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[9:20]
All right, it's 7 o'clock, so we'll call
[9:22]
the meeting to order. Um, so first we'll
[9:25]
start with the pledge of allegiance.
[9:26]
Thank you, Ken, for rescuing the flag.
[9:33]
To the flag of the United States of
[9:35]
America and to the republic for it
[9:38]
stands one nation underyice
[9:43]
for all.
[9:47]
» Thank you everyone. Uh so we have no one
[9:50]
here for public comment so we'll just
[9:51]
move on. Um one thing I was going to
[9:54]
just say to the board is um we do have a
[9:56]
pretty packed agenda today. Um, so just
[9:58]
sort of in the spirit of trying to keep
[10:00]
things moving along and making sure
[10:01]
everyone has a chance to speak. Just a
[10:03]
reminder to um try to run all questions
[10:05]
through me first. Um, we'll try to keep
[10:08]
this as efficient as possible. Um, so
[10:11]
the first item uh was supposed to be a
[10:13]
presentation by Cornerstone Financial um
[10:16]
on the trust and the investments and the
[10:18]
strategy. Um, so unfortunately they were
[10:20]
not able to present tonight. Um I had a
[10:22]
conversation with um uh Greg Miner
[10:26]
earlier in the week and Cornerstone on
[10:28]
their end made some changes to their
[10:30]
compliance standards and because of
[10:32]
those changes because this meeting is
[10:34]
televised this is now considered a
[10:37]
advertisement um which means that his
[10:39]
presentation would need to get reviewed
[10:40]
by their compliance team which takes two
[10:42]
weeks and he just found this out earlier
[10:45]
in the week. So nonetheless the last
[10:46]
they won't be able to present tonight.
[10:48]
Um given that it has been a while since
[10:51]
they presented I think one of the um
[10:53]
options we discussed if people are okay
[10:55]
with this would be to have cornerstone
[10:58]
present at some point in July or August
[10:59]
when we're not meeting present to the
[11:01]
investment committee of the board so we
[11:03]
can sort of get an update on the fund
[11:05]
talk about investment strategy things
[11:06]
like that and then we can report back to
[11:08]
the full board for a discussion in
[11:10]
September. Um, do you folks I don't know
[11:12]
if we have to vote on that, but just
[11:14]
wanted to see if folks feel okay with
[11:15]
that course of action.
[11:19]
» Okay.
[11:20]
>> Would it be okay if I just attended only
[11:23]
because I have no clue about it?
[11:25]
>> So,
[11:26]
>> or does that throw off the quorum idea
[11:27]
or the
[11:28]
>> I think we'd have to check. Um, so let
[11:31]
>> just let me know. Otherwise, that's
[11:32]
fine.
[11:33]
>> Yeah. I mean, and we could one option
[11:34]
too would be to have a meeting over the
[11:37]
summer then have them come back in
[11:39]
September. I think Greg's perspective
[11:41]
was he just didn't want to wait until
[11:43]
September um just because it has been
[11:46]
like I haven't heard a presentation
[11:47]
since I've been on the board. So that
[11:49]
could be an option too is that we have
[11:51]
the meeting and then we can have a more
[11:53]
focused presentation for September. So
[11:54]
maybe that's the best course. Donna,
[11:56]
>> but one thing I can add to that because
[11:58]
I think what we wanted to do after his
[12:00]
presentation was see about reinvesting
[12:02]
our money or going with their
[12:04]
recommendation.
[12:05]
>> We won't be able to vote on it until
[12:07]
September anyways, right? So maybe it
[12:09]
wouldn't matter if you waited till
[12:10]
September because you'd have the
[12:12]
information, but we couldn't vote until
[12:14]
we had a meeting.
[12:15]
>> That's true.
[12:16]
>> Just throwing that back out.
[12:17]
>> Yeah,
[12:18]
>> I'm okay with whatever we choose to do,
[12:20]
but it really doesn't matter if he comes
[12:22]
now or comes in September.
[12:23]
>> Okay. Um I can I can speak to Greg again
[12:26]
and just sort of get his thoughts on
[12:27]
what he thinks might be most effective
[12:29]
as well.
[12:30]
>> Any other thoughts on that topic?
[12:32]
>> Sure.
[12:33]
>> So I'm sorry. What he's saying that
[12:35]
because we public now because it's
[12:38]
televised.
[12:40]
>> Yeah. So from from their perspective, it
[12:43]
could be viewed as advertising
[12:44]
cornerstone financial services. So and
[12:47]
because they're a regulated industry,
[12:49]
anything that's an advertisement needs
[12:50]
to be approved to make sure the
[12:52]
messaging is correct. So, um, what he
[12:54]
basically said was, um, but what would
[12:58]
be ideal for him is if we could provide
[13:00]
him a list of questions two weeks before
[13:04]
the full presentation, which would be in
[13:06]
September, and then he would prepare
[13:08]
answers based on that and could get that
[13:10]
reviewed by the compliance team, which I
[13:13]
told him that would be fine.
[13:16]
>> Okay.
[13:20]
» Questions in advance, maybe it makes
[13:21]
sense to have that meeting July.
[13:25]
>> That's what I was thinking.
