Town of Warwick
Selectboard
May 14, 2007
Minutes of Executive Session

Present: Rick Abbott, Patricia Lemon, Jim Toth, Town Counsel Fernand
DuPere


I. Call to Order:  Executive session called to order at 4:05 p.m.

DuPere told the Board that Columbus had offered his proposal
unsolicited, indicating that he didn't enjoy working with the Board and
that the inclusion of Petition Articles 8 and 9 in the Town Meeting
Warrant had prompted his proposal.  The proposal (attached) included:
* Mutually amending his contract to end on November 30, 2007, rather
than June 30, 2008, which period was chosen to give him 5 months' salary
(one for each year as Town Coordinator) as severance pay (which Lemon
reported as $8,631.45=1726.25*5, based on an annual salary of $20,715)
* Continuing the Town's 75% share of his benefits until the end of
the amended contract (which Lemon reported as $292.12/month for Health
Insurance and $6.03/month for Life and Disability Insurance, totaling
$1490.75, according to information received earlier from Treasurer
Robinson),
* Taking his FY '07 vacation time (not cumulative) beginning on June
11 (which would be his last day in the office),
and
* Nothing in writing to prevent him from collecting unemployment
after the end of November.

Upon questions about the cost of the severance package, Lemon replied
that Columbus demands would add up to $10,122.20 in FY '08. Toth noted
that Hurlburt's unemployment had increased the Town's cost from about
$1000 to about $7000, an increase of about $6000, but that considering
the salary differential, Columbus' unemployment would most likely
increase it by more like $4000, bringing the potential cost of Columbus'
proposal to as much as $14,000, vs. completing his current contract
through June 30,2008 for $24,292. Toth noted that allowing him to
complete his current contract could leave the Town exposed in the event
of a serious error, whether innocent or vengeful on Columbus' part.

Lemon noted that any unemployment claim might be complicated by
Columbus' second job as a convenience store clerk, and DuPere added that
he believed the current period during which unemployment could be
collected is 26 weeks, lacking a disability claim, which could be up to
39 weeks.
Lemon offered the opinion that Columbus could be fired for cause, citing
a number of instances of mal- and non-feasance. DuPere agreed, but
warned that unless the Board was prepared to be sued - probably
successfully and certainly VERY expensively - it would be a long, draining
process, starting with a formal evaluation resulting in specific,
written complaints and specific steps for curing them and that given the
individual in question, the curative period would require constant
monitoring on the part of the Board, and even then his departure could
not be guaranteed.
Lemon MOVED that the Board authorize DuPere to offer Columbus 5-months'
severance pay, beginning July 1, 2007, and including benefits, but
specifying that his resignation was both voluntary and irrevocable. 
Abbott SECONDED.  With a roll-call vote required, Toth voted "aye,"
Abbott voted "aye," and Lemon voted "aye."
DuPere said that the vote had been unnecessary, but that all the Board
had needed to do was give him a sense of their wishes, which he now felt
he had. 
DuPere then retired to the SelectBoard office to confer with
Columbus. Upon his return to the Boards room, DuPere reported that he
had finally persuaded Columbus to accept the Board's terms and that he
could now draw up an iron-clad agreement that would protect both parties
from litigation on the subject but warned that Columbus could take up to
21 days to review the agreement before signing and that the only
guarantee that he would do so was his spoken word, which had already
proven unreliable in this matter as well as previous ones.
Lemon assured all in attendance that in the event he withdrew from the
agreement, she was prepared to begin the evaluation and reevaluation
process immediately.
Lemon and Toth both affirmed that they would be available to take over
Columbus' contractual duties between his departure on June 11 and the
hiring of a suitable applicant for the position, Lemon from June 11
through Toth's return to town in late July or early August, and Toth
after his return.  Both expressed their determination to be in the
office as often as possible to be sure they get the necessary computer
passwords and know how Columbus' filing is organized. There was
inconclusive discussion of appropriate actions in the event Article 8 of
the Town Meeting Warrant were to carry as written, and the Board agreed
on the wording of the statement Columbus had agreed to read during
discussion of the article, to wit:  "I have reached an agreement with
the Board of Selectmen that my last day of employment will be the last
day of November, 2007."
Toth MOVED that the Board direct DuPere to prepare a severance agreement
and release of all claims consistent with the previous motion with
regard to John Columbus' employment by the Town of Warwick.  Seconded by
Abbott.With a roll-call vote required, Toth voted "aye," Abbott voted
"aye," and Lemon voted "aye."
DuPere agreed that with time of the essence, he would fax or e-mail a
draft to Board members for amendment or approval at the earliest
possible date, possibly Monday or Tuesday, but certainly before Friday,
and that once it was finalized the Board could either call a Special
Meeting (with 48-hours' notice) or go into executive session with him
and Columbus at the regularly scheduled meeting on Monday, May 21 to
sign the final agreement.
Lemon MOVED that the Executive Session adjourn.  Toth seconded.  After
receiving advice from DuPere that it was necessary to go back into open
session long enough to adjourn that, the necessary roll-call vote was
taken: Toth "aye," Abbott "aye," and Lemon "aye."
At 5:20, Lemon called open meeting to order, whereupon Toth immediately
MOVED that open meeting be adjourned.  Lemon seconded.  Unanimously
approved. Minutes taken by Lemon for review by Abbott, Toth, and DuPere.