Town manager search discussions are behind closed doors

Wed, 03/20/2013 - 7:30am

Lynda Clancy

ROCKPORT — Seven Rockport citizens, plus one Select Board member, will be periodically sequestered over the next eight weeks behind closed doors to first talk about what to look for in a new town manager, and then to review incoming resumes for the job that has been posted online and in various publications.

Last week, the Town Manager Search Committee met for the first time, in executive session, at the town office. The committee consists of Kim Graffam, Will Gartley, Peter Hall, Tom Cox, Betsy Saltonstall, Kathleen Meil, and Jan Rosenbaum. Select Board member Tracy Murphy is the liaison to the committee.

Town Manager ad

TOWN OF ROCKPORT, MAINE: From its pristine harbor to its blueberry fields, Rockport, Maine, is a small Town (population 3,500) of uncommon character.

The Town is currently accepting applications for the position of Town Manager with an anticipated appointment in June 2013. Rockport has a municipal budget of $4,400,000 with a tax assessed value of $985,000,000 and serves as a Regional Service Center.

There are 30 full-time municipal employees.

The ideal candidate will have strong municipal government experience, excellent communication skills, and proven people management skills. Experience in the corporate world, with grant writing, and/or with solid waste management would be valuable, but is not essential.

The Town offers a competitive salary and excellent fringe benefits. Resumes with at least three references and a completed Town employment application form should be submitted to: Town of Rockport, c/o T.M. Search Committee, PO Box 10, Rockport, Maine 04856. Applications will close March 29, 2013. Equal Opportunity Employer.

Rockport's former town manager Robert Peabody officially departed the office three weeks ago, and Roger Moody, a Knox County Commissioner and Camden's former town manager, stepped in temporarily to help tide the town over until a new manager is hired. The town and Peabody reached a severance/release agreement that was signed Feb. 19.

The committee was told to meet in executive session throughout the entire process, said committee Chairman Peter Hall, who was elected at the last meeting, March 14.

The deadline for town manager job applications is March 29.

Hall cited the two governing legislations that were delivered to the committee: Title 1 M.R.S.A. Section 405(6)(A) and Rockport Town Charter Art III, Sec 2 (B) (1) to justify the closed door meetings.

"Our job is to come up with a matrix and then we review resumes," he said. "Then we come up with a semi-final list."

That list is to be ready for the Select Board by May. The committee is to meet March 21 and 27, as well as April 10, 15, and then May 1. The meetings are held in the evening in the Richardson Room at the Rockport Town Office.

When asked why the discussion about the matrix would be behind closed doors, Hall referred the question to the committee's Select Board liaison, Tracy Murphy.

She confirmed Hall's statement, saying town counsel advised it so.

"We were told by the attorney that any part of what we are doing is part of the job search and can be done in executive session," Murphy said.

The section of state law Rockport is referencing says that executive sessions may be held for:

"6. Permitted deliberation. Deliberations on only the following matters may be conducted during an executive session:

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.

This paragraph does not apply to discussion of a budget or budget proposal; [2009, c. 240, §2 (AMD).]"

The section of the town charter defining a town manager search and its reasons for going behind closed doors that is being cited says: "All meetings of the Search Committee shall be conducted as Executive Sessions and all information and discussions are confidential to the extent allowed by law."

Since Christmas, Rockport leaders have held more than seven meetings behind closed doors to address two personnel complaints that contributed to upheaval at the town Rockport Town Office.

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