[13:31]
Have an
[13:33]
initial conversation to sort of
[13:36]
keep the scope narrow and focused and
[13:38]
then we could put a call out to the rest
[13:39]
of the board for additional questions.
[13:41]
>> Yeah.
[13:42]
>> That way that way we're making the best
[13:44]
use of his time in that September
[13:45]
meeting.
[13:46]
>> Yeah.
[13:46]
>> So,
[13:47]
>> yeah. I mean, if I'm correct, you can
[13:51]
communicate outward to the board your
[13:53]
takeaways from a meeting like that as
[13:56]
long as we don't have a back and forth
[13:57]
discussion. You can like share with the
[13:59]
greater board kind of what the overall
[14:02]
recommendation would be so that we can
[14:03]
be efficient in our conversation about
[14:05]
it at the next meeting.
[14:07]
>> Okay. and Ellen. Um, if you wanted to
[14:10]
get monthly statements, you you can we
[14:13]
can set we can uh that there's um a
[14:16]
contact that we can have and you can get
[14:18]
updates of every month of what
[14:21]
>> I don't think I need.
[14:22]
>> Okay, I DON'T NEED ALL THAT. I JUST WANT
[14:24]
to know over like just because I'm new.
[14:26]
But thank you.
[14:29]
>> But you don't want more emails.
[14:30]
>> I don't need more. I just want a good
[14:32]
feeling for an idea of what what it all
[14:35]
is. Yeah.
[14:36]
>> Okay. Well, I will. Any other thoughts,
[14:38]
Mike?
[14:42]
Okay. Um, so yeah, so I I'll connect
[14:45]
with Greg and then I'll connect with all
[14:47]
of you and share the next steps. Um, so
[14:51]
we'll move on to vote to approve the
[14:52]
minutes of the May 2020 20 May 20, 2026
[14:56]
meeting, which thank you to Julian. I
[14:58]
know there were some updates that were
[14:59]
sent out. So did everyone have a chance
[15:01]
to review those updates? And I did did
[15:03]
include the new minutes separately in
[15:06]
your folders and everybody's folders so
[15:08]
that there was no confusion of which
[15:10]
minutes in case you printed out the old
[15:12]
packet yourself.
[15:14]
>> Um, so can we have a motion to approve
[15:16]
the minutes from May 20th?
[15:19]
>> So moved.
[15:20]
>> Second. Okay.
[15:21]
>> Would have been in this.
[15:23]
>> All those in favor of approving the
[15:24]
minutes from May 20th.
[15:26]
>> I I opposed.
[15:29]
Okay.
[15:31]
>> Nice and easy.
[15:33]
I'll just remind people to make sure
[15:34]
you're speaking into your microphones.
[15:37]
>> Thank you.
[15:38]
>> Um so now we'll move on to the trustes
[15:40]
reports. Um from my position the chair
[15:42]
was really just that update around um
[15:45]
cornerstone financial. Um so we move on
[15:47]
to the treasures report.
[15:49]
>> Sure. U so I have reached out to I have
[15:52]
reached out to Greg. Um so he has my
[15:55]
information. So, I think that process is
[15:57]
moving forward. In terms of just the
[15:59]
transition uh as treasurer, I will reach
[16:03]
out with Jenny who is um the accountant.
[16:07]
I'm scheduled to meet up with her next
[16:09]
week. So, we'll see. Hopefully, that'll
[16:12]
be fine. And then I do have the the data
[16:14]
that I sent you already, Julie. I'll
[16:16]
just read it out loud. It's
[16:18]
>> beginning balance of 73734,845.
[16:25]
15
[16:26]
zero on deposits. Income of $9932
[16:33]
withdrawal of 15,000
[16:36]
expenses zero change in value 23,230
[16:42]
237.44
[16:44]
ending balance of 744,076.2.
[16:52]
And can I get a motion to approve the
[16:54]
treasur's report?
[16:55]
>> So moved.
[16:56]
>> I have a second.
[16:57]
>> Second.
[16:59]
>> Any discussion?
[17:01]
>> All right. All those in favor of
[17:02]
approving the treasures report.
[17:06]
>> Any opposed?
[17:07]
>> All right. Making this easy so far.
[17:10]
Great job. Thanks. Yeah.
[17:12]
>> Zipping through.
[17:13]
>> Um, okay. Friends of the library update.
[17:16]
>> Um, so they did not have a meeting uh
[17:19]
this month because of the book sale.
[17:22]
basically, which is happening right now.
[17:23]
So, if you haven't been to the book
[17:24]
sale, you still have tomorrow's
[17:27]
Thursday, Thursday, Friday, and Saturday
[17:29]
until 2 PM to uh go by the book sale. Uh
[17:32]
they had an opening night last night,
[17:34]
preview night, um that I checked in on,
[17:36]
and they had um like a good number of
[17:38]
people, a lot of book sellers will show
[17:39]
up to that first one and like grab boxes
[17:42]
of books. Um but they said this morning
[17:44]
was even busier than it was last night.
