Personnel matter

Thu, 01/03/2013 - 11:30am

Lynda Clancy

ROCKPORT — The Rockport Select Board spent much of New Year's Eve day behind closed doors discussing a personnel complaint. On Jan. 2, the board reconvened for half an hour in the morning, again in executive session. Thirty five minutes later they emerged, and made a motion to hire an investigator "to investigate a personnel matter raised in a complaint," said Board Chairman William Chapman.

"We take the matter seriously," said Chapman, in a phone conversation, Jan. 3. "The complaint needs to be investigated and resolved."

Chapman declined to discuss details of the case, and said he was not comfortable identifying the investigator. He did not have a cost associated with the investigation, and said the board would know once the investigation is complete.

"It involves municipal staff," he said.

Chapman said the complaint was made directly to him, not to the Maine Human Rights Commission, which is the state agency charged with enforcing Maine’s anti-discrimination laws and investigating complaints of unlawful discrimination in employment, housing, education, access to public accommodations, extension of credit, and offensive names.

Chapman said he received a written complaint Dec. 28.

"It was brought to my attention as the chairman of the select board," he said.

On Dec. 31, he convened the full board at 9:15 a.m. in the Richardson Room of the Rockport Town Office. Throughout the day, the board, comprising Ken McKinley, Tracy Murphy, Geoffrey Parker and Chapman (Charlton Ames was out of town), "asked people to come and speak to us," said Chapman. He declined to discuss their identities and role in town government.

The executive session on Dec. 31 ended at 2:30 p.m.

"We did have lunch," said Chapman.

Chapman said he has consulted with the town's attorney, William Plouffe, of the Portland-based Drummond Woodsum law firm, who recommended the name of an investigator. On Jan. 2, the board agreed to hire that investigator.

The board has no immediate plans to meet again about the issue. The independent investigator is to report back to the select board when the investigation is completed.

In Maine, executive sessions may be called for:

A. Discussion or consideration of the employment, appointment, assignment, duties, promotion, demotion, compensation, evaluation, disciplining, resignation or dismissal of an individual or group of public officials, appointees or employees of the body or agency or the investigation or hearing of charges or complaints against a person or persons subject to the following conditions:

(1) An executive session may be held only if public discussion could be reasonably expected to cause damage to the individual's reputation or the individual's right to privacy would be violated;

(2) Any person charged or investigated must be permitted to be present at an executive session if that person so desires;

(3) Any person charged or investigated may request in writing that the investigation or hearing of charges or complaints against that person be conducted in open session. A request, if made to the agency, must be honored; and

(4) Any person bringing charges, complaints or allegations of misconduct against the individual under discussion must be permitted to be present.

Editorial Director Lynda Clancy can be reached at lyndaclancy@PenBayPilot.com; 706-6657.