By Beth David, Editor
Executive Session minutes from seven Fairhaven Select Board meetings show that negotiations for a separation agreement with former Town Administrator, Angie Lopes Ellison, ended with the town agreeing to a total of $350,000 for her to leave her post immediately instead of in April, when her contract expires.
The minutes do not give any indication of why Ms. Ellison should get the payout to leave immediately instead of the town simply not renewing her contract in April.
There is an inkling of reasoning in the 9/30/24 minutes with the town’s labor counsel, John Clifford, of Clifford and Kenny giving somewhat of an indication. Mr. Clifford was responsible for taking minutes at all of the Executive Sessions and the minutes reflect that the minutes were submitted by Clifford & Kenny.
“Atty. Clifford explained that the goal would be to reach an agreement that resulted in Ms. Ellison’s immediate separation, and agreement to waive any and all claims against the Town arising out of her employment, including claims against former officials,” read the minutes.
The minutes also show negotiations regarding vacation time, with Ms. Ellison asking for $16,000 for four weeks. However, in the next paragraph, the minutes state that Ms. Ellison changed the amounts: “Ms. Ellison had changed the amounts in the payout to increase the lump sum payout by $11,753.55. According to the modified draft, this would increase the lump sump payout to $232,434.50.”
That amount is less than the $250,000 payout from the town, but none of the SB members had an explanation for the discrepancy.
SB member Keith Silvia said it had something to do with vacation, but he could not explain how the minutes say the amount was an increase, but the final number is a decrease. He said he believed that was simply a mistake and the final should be more than the $250K, not less. He said the $16K number changed because the negotiations dragged on and he believed Ms. Ellison used some vacation days.
The “modified draft,” is not in the documents released. The separation agreement is also not in the documents released.
It is also unclear if the payout includes the balance of Ms. Ellison’s salary, or if that is separate; and if she will be entitled to health insurance until April. Attotneys’ fees for Mr. Clifford are also separate from the agreement.
So it is possible that the amount discrepancy has something to do with her receiving her regular salary until the end of her contract or the end of the fiscal year. It is unclear if the salary is part of the payout or separate from it. If it is part of the payout, then it would explain the discrepancy.
Because the agreement is not public, and so much of the discussion is shrouded in secrecy, the Neighb News was not able to get a definitive answer.
The documents show in several votes that Mr. Silvia and SB member Andrew Saunders voted not to terminate Ms. Ellison’s employment, with SB chairperson Stasia Powers, SB members Charles Murphy and Andrew Romano voting to remove her.
Mr. Silvia said there were four possibilities and the board chose the worst one. One, if warranted, they could have fired her, and not have to pay her; two, they could have let her finish out her contract and not renew it; three, they could have put her on administrative leave if they were worried about her being in the building; four, buy her out, as they did.
“I don’t think buying her out was the thing to do,” said Mr. Silvia, adding it is a burden to the taxpayers, she is getting almost two years of salary, and the town has to pay for a replacement, essentially paying double. “I just couldn’t justify it.”
He also said the town simply did not use standard negotiating strategy.
“If you make a deal like this, you start at the bottom,” said Mr. Silvia, but not Fairhaven. “She wants the moon, let’s give her the moon.”
Mr. Saunders but did not elaborate on his reasons for voting “no.”
“The question we were voting on was a settlement, and the terms of that settlement are confidential. We can’t talk about the terms of the settlement,” said Mr. Saunders. “I voted against the proposed settlement because I didn’t think it was in the best interest of the town.”
Mr. Romano said he would not comment on the agreement, writing: “It is my understanding we voted to release the minutes, however, as a board, should not be commenting.
Mr. Murphy said: “As I always do, I voted in the best interest of the town. In terms of any details, I’m not at liberty to even discuss it.”
Ms. Powers was unavailable for comment.
The Neighb News requested a copy of the separation agreement. The Town Clerk responded that it is a “classified personnel document” and is not a public record, as it would “constitute an unwarranted invasion of personal privacy and exempt from disclosure.”
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