[17:47]
So, um so they feel like they're they're
[17:49]
doing really well. So that's uh that's
[17:51]
great. Um and you know a little tech
[17:55]
glitch glitch here or there but
[17:56]
otherwise uh that's all that's all I
[17:58]
have for right now um because they have
[18:00]
not otherwise met. So
[18:03]
>> excellent.
[18:04]
>> Nice and easy.
[18:06]
>> Um
[18:06]
>> I will I will say I was just there
[18:09]
before this meeting. They do have a lot
[18:10]
of Elvis books. So if you like Elvis for
[18:12]
some reason they have a lot of Elvis
[18:14]
books.
[18:16]
>> Interesting.
[18:17]
>> Did you purchase any?
[18:18]
>> I did not.
[18:19]
I know.
[18:20]
>> Yeah. Somebody somebody's uh it was
[18:22]
either their father or grandfather or
[18:24]
something had this giant collection and
[18:25]
they donated the whole whole collection
[18:27]
of Elvis items, books and all sorts of
[18:30]
things. So they're like, "Do you want
[18:32]
Elvis things?" No,
[18:35]
>> nothing against the gentleman who does
[18:37]
the Elvis um impersonation at the Falcon
[18:40]
Fest event. He's always there and he's
[18:43]
very good.
[18:44]
>> I know.
[18:44]
>> Very good. Well, um
[18:46]
>> I'll see if I
[18:47]
>> That's right. Yeah.
[18:48]
>> reach out to someone at Falcon
[18:49]
>> if anybody Yeah. before before Saturday.
[18:51]
Um what they do at the end of the sale
[18:54]
is um they contract with they there's
[18:58]
like various companies that are willing
[19:00]
to pick up books because they're free to
[19:02]
them and then they do whatever they do
[19:03]
with them. So I think it's I want to say
[19:06]
it's called Bayate Books, but I could be
[19:07]
wrong. Um but they'll be coming like
[19:09]
right at two o'clock on Saturday and
[19:11]
we'll scoop up everything that's left
[19:12]
over. So, so the revel impersonator
[19:16]
wants to know anything before then, let
[19:18]
me know and uh I'll I'll make sure they
[19:21]
save the Elvis books for him. Maybe he'd
[19:23]
want them. Maybe he's like, "Please
[19:25]
know.
[19:27]
Maybe already has plenty of them."
[19:29]
>> So, we'll keep it rolling with Noel into
[19:31]
the director's report.
[19:32]
>> Uh indeed,
[19:33]
>> which we all should have received or you
[19:34]
all should have received.
[19:35]
>> Should be should be in your packet. Um,
[19:38]
and I'll I'll keep things brief, but
[19:40]
I'll first just ask if anybody has any
[19:43]
comments or questions about what I wrote
[19:45]
in my report, and then I just have a few
[19:46]
extra notes.
[19:46]
>> Yeah.
[19:47]
>> Go Julie.
[19:48]
Um, I was very interested to
[19:53]
um read about the archives won an uh
[19:56]
auction.
[19:57]
>> Yes.
[19:58]
>> And um, you know, it it's amazing. It
[20:01]
sounds amazing.
[20:03]
>> Uh, yeah. Yeah. I mean, I've not seen
[20:05]
any of these. I think he has them now.
[20:08]
It's a it's a tricky thing with the
[20:09]
auctions because, you know, they want
[20:10]
payment like right away and it's like
[20:12]
kind of very very tense. Um but and I
[20:15]
think the price went up higher than he
[20:17]
wanted it to go uh for it. But um but
[20:20]
yeah, it's a it's I mean we do have um
[20:23]
one of the largest collections I guess
[20:25]
of anything of Samuel Holton. So um it's
[20:29]
a real coup to be able to have you know
[20:32]
add to that collection.
[20:34]
And and the other thing is this um
[20:39]
viewing of the two declaration of
[20:41]
independence.
[20:43]
>> Yes.
[20:44]
>> Yeah. I definitely will be there for
[20:46]
that.
[20:46]
>> Yeah. We originally they were
[20:48]
considering um having it happen with the
[20:51]
annual Fourth of July reading of the
[20:54]
declaration, but we thought that that
[20:56]
would end up being too limiting. Like
[20:57]
there's not that many people who
[20:59]
actually go to that um and not that many
[21:01]
people would see it. So, uh Richard and
[21:02]
I discussed Yeah. moving it to being
[21:05]
like that first. So that's the first
[21:06]
night of the concerts as well. Um and so
[21:09]
I did contact uh the the Danvers Police
[21:12]
Department about getting a detail
[21:14]
officer for that as well. Um since those
[21:17]
are both very valuable documents that we
[21:20]
have. Um not not that many places have
[21:23]
declarations. So um yeah, but that
[21:26]
should be cool. I think that's I think
[21:27]
that's great and I hope a lot of people
[21:29]
go into popping to see it. So
[21:31]
>> are there from the cost perspective is
[21:33]
there like additional costs that like
[21:35]
were not covered in the bud budget or is
[21:37]
there any
[21:38]
>> in regards to the or the
[21:41]
>> for the broad size is the cost just is
[21:43]
it just just for the details
[21:45]
>> yeah it's just for the details yeah like
[21:47]
um yeah and and that's you know I I
[21:50]
don't think there's probably a real
[21:51]
threat but you never know right you
[21:53]
never know where people might yeah
[21:55]
better to be safe so that's yeah that's
[21:56]
the only
[21:57]
>> the only thing
[21:59]
>> um that Yeah. And he's Yeah. hoping to
[22:01]
have like the the alarm company come and
[22:04]
um maybe another person or two,
[22:06]
whatever, to do an honor guard kind of situation.
