do not include memo.
scottmcoyne Said:
January 11, 2013 at 6:48 PM
Tanna, Keep writing!! Don’t ever stop. Without your voice the BOS and others would run free.
Matt Torsten Said:
January 14, 2013 at 8:28 AM
@Chris Allen – Yours was an obvious attempt to slur. What’s written here is pretty close to what happened at the meeting because, oh yea, I was there. The write up here is right on. As for what is happening in Cohasset: I turned a friend of mine who is a Selectman in his town on to this site and the reports in the media. He has said that the BoS in his town, reads this frequently as a playbook on how NOT to run their board/town. I cant believe the Cohasset hasn’t voted for the challengers across the board. Incumbents – bye bye. As Jack Nicholson said in Batman; “This town needs an _________!”