10.31.12
October 31, 2012
[gview file="12Oct31.pdf"]
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Cohasset Selectmen have written an illegal contract with Michael Milanoski. They know they have done this. I know they have done this. The question is what do they do about it?
Last Thursday night Select Vice Chair Diane Kennedy said: “We’re between a rock and a hard place,” which means she thinks they have nowhere to go. But that is hardly the case. There are two good options, A and B. and they both solve the Selectmen’s problem. Option C is also a possibility, albeit a messy one.
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We have a BoS that doesn’t understand its role, has little if any regard for process and procedure, seeks to legitimize its illegal actions by revising our governing law after-the-fact, and now needs ‘do-overs’ because it can’t do one simple task: correctly post a meeting.
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Three Selectmen met for a quick 10 minutes Thursday night to re-vote a press release into circulation because they had not correctly posted their meeting a week ago. A week ago Selectmen voted 5-0 to issue the press release.
At this week’s meeting Selectman Martha Gjesteby voted no. Select Vice Chair Diane Kennedy and Selectmen Fred Koed voted yes. All three Selectmen noted that some information they had received from Town Counsel might well impact on-going negotiations with their Town Manager.
Kennedy: That E-mail is something we need to discuss. It does impact on-going negotiations. We are in the process of coming to terms with Milanoski’s contract through 2015. We’re working on making that happen.
Gjesteby: I’m wondering if by voting in favor I’m approving the extension.
Kennedy: Absolutely not.
Gjesteby: I’m more than a little concerned, so I think I’ll vote against it.
Fred: Is there any editing we can do to change Martha’s vote?
Gjesteby said she would need advice from counsel.
Kennedy: “We’re between a rock and a hard place.” Kennedy then told Gjesteby that the board signed the contract after speaking with counsel.
Gjesteby: I re-read the contract and I don’t think town counsel even approved that contract. Who wrote the April 3rd contract? It doesn’t appear town counsel was involved. If I say no, you’ve got two votes.
Kennedy: That contract was reviewed by town counsel.
Gjesteby: Usually if counsel reviews it he signs off and it wasn’t signed off. If he did he would have seen town manager (not acting town manager) throughout the contract (actually 13 times).
Kennedy: Martha, at time we were working with counsel on almost a daily basis. There were a lot of other issues at the time. There was sloppiness for sure, and we need to make sure that never happens again.
Gjesteby: At another time I might change my vote if I get other information down the road.
Koed: This is already issued, it’s in the paper tomorrow. I guess (vote for it) for the purpose of making legitimate…but I do have some questions based on that memo, but that needs to be addressed by the full board.
Kennedy: The memo was more related to on-going negotiations.
Koed: We had an open meeting law request today…she wants to know where’s the authority for all this? We have 10 days to address that….she’s not asking for correspondence per se.
Kennedy told Gjesteby that they had come together to issue a statement based on information they had last week.
Gjesteby: But now we have new information.
Kennedy: But that happens on every vote.
Koed moved to approve the press release.
Koed and Kennedy voted yes.
Gjesteby voted ney.
Kennedy adjourned the meeting
Tinytown Unleashed: Can we ask any questions?
Kennedy: No.
Tinytown Unleashed: Do you think you’ll ever have a press conference in your lifetime?
Koed: What do you want to know?
Tinytown Unleashed: Will you have an article on the Special Town Meeting Warrant (asking for a change in the Town Manager’s Act)? Governance said it will not be recommending anything for the upcoming special. But you can.
Kennedy: We haven’t discussed it. It hasn’t come up. I feel uncomfortable discussing anything without the rest of the board
Double click on letter below to make readable.
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Governance voted not to go to Dec. 10th Special Town Meeting with any changes in the Town Manager’s Act at its 7:30 a.m. meeting today, saying they need time to consider a multitude of minor “tweaks” to the Act.
This will not be good news for Selectmen. Selectmen will have to either take the changes to the Act to the Dec. 10th STM themselves, or void Town Manager Mike Milanoski’s contract and start the search for a new Town Manager. I’m guessing they’ll do nothing.
If Selectmen do not change the Act at the December Special TM, their contract with Milanoski may well be a hot political issue at the 2013 elections if former selectman Ted Carr and Selectmen Chair Paul Carlson run for a third term. Carr and Carlson are two of the five guys who signed an illegal contract with Milanoski. It is expected Governance will suggest changes to the Town Manager Act at 2013 Town Elections. Members of the Governance Committee has said many times they feel Milanoski is doing a good job and they understand the Selectmen’s desire to work with him
Cohasset Governance will take its discussion
of the Town Manager Act and other Governance discussions
to a public hearing be held at 7 p.m.,
Monday, Oct. 29 at the media room at the high school.
The Committee hopes to publish on the town’s website
An agenda of the some issues it’s been discussing.
Former Selectmen Ronnie McMorris attended the early morning meeting and suggested the committee might ask town meeting for some money for a consultant to work with them. Presently, Chair Christine Cunning is working with Marilyn Contravas, an advisor from the Department of Housing and Community Development. McMorris added that the Mass Municipal Association did a study of the Town Manager’s Act six years into the Act in 1990 and that the committee should avail itself of a copy of the same.
The committee hopes to put something on the Town’s website before its public hearing Monday in order that townspeople can see what they’ve been discussing. The committee has pretty much ruled out recommending a charter commission. Committeeman Merle Brown pointed out that the process of electing a charter commission is a cumbersome one and that the town had voted against that process in the ‘60s. Brown said the Town wasn’t ready for it then and said “I don’t think I’m ready for it now.”
