ROCKPORT — The Select Board met behind closed doors Monday evening, Jan. 28, beginning at 5:30 p.m. and finishing at 8:45 p.m.; its reason: to confer with Town Attorney William Plouffe about the legal rights and duties of the board concerning a personnel complaint. This meeting marked the fifth executive session the board has convened since New Year's Eve, when the board talked initially for five hours about the complaint. But, the issue has taken on other dimensions, as the possibility of more than one complaint arises.

Rockport Town Manager Robert Peabody was not at the meeting, but when reached after by phone and asked about the complaint, Peabody said, "which complaint?"

When asked if there was more than one complaint that has been occupying town government since soon after Christmas, Peabody said, "I can't confirm or deny that."

When asked if there are negotations under way between town parties, Peabody said, "I can't confirm or deny that."

When asked if he is involved with the personnel issue, Peabody said, "As town manager, I am involved with everything."

But it is evident that more attorneys are involved, although the attorney for the yet unnamed complainant declined to discuss details.

"At this point, I do not want to reveal any information," said Attorney John Richardson, after the Jan. 28 Select Board meeting, over the phone. He represents the individual(s) who submitted the complaint, but he declined to identify who that is.

Select Board Chairman Bill Chapman said at the end of Monday night's meeting that the substance of the meeting involved taking guidance from Plouffe and "continuing to discuss [the complaint]. He was laying out our duties and obligations."

Chapman said the board has not set another meeting to continue discussion of the complaint.

Peabody currently is operating under a contract that extends to June 30, 2014. He has been town manager since 2004. Rockport has approximately 29 fulltime employees, and eight or nine parttime employees. There are nine department heads. Finance Director Virginia Lindsley issues 37-38 paychecks a week.

Chapman said Peabody took a vacation day on Monday, Jan. 28.

Peabody said after the meeting, and over the phone, that he has a lot of vacation time to use.

"I have a zillion vacation days," he said.

The Jan. 28 meeting was held in the Richardson Room at the Rockport Town Office. The board taped up newspaper in the meeting room door window at the beginning of its meeting.

At issue is a personnel complaint filed Dec. 28 with Select Board Chairman Chapman, a complaint that has since then generated meetings; consultations with Portland-based town attorney 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.

There have been no bills submitted yet to the Rockport town office from attorneys concerning this issue.

During the meeting, and into its second hour, select board members exited the room several times to talk individually with some town staff, including Town Clerk Linda Greenlaw and Finance Director Virginia Lindsey, who were sitting outside the meeting. Two select board members also exited the meeting to consult a computer in the main office. At 8 p.m., Chairman Bill Chapman exited the meeting to take a can of cookies, made by Town Clerk Greenlaw, to those waiting outside the meeting. Greenlaw had made the cookies in remembrance of her good friend, Kay Warren, who recently died.

Other town staff, including Rockport Planner and Community Development Director Tom Ford and Assessor Kerry Leichtman, also remained outside the Richardson Room. All present, including two members of the media, waited until the meeting was over before going home.

On Jan. 22, the board held two executive sessions, the first to discuss its legal rights and duties. There were no motions made exiting that meeting. The next executive session that night was convened to discuss a personnel matter and Rockport Town Manager Robert Peabody was present at that session, which lasted approximately one hour. No motions were made following that meeting.

On Friday, Jan. 25, Peabody was not in the office, but when reached by phone, he declined to discuss the reason for yet another executive session scheduled for Jan. 28, referring all questions to Chairman Chapman.

Personnel policy of the town of Rockport states that the procedure for complaints as follows:

"Any complaints alleging unlawful discrimination shall be registered with the Town's Equal Employment Opportunity Officer (the town manager) or designee,... no later than five work days after the alleged incident, who will arrange a meeting to discuss the matter. The meeting shall take place no later than five working days from receipt of notification. If the EEO officer is unable to resolve the matter during this meeting, the aggrieved party shall submit to the EEO officer a written signed complaint within five additional days. The EEO officer shall then have an additional 15 work days to conduct an investigation and to issue a report with recommendations to the Select Board. The Select Board shall, within 10 working days, notify the aggrieved party of their decision, which shall be final.

"If the complaint alleges unlawful discrimination by the Town Manager, the complaint shall be submitted directly to the chairman of the Select Board, who shall appoint an investigator. The investigator shall issue a report pursuant to the procedures contained in paragraph 1 above.

The specifics of the complaint(s) — who filed against whom, and whether any town employee is on administrative leave — remain secret.

When asked yet again if a town employee had been placed on administrative leave, paid or unpaid, Chapman referred the question again to the town manager, citing the personnel policy of the town.

On Jan. 25, when reached by phone, Peabody declined yet again to answer the question, citing personnel policy and privacy issues, adding, "people's lives, their reputations are at stake."