By Beth David, Editor
At its meeting on Monday, 3/25/24, the Fairhaven Select Board answered an Open Meeting Law (OML) complaint filed by SB member Bob Espindola, who recused himself and left the room during the discussion.
In the complaint,* Mr. Espindola alleges that the Select Board engaged in discussion during the Executive Session on 2/26/24 on a matter that should have been discussed in open session. During that meeting (FNN 2/29/24 issue), in the open session, the board discussed going into Executive Session to discuss the Town Administrator’s contract.
In the OML complaint, Mr. Espindola says that the minutes of the executive session on 2/26 show that an illegal topic was discussed. He writes that he thought his correspondence with the Attorney General’s office, discussed in the open session, made it clear that the topic of Goals for the TA did not meet the standard for discussion in executive session.
“Upon entering Executive Session, Town Administrator Ellison started the meeting by saying that she wanted to discuss goals and became very angry,” reads Mr. Espindola’s OML complaint. “I felt uncomfortable both because the discussion was about to ensue about goals and because I felt there was a hostile environment aimed at me, so I exited the Executive Session at that point.”
Mr. Espindola writes that after he saw Ms. Ellison leave the room, he re-entered the discussion and they talked about her contract, which is the topic that was actually on the agenda for Executive Session.
The complaint says that on 3/11, the board approved minutes** “that confirm not only that the topic of goals discussed in Executive Session but Town Administrator Ellison also filed a formal complaint to the rest of the Board about me while I was not in the room. There was nothing posted on the Executive Session agenda to discuss concerns about any Board member and I received no notification that that discussion would take place without me present in the room. Furthermore, it is my understanding, from talking to Labor Counsel, that because of the comments made about me in Executive Session, I will be questioned in an investigation about the allegations.”
The complaint also says the minutes do not show that the chair tried to stop the discussion.
“I believe the actions taken in executive session to discuss goals after receiving written notice by email and then verbal notice during the Open Public meeting as well as the complaint to the rest of the Board with me absent and without proper notice, show a blatant disregard for the Open Meeting Law,” reads the OML complaint. “I believe it is my responsibility to file a formal complaint in an effort to stop this sort of thing from happening in the future.”
In the response to the complaint, SB Chairperson Leon Correy writes: “Please be advised that the Select Board is responding to an improperly filed complaint,” and notes the reason it is improper is that OML complaints should go to the chair of the board and also the clerk. “You did not file with the municipal clerk.”
In the response, Mr. Correy writes that Ms. Ellison explained at the 2/26 meeting that it is standard practice to negotiate terms of her contract in executive session and then bring results to open session.
“We take matters related to compliance with the Open Meeting Law very seriously,” reads the response.
Mr. Correy also notes that Attorney Rich Massina was in the room and explained the exemption in executive session and in open session.
“Due to the fact that executive session minutes have not been released, the Select Board cannot address your assumptions without violating the statute,” reads the response.
The response did not address Mr. Espindola’s claim that they discussed a complaint against him without his knowledge or presence in the room and without it being on the agenda.*
In another matter, the board voted on their recommendations for Town Meeting Warrant articles. The budget numbers for a variety of departments are still changing, so the board mostly voted to recommend at town meeting, instead of voting on hard numbers.
During the public comment period JP Lemieux presented a petition with more than 270 signatures on it asking the board not to renew Town Administrator Angie Lopes Ellison’s contract. The petition cites budget shortfalls and staffing issues in the past three years. The item was not on the agenda, it was during public comment, so the board did not discuss the item.
The meeting was the last regular SB meeting for Mr. Correy and Mr. Espindola. Both received words of praise from their fellow board members.
Mr. Espindola noted that the Mass. Department of Revenue Report from 2022 showed a healthy financial outlook with the town’s policies resulting in healthy free cash and very substantial stabilization funds up until that time.*** This year is the correction year, he said, and people should not think the deficit will get larger each year.
He said people should get real information from the town.
Mr. Espindola closed out by saying he enjoyed his time on the board for the last 12 years, and noted he had one more meeting, a joint meeting with the Finance Committee this week, before he was done.
In a 10-minute closing statement, Mr. Correy praised some of his fellow board members and then went into a familiar refrain about being mistreated by the residents of Fairhaven.
He said his family has “endured a lot” and it has taken a toll on the mental states of his family, and called out “armchair rebels.”
He noted, by name, some people he defended, and made vague references to news articles, reporters, and a lack of an apology of some sort.
Mr. Correy said the town was very divided when he was elected, but he thinks the town has come together in their dislike of him.
“You’re welcome,” he said.
In other business the board
• The board also voted to support World Autism Day on 4/2, when people are asked to “Light it up Blue,” by using blue lightbulbs. Diane Hahn left blue bulbs at town hall for anyone to take.
• Raised the senior age from 62 to 65 for shellfish licenses. Those who have already received their free lifetime licenses at 62 can keep them.
• Voted to allow the Pride Flag and the Juneteenth Flag to be displayed on the town hall, along with the Homecoming Day banner, which was already approved.
*Mr. Espindola’s complaint and the response are available on the Neighb News website: www.neighbnews.com under archives, 3/28/24 issue.
**Executive Session minutes are not a public record until they are approved and then released to the public, so the Neighb News has not been able to verify anything in those minutes.
***Corrects errors from previous versions.
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Click here to download the 03-28-24 issue: 03-28-24 CampaignSigns
Click here for Espindola’s OML complaint: EspindolaOML_3-11-24
Click here for the SB Response to the complaint: EspindolaOML_3-11-24_Response
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