Committemen Sam Wakeman and Jack Keniley both agreed that the Town Manager Act is more flexible.
Governance will show attendees through a power point program its progress with committee surveys, discussions it has with regard to the merging of some committees, making some committees appointed as opposed to elected, making sure all committees keep minutes, possibly post minutes on the town’s website, post meetings, rotate their chairmanships annually, and term limits for committee members
Cunning said: “Maybe each committee needs to look at this and decide what’s best.” She noted that the state’s consultant said selectmen can not be appointed acting town manager or town manager.
Keniley said: “We eliminated idea that being appointed or elected doesn’t eliminate your being town manager.”
Lee Stone said it would be important to tell citizens at the public meeting what the limits of the committee’s authority is, saying “We are not a super secret power organization trying to take over the town. Everything goes through selectmen first, town meeting second.”
A representative of the Department of Revenue (DOR) is expected to attend the committee’s Nov. 15th meeting
Keniley said: The DOR is biased towards professional management. We should understand that when they come in.
Cunning noted that the state consultant recommended keeping most of the town’s boards and commissions elected as opposed to appointed. She also said the committee has a better understanding of how to handle some changes, such as budget planning recommendations, which will be put into the bylaws in simple language. Also, Cunning said, it is recommended by the state that the committee not get involved in the Town Manager’s rights. “The Town Manager has the right to appoint. Period.”
Town Manager Mike Milanoski told Governance that plans are in process to combine water and sewer into one board with separate enterprise funds at Annual Elections.
Dormitzer and Brown disagreed with one another about the time needed for selectmen to find a Town Manager. Dormitzer said: “One hundred and eighty days is too short. I don’t want to bind the selectmen. They need adequate time.”
Brown argued: “You’ve got to give them a time frame. Otherwise they’ll do what they’re doing now – sitting on the acting town manager.”
Keniley agreed with Dormitzer that the selectmen should have flexibility..
Committeewoman Trish Morse said: “Why would you not begin the search for a Town Manager?” She said the search for a Town Manager should begin as soon as the former town manager has been terminated or has resigned.
Last Friday at 5 p.m. Cohasset Selectmen attempted to vote on a press release about what they were doing with regard to Mike Milanoski’s extended illegal Town Manager’s contract. They will attempt the same feat Thursday, Oct. 26th at 7 p.m. This week it appears to be posted correctly. It will be interesting to see what they tell us this week. The last press release was a love letter to Michael and not much else. If they were attempting to pacify the community, get us ready to change the Town Manager Act at the Dec. 10th meeting, they failed miserably because they never mentioned it, not once. It’s a bunch of mush.
Tonight’s (Thurs., Oct. 24) meeting is, for all intents and purposes, a Selectmen Do-Over.
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(Editor’s note: this will be Mike Coughlin’s last blog, as he is proceeding with legal action against the town.)
By Mike Coughlin
In this week’s Mariner… Union President Pat Reardon makes the following statement
“We brought forth a list of allegations backed up by evidence and a thorough investigation.
“We’re still waiting for a result of the town’s investigation.”
While we know who is conducting the town’s investigation: disgraced investigator and sexual videographer Richard Sjoberg, my question is who conducted the union’s thorough investigation as referenced by Union President Reardon?
Was it Officer Reardon? Although he is union president he is a witness in the chief’s allegation that Mike Milanoski interfered with his internal affairs investigation. If Reardon did conduct it, it would be akin to investigating himself – biased but certainly not thorough.
Was it Sgt. Treanor? – yet another union official. Sgt Treanor was the subject of the internal affairs investigation. Once again, he would be investigating himself.
Was it one of the officers who all went down to Washington with Deputy Chief Quigley to observe police week? If so, how can a friend objectively investigate another friend; once again, biased but not “thorough”
Was it Detective Lt. Lennon? How can he be part of a union investigation when he is not a member of that union? He is a one- man member of his own union (Lts. Lennon and Quigley– since Quigley’s promotion– only one member).
Was it Deputy Chief Quigley? How can he be part of a union when he is not a member of any union as Deputy Chief?
Since the union brought forward charges against the chief and are pushing the Board of Selectmen and ultimately the people of Cohasset to railroad their police chief, should the union share the identify of who conducted its thorough investigation?
Since the BOS voted to exonerate the Interim Town Manager of allegations that he interfered with an ongoing Internal Affairs Investigation of Sgt. Treanor by Chief Deluca on the basis of a report rendered by disgraced private detective Richard Sjoberg, who likely based his report on the union’s self proclaimed thorough investigation shouldn’t they revisit that decision before granting any contract extension to Mr. Milanoski?
(Editor’s note: this will be Mike Coughlin’s last blog, as he is proceeding with legal action against the town.)
Lots of puzzled e-mails asking what the Cohasset Selectmen’s strange, illegal Friday Night Special Meeting was all about.
It’s all about Michael. What else can we do for Michael?
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This is how the Selectmen posted their meeting for a Friday at 5:00 p.m. on the Town’s website. Note that no topic of discussion is provided. Double click image below to enlarge.
What information must meeting notices contain?
Meeting notices must be posted in a legible, easily understandable format; contain the date, time and place of the meeting; and list the topics that, as of the time the notice is filed, the chair reasonably anticipates will be discussed at the meeting. The list of topics must be sufficiently specific to reasonably inform the public of the issues to be discussed at the meeting. While not required under the Open Meeting Law, public bodies are encouraged to make a revised list of topics to be discussed available to the public in advance of the meeting if the body intends to discuss topics that come up after posting but before the meeting convenes.
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