Fairhaven Select Board Chairperson Leon Correy waves as the photographer tries to get a picture of Mr. Correy smirking and chuckling while SB member Bob Espindola speaks at the meeting on 2/26/24. Photo by Beth David.
By Beth David, Editor
The Fairhaven Select Board meeting had some testy exchanges on Monday, 2/26/24. SB chairperson Leon E. Correy III engaged in his now common berating of fellow board member Bob Espindola and an exceptionally long diatribe about racism and racists in Fairhaven, reminding everyone that he is not running for re-election because of racism he has endured since entering public office.
The board was discussing a motion to convene in executive session, purportedly to discuss contract negotiations for Town Administrator Angie Lopes Ellison, whose contract expires in April of 2025.
Mr. Espindola asked for a clarification of why they were convening in executive session. He said he did not believe the reason for the executive session was a permissable reason. He wanted an assurance that they would not be discussing goals and objectives because that is no permitted as outlined by the Attorney General’s Office. He said he had forwarded an email to his fellow board members from the AG’s office.
Ms. Ellison took exception to the questioning and quite forcefully said her contract has “very specific” things in it and they needed to be negotiated in executive session.
She also chastised Mr. Espindola for forwarding his “opinion” to everyone in an email. He answered that he did not express an opinion, he forwarded information from the AG.
Mr Espindola said for two years they discussed goals in open session, then last year they did it at their “retreat.”
The retreat was not recorded by the Fairhaven Cable Access Department.
Mr. Espindola said they should wait for a determination from the AG’s office.
“You can’t set goals for me in open session,” said Ms. Ellison.
She read a section of her contract to prove her point, but Mr. Espindola said he did not see where it meets the standard for executive session. He said the email from the AG’s office says otherwise.
“At least that’s the way I read it.”
The documents he produced were an email from the AG’s office in response to Mr. Espindola’s question of whether or not a discussion of the goals and objectives that will be used to evaluate the Town Administrator in the next contract is a proper executive session topic.
The AGO’s answer was that they would only “provide an advisory opinion” if it is from a complaint filed for “full review and investigation.”
The answer then points to previous decisions that the office has made and provides three documents: Dighton Selectboard, and two from Great Barrington Housing Authority.
“We have explained in a few prior determination letters that discussions of the process or metrics through which an evaluation will be conducted is not a proper matter for executive session,” writes the AGO.
Mr. Espindola said if the board did not agree, then he would not participate in an executive session, preferring to see something specific from town counsel or the AG’s Office.
Ms. Ellison said they could decide to do it in open session, but would have to discuss it in executive session to decide that. Mr. Espindola said it was not listed on the agenda that way.
“All right,” said Mr. Correy, then paused for a moment and spoke to Mr. Espindola: “The divisive environment that has been created and has been fostered for at least the last year is absolutely insane and irresponsible. And we can talk about it further at another time because it’s not…You should be ashamed of yourself, quite frankly.”
Mr. Correy asked if there was anything beyond goal setting that had to be discussed in executive session. When Mr. Espindola tried to speak, Mr. Correy interrupted him.
“I’m talking, I’m talking, I’m talking, I’m talking, I’m talking. Thank you,” said Mr. Correy.
He said they would go into executive session, and since Labor Counsel was there, they would ask him for some clarity.
The board’s roll call vote for executive session was 4-1 with Mr. Espindola voting “no.”
When they returned, Labor Counsel, Rich Massina, said that the purpose of the executive session was not to discuss goals. He said the reason was to discuss strategy and negotiations for the contract that expires in 2025.
Generally speaking, he said, goals will come up in discussion, but, he made it clear, that the purpose of the executive session was not to set goals “as described in the contract for the purposes of the performance review.”
“That’s a separate process,” said Mr. Massina. “The meeting was truly to discuss the strategy and how the board goes about negotiating that.”
The two board members also had some disagreement during the appointment of Daniel Lane to the Board of Assessors to fill the position vacated by long serving assessor Ellis Withington, who resigned on 2/7/24 with no explanation and no notice.
He wrote: “Hi. I am herby [sic] resigning from the board of assessors as of today. Thank you.”