[22:10]
>> That would be nice.
[22:11]
>> Yeah. Yeah. They did that um for the
[22:12]
archives um for hisif the 50th
[22:15]
anniversary of the archives. Like they
[22:17]
had that honor guard as well.
[22:18]
>> They could have shoot their guns on it.
[22:19]
>> I hope not.
[22:22]
>> Especially since they're inside the
[22:23]
building. So, please don't.
[22:26]
>> How much was how much did uh was spent
[22:28]
at the auction?
[22:31]
It was a lot. It was um I don't have the
[22:33]
exact number in my head. I want to say
[22:35]
it was around $20,000 though. Yeah.
[22:38]
Right. Right around there.
[22:41]
>> Um one number um under the archives
[22:44]
report the second item which I found
[22:46]
rather interesting that the American
[22:49]
Revolution would apply for a grant
[22:51]
>> in order to further preserve the Holton
[22:54]
Homestead. Do we actually have a copy of
[22:57]
the letter that the D are sent to the
[23:01]
historic preservation. I'd like to read
[23:02]
that because that seems as though to me
[23:04]
like a rather important thing for us to zero in on.
[23:07]
>> Um I do not know. I'm sure Richard does.
[23:11]
Like I'm sure he probably has a copy of
[23:13]
whatever they they submitted. I'm sure.
[23:16]
So um we can we can apply to him for
[23:18]
that.
[23:18]
>> Would you would you mind doing
[23:19]
>> Yeah. Yeah. Let me write myself a note.
[23:20]
>> Thank you very much.
[23:22]
>> All right.
[23:23]
>> I'm sorry, Charles. That was a letter
[23:25]
that was
[23:25]
>> Yeah. The Daughters of the American
[23:27]
Revolution applied to the Massachusetts
[23:29]
Historic Association for an emergency
[23:32]
grant to further restore the Holton
[23:35]
Homestead Home here in Danvers. And
[23:37]
Richard wrote a letter in support of
[23:39]
their applications. So, I'm interested
[23:41]
in seeing specifically what the D said
[23:44]
about the condition of the home and
[23:48]
maybe that's something that we as a
[23:50]
group might want to further support in
[23:52]
some way. I I don't know because This is
[23:55]
the first I've actually heard about it.
[23:57]
>> Yeah. I didn't know anything about it
[23:58]
either until he he looped me in on it,
[24:00]
so I was like, "Oh,
[24:02]
you never know." Um, yeah. So, I'll see what there is. I don't know
[24:05]
what there is, but I'll see.
[24:07]
>> Appreciate it.
[24:08]
>> Of course.
[24:10]
>> Any other questions for Noel about the
[24:11]
report?
[24:12]
>> Yes, I do, Mr. Chairman. Uh, on the
[24:14]
everything else about the hate speech
[24:16]
message discovered by the teen room week
[24:19]
of June 1st, you were on vacation, but
[24:22]
you notified Tim McD. Do you know if the
[24:24]
police filed a report or was it just a
[24:26]
call to the police or
[24:27]
>> uh No, they f they came and filed the
[24:29]
report because we I I wanted it to make
[24:31]
sure it was on record.
[24:32]
>> What type of message was it? Can you
[24:33]
elaborate without um causing any issues
[24:37]
on the air?
[24:37]
>> Uh
[24:39]
>> it was not nice.
[24:40]
It was a I hate a
[24:42]
particular
[24:43]
>> Was it a race race or
[24:45]
>> Yes, it was a racial racial slur.
[24:47]
>> Racial and gender and stuff like that.
[24:49]
>> Yes, it was a racial slur.
[24:51]
>> Yes.
[24:53]
And you're receiving multiple posts on
[24:55]
what on the um
[24:56]
>> so we we have on our social media we
[24:58]
have multiple posts especially last last
[25:00]
week that were uh either talking about
[25:02]
the upcoming pride events or uh we have
[25:05]
a pride uh book I have a we have a
[25:08]
display out in the lobby right now and a
[25:10]
book list and everything. So you know
[25:12]
people
[25:13]
make derogatory comments about things.
[25:15]
It's really just a few people. It's like
[25:18]
you see the same people.
[25:19]
>> Well, actually, I have a question
[25:20]
because I think there's a typo in the um
[25:22]
>> Yeah, there is a made mostly by
[25:25]
>> redacted. I was just gonna say by the
[25:28]
same few people was what I meant to say.
[25:30]
Apparently, I stopped typing.
[25:31]
>> There.
[25:32]
>> So, just like a couple of people making
[25:34]
lots of comments.
[25:35]
>> Yes, it was a couple of people making
[25:36]
many.
[25:37]
>> Yes, I received one of those.
[25:38]
>> Yeah. Yeah.
[25:39]
>> Yeah.
[25:40]
>> Really?
