ROCKPORT — The Select Board spent almost two hours Jan. 22 in closed-door discussions with its hired investigator, first talking about the board's legal rights and duties concerning a personnel matter, followed by another session with the same investigator and the town manager. No action was taken after either sessions, other than for Chairman Bill Chapman to say the board would "undoubtedly have another one [executive session] to continue discussion."

He said Jan. 23 that the Select Board would reconvene Monday, Jan. 28, to consult with Town Attorney William Plouffe, after reviewing a written report issued by investigator, which will be due by Friday, Jan. 25.

At issue is a personnel complaint filed at the end of December with the Select Board, a complaint that has since then generated multiple executive sessions; consultations with Portland-based town attorney William Plouffe, of the firm Drummond Woodsum; the hiring of an investigator, Attorney Melissa Hewey, from that same firm; and memos circulated to town staff, including one on Jan. 3 outlining a schedule by which town employees would be able to voluntarily talk with the investigator.

Still, the specifics of the complaint — who filed it against whom, and whether any town employee is on administrative leave — remains cloaked in mystery, despite information requests made by two media outlets.

At the Jan. 22 meeting held in the town office Richardson Room, Hewey delivered an oral report resulting from her investigation. She had spent the week of Jan. 7 conducting interviews with town employees.

When asked how many individuals she interviewed, Hewey responded: "I'm not going to tell you anything about the investigation at all."

Chapman declined to say why Rockport Town Manager Robert Peabody was present at the second executive session.

Chapman said: "I would not assume anything. This is a serious matter."

Earlier in the evening, Chapman had said he wanted all board members present before voting on anything to do with the complaint. Board member Geoffrey Parker was not at the Jan. 22 meeting, but had participated in conversations there via telephone. Still, according to the town's charter, he would be prohibited from voting unless he was physically at the table.

"I would like the entire board to be present to take a vote," Chapman said. "Because it is the right thing to do. It is a personnel matter. We are taking this very seriously. It's a charge. I don't want either party saying they weren't given a fair hearing. That's why I want everyone here."

The board has 10 days from submission of the report to make any decisions concerning the complaint, unless the person who the complaint was filed against requests an extension, said Chapman.

Two former select board members have written emails to Board Chairman William Chapman about the matter.

In a Jan. 4 email to Chapman, former Select Board member Alex Arau cited the costly potential of the personnel matter, as well as its possible negative effect on staff morale. Arau sat on the board during the period when Rockport concluded a legal dispute involving Maine Coast Artists and its neighbors in Rockport Village.

"It involved more than $100,000 and over a dozen years before we had resolution," he wrote. "The suit could have been dealt with early and cost little in dollars or time of officials. The lesson to me was that the Select Board needs to be proactive and firm in ending disputes before litigation becomes involved. If litigation is inevitable, settling quickly can benefit all but the attorneys. This issue has the appearance from the article of being even more costly for the town in dollars (and morale productivity) since it involves our employees."

Arau continued: "My unsolicited advice is to stay proactive and work to end the issue. Be as open as possible with the taxpayers — difficult in this case — and think of the employees and how they will view your actions. Do not simply think in legal options."

Former Select Board member Tom Farley wrote simply: "Maybe this time you will do the right thing!"

One town employee characterized the issue as "paralyzing" to normal municipal business.

By 8:42 p.m. on Jan. 22, the Select Board had concluded its second executive session and Chapman said any upcoming meetings to further address the complaint would be advertised. When asked again if a town employee had been placed on administrative leave, paid or unpaid, Chapman referred the question again to the town manager. The question had been asked last week and Chapman had at that time referred the question to the town manager. The town manager had referred the question back to Chapman.

On Jan. 22, Chapman said, "If I make a statement, I usurp his power under the charter."

Hewey said she would address the question on Jan. 23, after she concluded other business out of state.

"So anyway, let's go home," she said.

Everbody then did so.

Related stories

Rockport hires investigator

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