Mr. Espindola said he had some concerns about the status of the Board of Assessors because they so abruptly lost a “valuable asset to the town,” in Mr. Withington who has served on the board since 2006.
Mr. Espindola asked that the Select Board consider holding a joint meeting with the assessors to find out what is happening with that board. He said he spoke with another board member who also may leave, and he was concerned.
“That’s an incredibly vague ask,” said Mr. Correy, adding that he did not think they were in a position to address it.
SB member Stasia Powers asked what the end goal would be. They need to fill the spot and they have a candidate.
Mr. Espindola said he was concerned about the nature of how it happened, so abruptly. He said he would like to know what precipitated it, noting that the assessors are an “enormous part of our revenue.”
Ms. Powers said that Mr. Withington did not share his reason when he resigned. She said it puts the board in an “awkward position” because they have a person who is qualified to fill the role.
SB member Charles Murphy said when a person resigns they should take that opportunity to say why, or to at least talk to the Town Administrator.
Mr. Espindola said it was his understanding that Mr. Withington did speak to Ms. Ellison. But the appointment is the Select Board’s responsiblity.
After a loud and long sigh, Mr. Correy said, “Two more meetings,” apparently referring to the fact that he is not running for re-election and there are only two meetings left before the town’s election on 4/1.
Then he moved the meeting along.
The board voted to appoint Daniel Lane to the board of assessors, 4–1, with Mr. Espindola voting “no.”
At the end of the meeting when board members have a chance to speak on their chosen topics, Mr. Espindola addressed the comment that he should be ashamed of himself, saying it was “actually quite the opposite.”
“I’m very proud of my record,” said Mr. Espindola. “I’ve been on this board for 12 years. And I’m very concerned about every time we enter executive session ensuring that we are following those guidelines from the attorney general’s office and trying to understand them so I can advocate for that.”
He said people in the community are counting on board members to follow the guidelines when they go behind closed doors. He said he reaches out to the AG’s office to find out when if he is not sure.
“I’m not always right,” said Mr. Espindola, adding he is “very proud” of the fact that he does his best to make sure only those things that are supposed to take place in executive session do.
He also reiterated his concern that not all the public documents that are in the SB packets are being posted online, even though it is a clear policy of the board to have them posted.
Mr. Espindola also said he was completely unaware of a major lawsuit the town is named in until he read it in the Neighb News. He asked that the board be kept updated when the town is in litigation.
“I think we got a little out of hand today,” said Ms. Powers, adding that as a board member she chooses to treat everyone with respect, even if they disagree.
“We should always just be treating each other with respect,” she said. “And I think our community deserves to hear us be kind to each other, be respectful.”
She said they can strongly disagree, but need to be careful and “set an example for our community.”
“There’s a lot of nastiness out there,” she said.
In a 7 1/2 minute diatribe at the end of the meeting, Mr. Correy hit on his now familiar refrain about racism in Fairhaven and how people do not want to admit it exists.
He said it is “interesting” that “we” seem to pick and choose when we are transparent.
He also said that the behavior of residents is creating a hostile work environment for Ms. Ellison, who he said was stalked because someone looked up personal information on her, such as the cost of the house she bought.*
“That’s why I don’t want to serve this town anymore,” he said. “People don’t want to hear the truth.”
In other business, the board approved the increase in boat fees, including Waterways Fees.
The board voted at its last meeting to raise parking fees at the boat ramps, shellfish license fees, and Union Wharf fees (see 2/1/24 issue). The board had decided to hold off on other fees to get more information on how much more revenue would be collected if the changes went into effect. The Marine Resources Committee had suggested lower rates than the Town Administrator.
In the end, the board voted to go with the higher fees, which would net the town about $128,000 more in revenue.
Waterways fees went from $1/foot to $4/foot for residents, and from $4/foot to $10/foot for non-residents. Mooring fees went from $30/year to $50/year for residential, and from $100/year to $150/year for commercial.
* Editor’s Note: Home sale prices and mortgages are public information and are available through the Registry of Deeds organized in 21 districts throughout the state.
You can see the clip of Mr. Correy’s “two more meetings” comment below. The whole meeting is available for viewing at www.FairhavenTV.com
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Click here to download the 2/29/24 issue: 02-29-24 Oysters
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Click below to watch the Leon Correy video clip:
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