[25:41]
>> It could be anybody really false name.
[25:43]
Yeah.
[25:43]
>> Yeah. It was I think it was a um like
[25:46]
Yeah. No, it definitely wasn't a real
[25:48]
name. I said that the Pride Party is my
[25:51]
favorite day in Danverse and I was
[25:54]
called a slur.
[25:55]
>> Yeah.
[25:56]
>> And it took almost a week before
[25:58]
Facebook removed it.
[26:00]
>> Yeah. The because that was on the town
[26:01]
one. Was that on the town's post?
[26:02]
>> It may have been on the town's post or
[26:04]
the library's post. I don't remember.
[26:05]
>> Forget which one. But yeah.
[26:06]
>> Yeah. Yeah. People are swell sometimes.
[26:11]
But I thought it was, you know, I'm glad
[26:13]
it was noted here that the library does
[26:15]
not respond,
[26:18]
etc. So, just if people were wondering
[26:21]
why, you know, there was any sort of
[26:23]
That's because that's why,
[26:24]
>> right? Yeah, that's part of the overall
[26:26]
time policy as well as to not respond to
[26:28]
the comments. Um, and I I do have some
[26:31]
staff who, you know, were kind of like,
[26:33]
is there a way for us to respond? And
[26:34]
I'm like, that just gives them more
[26:36]
fire, right? Fuel to the fire.
[26:39]
I would just like to say continuing to
[26:41]
have what you have is enough response.
[26:43]
>> Yeah. Right.
[26:44]
>> That's Yeah.
[26:45]
>> Yes. Yes. Yes. It's like you don't have
[26:48]
to like it. It's okay. Don't come.
[26:50]
That's fine.
[26:51]
>> Don't show up. That is your right.
[26:52]
>> That is your right. It's fine. That's
[26:54]
fine. Library is for all the people.
[26:57]
Whichever way they feel.
[26:59]
>> Uh any any other comments about the
[27:01]
report? And then I just have a couple
[27:02]
things. Nothing. All right. Um, so the
[27:06]
just the other couple things I'll just
[27:08]
mention. So I know we talked briefly
[27:10]
about um the threat to the Marblehead
[27:13]
Library that they were looking at
[27:14]
getting slashed in half, but they did
[27:16]
fully pass their top tier of their
[27:17]
override. So they will be fully funded
[27:20]
again. So yay. Um, so that was good. We
[27:22]
don't have to vote to say we're not
[27:24]
going to serve my head. Uh, so that's really wonderful. Um, and then
[27:31]
oh my gosh,
[27:32]
>> that's the great news. Yeah, it's it's
[27:34]
really it's really really really really
[27:36]
good news. Um, and we did have and I
[27:38]
know I put my report already that we
[27:39]
were having um Shannon Phelin who did
[27:43]
get uh our position of assistant head of
[27:46]
reference and she did get to start
[27:47]
yesterday all her paperwork went
[27:49]
through. So, yay. That's wonderful, too.
[27:51]
We're very happy to have her on board
[27:53]
full-time. She's quite lovely um as a as
[27:57]
a worker. And I was like, what was the
[27:59]
other thing I was going to say? I think
[28:01]
I said all my things already. Oh, wait.
[28:02]
Oh, the other thing I said was uh so
[28:04]
today I actually met this afternoon with
[28:06]
um Heather Bachmann from the
[28:08]
Massachusetts Board of Library
[28:09]
Commissioners uh to talk about the
[28:11]
process of applying for the state
[28:15]
construction grants if we want to move
[28:17]
forward with renovation of the library.
[28:19]
Um so that was really I showed her the
[28:21]
building and that was very informative.
[28:23]
So she kind of gave me what the process
[28:25]
looks like. Um it is a very long
[28:29]
process. Um they do walk you through
[28:31]
every single step of the way and as she
[28:33]
was saying, there's really nothing to do
[28:35]
right now. Uh they because they they
[28:37]
only do the grant rounds every so often.
[28:40]
So they're looking to do another grant
[28:42]
round um to be begin applying for
[28:44]
another grant round, probably in FY27,
[28:48]
maybe FY28. So it's another year, year
[28:50]
and a half out before you can apply.
[28:53]
and she's like, "They don't want you to
[28:55]
do basically any pre-work until you
[28:58]
actually do the they have like a list of
[29:00]
things you need to do and they want you
[29:01]
to do it as up to date, you know, as
[29:03]
possible." Um, so,
[29:06]
uh, and if we don't apply this round, so
[29:09]
even if we apply, it's it's about a
[29:10]
six-year process, like if we get they approve our application,
[29:14]
everything, it's like a six-year process
[29:16]
before you're talking about having a
[29:17]
building at least. Um, and there's a lot
[29:20]
of steps in between there. So, uh, if we
[29:23]
don't apply in the next upcoming grant
[29:25]
round, then it'll probably be about five
[29:27]
years before we can apply again. So,
[29:29]
>> so 11 years to
[29:31]
>> So, yeah. Yeah. Well, so yeah. Well, so
[29:33]
if we
[29:34]
>> Yeah. So, yeah. So, it would be about
[29:36]
seven years from now that we could apply
[29:40]
for if we didn't if we don't try to
[29:42]
apply for this grant round,
[29:43]
>> then it'd be like seven years before we
[29:45]
can apply.
