Mary Macedo, Neighb News Correspondent
At its meeting on Monday 10/19 the Fairhaven Board of Public Works met with attorney Jaime Kenny about BPW members’ rules and regulations they should follow.
Ms. Kenny joined the BPW meeting via Zoom and introduced herself to the board stating that she is an attorney for many towns and is part of the Labor Council for Fairhaven and has been for quite a few years.
Ms. Kenny explained that as a board member they only have authority as a whole board. As individuals they have no authority. As far as interacting with town employees, board members need to be careful on what they say and how they say it. She suggested they always be professional when speaking with town employees.
Ms. Kenny said that individual board members saying inappropriate things to town employees is the number one thing most board members get in trouble for. Most people get in trouble for saying something discriminatory or harassing. Board members could be individually liable for saying something inappropriate.
“You’re kidding me right,” BPW Vice-Chairperson Robert “Hoppy” Hobson said.
“No,” said Ms. Kenny laughing.
Mr. Hobson asked if he sees a town employee out and about can he go over and say hi?
Ms. Kenny said that any board member can go and talk to employees, but you just need to be careful with what you say.
Mr. Hobson explained that the town is small and a lot of town employees are close friends and even relatives. He asked what happens if he gets into a disagreement about a subject with a town employee?
Ms. Kenny said that he would need to make sure that the words he uses are professional and appropriate.
“So if he lights me up… I can’t light him up,” Mr. Hobson asked.
Mr. Hobson asked, what if the employee starts complaining about things in town or work and he disagrees with what they are saying.
Ms. Kenny said that if the employee has a dispute you need to suggest they talk to a supervisor or look into filing a grievance.
“If you want to listen to an employee as board member… go ahead,” Ms. Kenny said. “Just be careful with your response.”
Ms. Kenny said he should direct the employee to speak with Mr. Furtado or the administrative assistant Becky Vento.
Mr. Hobson said that in Fairhaven now, anyone can accuse anyone of something even if it’s not true. He said it happened to him. He also said that the town just settles grievances and that’s not right either.
Board member Frank Coelho said he did not know why they were discussing the authority of the board. He said he did not see anything explaining the board members’ responsibilities.
Ms. Kenny said she was trying to explain the state’s laws.
Mr. Coelho said that he did not understand why they were having the meeting with Ms. Kenny. He asked if she represents the whole town or just labor negotiations. Ms. Kenny said she handled labor and employment and collective bargaining.
Ms. Kenny explained that she was here to represent the town as a whole not individual people.
Mr. Coelho said that he was not sure why the issues started. He said he talked to some town employees and believed that was the reason they called Ms. Kenny to meet with the board.
Mr. Hobson said that Mr. Coelho did not have the authority to talk to employees.
Ms. Kenny said that the board members do not have authority to direct town employees as an individual board member. Ms. Kenny said the board only has authority as a whole board.
Mr. Coelho said that before he was on the board, board members used to go on construction sites and check things out. He asked where it says that board members cannot go into departments in town and check things out.
Ms. Kenny said they can go into departments and check things out, but they cannot direct employees to do things.
Mr. Coelho said he should be able to investigate things.
Ms. Kenny said that individual board members cannot question employees.
Mr. Coelho said that it does not say in writing anywhere what the board members can and cannot do.
“I’m telling you what you can do,” Ms. Kenny said.
Mr. Coelho also said that it was absolutely wrong that if a board member gets hurt doing town business that the town does cover the incident. Mr. Coelho said that the board should not have to sign a waiver to do town business. He said he checked with two attorneys and they said that what she was saying is illegal.
Ms. Kenny tried answering Mr. Coelho’s questions and talking through Zoom, but Mr. Coelho kept talking over her.
“I’m speaking, I’m speaking, I’m speaking,” Ms Kenny said trying to speak over Mr. Coelho.
“Let her talk,” board member Marcus Ferro said.
“I’m speaking to you,” Ms. Kenny said to Mr. Coelho.
Ms. Kenny said that she never said any of those things about town coverage, waivers, or board members getting hurt. She said she has not heard about that situation, and said she could take those issues to town counsel.
Mr. Coelho explained that he thinks he confused her with the town’s other attorney Tom Crotty. Mr. Coelho said Mr. Crotty told the board that they have to sign a waiver to go on town premises.
Mr. Coelho apologized to Ms. Kenny saying it was not her that said anything about the waivers.
“I appreciate your time,” Mr. Coelho said. “And for putting up with my hearing loss.’
Mr. Furtado explained that Ms. Kenny was there to tell new board members the do’s and dont’s and to answer any questions. He said that Mr. Crotty did say that BPW members were not covered if injured and that they should implement a type of waiver to sign. Mr. Furtado said the town is liable if a waiver is not signed and someone is hurt.
Mr. Hobson said a few years back he went into the BPW building and had is nomination papers with him and he had a few employees sign them, but did not pressure any to do so. He said others did the same thing.
Ms. Kenny said that should not be done, and suggested they have an ethics training.
Ms. Kenny also said that board members cannot go to other town department without an invitation.
Mr. Coelho said that is not stated in writing anywhere.
Ms. Kenny said that they can put a policy together in black and white to make it clearer.
BPW Chairperson Brian Wotton asked if board members can just walk into the personnel area of the BPW building.
Ms. Kenny said that they need to stop at receptionist first.
Mr. Coelho thanked Ms. Kenny and stated that he never violated anything.
Mr. Ferro asked Ms. Kenny to clarify that the board members are not allowed to go into departments without an appointment or without a supervisor’s permission.
Ms. Kenny said that is correct.
Mr. Ferro just wanted to confirm that he believes Mr. Coelho violated that.
Mr. Wotton also noted that the next meeting will be on Monday November 2nd at 6:00 P.M.
“That’s for you Beth David,” Mr. Wotton said laughing, and explained that Ms. David posted 6:30 p.m. in the Neighb News.
“Don’t get her upset,” Mr. Hobson said.
“I’m not trying to make her mad,” Mr. Wotton said. “I figured I’d mess with her a little bit.”
“You don’t want to mess with her.” Mr. Hobson said.
“She’s been taking it easy on us,” Mr. Wotton said.
“Thank God,” Mr. Furtado said “Thank you!”
“And we appreciate that Beth,” Mr. Wotton said. “Just messing with you.”
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