[29:46]
>> And then it's a six-year process.
[29:47]
Yeah.
[29:49]
>> And this would be for renovation. This
[29:50]
would be for renovation. Um the uh thing
[29:53]
that she did mention was that they do
[29:55]
ask for you to have two sites. So she
[29:59]
like you can have your site but they do
[30:01]
want you to have a backup site whether
[30:03]
that's another building or whether
[30:05]
that's a plot of land
[30:08]
>> um just in case you know one thing
[30:11]
doesn't become feasible. So you have
[30:13]
that's a whole another thing to figure
[30:14]
out. So like I don't know. Um
[30:18]
>> um are there costs associated like with
[30:20]
just the application?
[30:21]
>> Just the application itself? No. But uh
[30:24]
but there there's there's a lot of
[30:26]
pieces and like one of the one of the
[30:27]
costs that would end up coming through
[30:29]
it um would be that you do have to get a
[30:32]
study done of the building and just like
[30:35]
basically the condition it's a
[30:37]
conditions
[30:38]
>> um survey basically so that so you would
[30:41]
pay like end up paying for that thing.
[30:42]
So, you know, once you're doing the
[30:44]
application, there are things that will
[30:45]
incur costs getting there. And then, you
[30:47]
know, as she was telling me, like
[30:49]
there's a lot of towns who have done
[30:51]
this process, you know, and gone through
[30:53]
and they're, you know, they gotten the
[30:56]
grant, but then the towns have voted
[30:59]
down,
[31:00]
>> you know,
[31:01]
funding it. So, so they kind of like end
[31:03]
up in a they're still there and like
[31:05]
kind of in a queue, but because it's
[31:07]
voted down like they will move up other
[31:08]
people on the wait list. Do you know
[31:10]
like roughly roughly what percent of the
[31:12]
cost the grant covers? I'm very curious.
[31:15]
>> It's it's so it's variable um is what
[31:17]
she was explaining to me. So it depends
[31:18]
uh you get um graded on a list depending
[31:22]
on your town. So what your like the
[31:25]
population of your town is like the
[31:26]
needs of your town. So like a
[31:28]
Springfield is going to do you know is
[31:31]
going to get more granted to them than
[31:33]
Welssley is going to get granted to
[31:34]
them. Right. So I mean so I don't know
[31:36]
where we would fall on that list. um in
[31:38]
the middle.
[31:39]
>> Yeah, probably I was gonna say probably
[31:40]
in the middle like we'd probably be in
[31:41]
the middle. Um yeah, so it's so it's
[31:43]
really dependent on like a bunch of
[31:45]
factors.
[31:46]
>> So So
[31:47]
>> I think um there's a green initiative
[31:50]
going on right now. I forget what it's
[31:52]
called. They had a a thing with the
[31:54]
planning
[31:55]
>> resilient damage.
[31:55]
Thank you. That's what
[31:57]
it's called. So, they're talking about
[31:59]
changing um you know, if you green build
[32:01]
and it's specific to town buildings and
[32:04]
they're to talking about whether or not
[32:05]
they're going to pass that and it has
[32:07]
grants involved as well and maybe we
[32:10]
should just make sure we're paying
[32:11]
attention to both
[32:12]
>> right
[32:12]
>> as we go along.
[32:14]
>> Yeah. Say like this is right now we're
[32:15]
just in a it's like we're just basically
[32:17]
in a waiting phase. Um but I just want
[32:19]
to make sure it's on our minds
[32:21]
>> um as something that we'll you know be
[32:23]
looking at hopefully pursuing. Um, and
[32:25]
I'll have some, you know, more
[32:26]
conversations with the town manager, um,
[32:29]
to discuss, you know, what we think
[32:32]
about it and like I, you know, who
[32:34]
knows? Who knows?
[32:35]
>> Do we have a sense for like ballpark
[32:39]
costs for like what that study would
[32:40]
look like? I assume we need to have
[32:42]
that. That all needs to be determined.
[32:43]
>> That's all that's all stuff I know
[32:44]
nothing about, right? At this point in
[32:46]
time, I really don't know anything. I I
[32:48]
mean, I did talk when I talked to uh
[32:50]
architects about it originally, I think
[32:51]
they they cited me something like a
[32:53]
$30,000 to do um like a conditions or
[32:56]
feasibility study, but I don't know if
[32:59]
that's true or just a number they made
[33:01]
up.
[33:03]
So
[33:05]
>> yeah, I'd like to just suggest that um
[33:07]
you know in light of the fact for almost
[33:10]
as long as I can remember being being on
[33:12]
the library board, we've had discussions
[33:15]
about the archival collection that the
[33:19]
Danver Historical Society, the library
[33:22]
and others in Dan's
[33:25]
um I mentioned the historical society um
[33:28]
there's um just such a wealth of
[33:32]
there is
[33:33]
>> resides in Bambber that really doesn't
[33:35]
have a home. It does not have a display
[33:38]
facility. It doesn't have a product
[33:41]
staff to develop articulation agreements
[33:44]
with schools and other aid organizations
[33:46]
in Andrews. So it seems though to me
[33:49]
that especially in the 250th anniversary
[33:52]
of the the nation that this might be an
[33:56]
appropriate time to really think about
[33:58]
whether or not
[34:00]
a real investment in um the archival
[34:04]
center here in Damas. This is a such a
[34:07]
rich historical community. So many
[34:10]
things that have their historical roots
[34:13]
here in Damas and so many people we just
[34:15]
talked about the Holton House just a few
[34:16]
minutes ago. Um so um I'd like to just
[34:20]
recommend that we very seriously take a
[34:22]
look at whether or not an application
[34:24]
centered around the archival collection
[34:27]
which we spent hundreds of thousands of
[34:29]
dollars on And you cannot even put a
[34:33]
dollar figure on the knowledge that Mr.
[34:35]
Tra has. You couldn't put a a department
[34:38]
at a college or university that would
[34:40]
have better information or greater
[34:43]
insight than he has relative to the
[34:45]
historic significance of what we're
[34:47]
doing. So this may be a chance to pull
[34:49]
all of this together and all of the
[34:51]
concerns that we've been discussing over
[34:54]
the literally over the decades about
[34:56]
this. This could be an opportunity to
[34:58]
really seize the moment and do something
[35:00]
significant for the generation that will
[35:03]
be following all of us sitting here
[35:06]
relative to preservation of the rich
[35:08]
historical history of the town of
[35:10]
Jambers and the people who live here and
[35:12]
the sacrifices they've made for this
[35:14]
democracy.
[35:16]
>> Yeah, and I well said and I'll I'll say
[35:18]
that um you know I I agree with you and
[35:22]
I think that you know part you know the
[35:24]
library itself is on the national
[35:26]
historic register and um there's that's
[35:30]
going to be something that's going to
[35:32]
have to be considered you know very
[35:33]
strongly when we are moving forward with
[35:36]
this process because you know a lot of
[35:40]
it is thinking about you know what what
[35:42]
do what needs do we have you know for
[35:44]
the for the library and what and that's
[35:46]
going to include like what what's that
[35:48]
what does that archives need you know so
[35:51]
um
[35:52]
>> this would be a great fundraising
[35:53]
opportunity for
[35:56]
I think if we were to get the historical
[35:58]
society and other concerned citizens and
[36:01]
others and danders behind this that we
[36:04]
could make a strong and compelling case.
[36:07]
I think that the people of Danver myself
[36:09]
included would be happy to support an
[36:12]
effort like this right now for us to
[36:14]
sort of take hold of this and make this
[36:17]
something that we all all of us that are
[36:19]
sitting here on this board will go on in
[36:21]
history. names will be
[36:24]
in history for doing this. This is our
[36:27]
chance to seize the moment and actually
[36:30]
do something that would change the whole
[36:33]
dynamic of what's been going on in
[36:35]
dances for the last 50 years.
[36:37]
>> Yeah. Well, we're not quite there yet,
[36:40]
but but fundraising will be a big big
[36:42]
piece of it. So, yeah. Yeah.
[36:46]
>> Mr. Chairman, I have one more question
[36:48]
about the uh about the uh viewing
[36:51]
>> uh Declaration of Independence uh in the archives the afternoon.
[36:58]
I'm looking at it and it uh having
[37:00]
somewhat uh 42 years law enforcement
[37:03]
experience
[37:05]
and knowing what the the criminal
[37:07]
element is out there and then I see that
[37:10]
the alarmist company and others may help
[37:13]
with the viewing. Is that a a damis
[37:16]
police officer on detail?
[37:17]
>> Yes. So, yes, detail officer.
[37:19]
>> Great idea, I think.
[37:19]
>> Yep. Detail officer for sure.
[37:21]
>> Um and then yeah, the Richard's working
[37:24]
on um yeah, I'm already in touch with
[37:26]
I've already talked to the chief about
[37:28]
the detail. I've already done that.
[37:30]
>> Um so, he's we're on the we're on the
[37:32]
list. We're on the list the detail list
[37:34]
already. And um then, uh yeah, and
[37:37]
Richard's working on having you know,
[37:39]
historical society alarm company folks
[37:42]
to be there. What what what's it going
[37:43]
to be in like a a case or
[37:45]
>> Yeah. So uh so yeah, there's a we have
[37:48]
like a case
[37:48]
>> is it can you carry it?
[37:51]
>> No, you know it's a standing case. It's
[37:53]
like about
[37:54]
>> I know in the state house in the
[37:56]
archives they have
[37:57]
>> you know you're not going to carry those
[37:59]
with 10 people.
[37:59]
>> Yeah. No, I mean
[38:00]
>> and you can look and write then see it.
[38:01]
But
[38:02]
>> Yeah. Yeah. So yeah. So it's like a it's
[38:03]
a you know it's like a wooden podium
[38:06]
kind of thing with a cover like a glass
[38:09]
cover over it. So like the documents
[38:11]
will be inside, you know, under that
[38:13]
>> not easily carried away.
[38:14]
>> Yeah. No, no, yeah. No, you you would I
[38:16]
mean you would have to knock a few
[38:17]
people over and then take the glass off
[38:19]
and then take the documents and then you
[38:21]
know how you even going to fence them,
[38:22]
you know. I don't know. So I don't know.
[38:26]
But I mean I think I think we'll be you
[38:28]
know in a good good and like you know
[38:30]
and Richard you feels very strongly
[38:31]
about being there present um you know
[38:34]
while this is all happening and
[38:36]
everything too. So, so they'll it'll be
[38:39]
under eyes all the time.
[38:41]
>> So, I know we talked um before that Is
[38:44]
this working? Yeah.
[38:46]
>> Um that there is like a a trail of these
[38:49]
documents around Boston that like
[38:52]
libraries and I know that we're not
[38:53]
doing it on the 4th, but
[38:56]
>> is that sort of a an opportunity that we
[38:59]
could not advertise, but like
[39:02]
>> let people know that we have this
[39:03]
document to to show them so that we can
[39:07]
get the best turnout and then have them
[39:09]
all go to the concert after.
[39:10]
>> Yeah. Let me let me see. Yeah. Like uh I
[39:13]
don't even know how to get on that list.
[39:14]
So, I'll see. Okay. Yeah, I don't
[39:17]
either, but just
[39:18]
>> I know there is a list. You're right.
[39:19]
There is like a list. Sorry, didn't mean
[39:22]
to put that on you.
[39:23]
>> Thanks. No, just kidding.
[39:26]
>> Yeah, I'll check into that. Okay, I'll
[39:28]
check into that.
[39:31]
What is that?
[39:33]
>> So there I know there uh Jessica had
[39:35]
brought up before um there's kind of
[39:38]
like a website or a list somewhere of
[39:40]
like other um municipalities that have a
[39:42]
copy of like the declaration. So she was
[39:45]
just saying like can we get on that sort
[39:47]
of like a trail is
[39:48]
>> right. Yeah. So like on it it's for the
[39:50]
two 250th anniversary. They're all sort
[39:53]
of laying them out and that they're on a
[39:55]
map and people can go to each one
[39:57]
>> if they want to. they want to, but I
[39:59]
know we're not doing it on the actual
[40:00]
fourth, but just to
[40:01]
>> Yeah. And I don't know how many are
[40:02]
doing it on the fourth, but
[40:04]
>> Okay.
[40:04]
>> I don't I don't even know either.
[40:05]
There's I think that's been under
[40:06]
discussion of like when people are doing
[40:08]
it. And one of our copies, as I say, is special because it has uh the printer
[40:13]
decided to put like George Washington's
[40:16]
head on it.
[40:19]
>> And I knew General Gage. It's General
[40:22]
Gage. He didn't. So like no one knew
[40:24]
what they looked like.
[40:25]
>> He didn't know what they looked like.
[40:25]
Yeah. So they just made up what they
[40:27]
looked like. But it's General Gage and
[40:29]
George Washington's little heads are on
[40:31]
there. Though apparently it doesn't look
[40:33]
anything like them.
[40:34]
>> No.
[40:35]
>> But but that that's that's Yeah. So
[40:38]
that's one of ours is is special that
[40:39]
way.
[40:41]
>> Anything else for the director's report?
[40:46]
Okay. All right. So we'll move on to uh
[40:48]
we have Kate Connley, town council here
[40:50]
to talk answer questions about
[40:51]
indemnification insurance.
[40:53]
>> So you have your own mic over there,
[40:54]
Kate.
[40:59]
and it appears to be on. Good evening
[41:01]
everybody. I'm Kate Connelly with Murphy
[41:03]
Hessie Tumi and Laane Town Council.
[41:06]
>> Um we I can't hear you so I don't know
[41:09]
if anybody else
[41:09]
>> Does the green light mean it's on?
[41:11]
>> Much closer to it.
[41:12]
>> Okay.
[41:16]
» There you go.
[41:16]
>> All right. I'll try to speak loudly.
[41:21]
» All right. So, I'm here to address an
[41:24]
issue that this board raised with
[41:26]
respect to indemnification. And my
[41:29]
understanding is this came up because
[41:32]
the retirement board brought it to the
[41:33]
attention of the town that they thought
[41:36]
a town meeting article needed to be put
[41:38]
on the warrant for um approval so that
[41:41]
the retirement board would be
[41:44]
indemnified should anything happen in
[41:46]
the course of the member's duties um
[41:48]
conducting their various duties so that
[41:50]
they would not be personally held liable
[41:51]
and they'd be protected by the town. And
[41:54]
it turns out they've already accepted
[41:56]
the statute that they needed to accept.
[41:58]
And looking at my notes here, chap
[42:00]
general law chapter 32, section 2A
[42:03]
relates to indemnification and legal
[42:05]
protection of public retirement boards
[42:07]
and board members in conducting their
[42:09]
functions. The statute dictates whether
[42:12]
a retirement board member is shielded
[42:13]
from personal financial loss in the
[42:15]
event of a civil lawsuit related just to
[42:18]
their official duties. The statute only
[42:21]
protects retirement boards, however, so
[42:22]
it has no application to the library
[42:25]
trustees. Um, so whether the library
[42:28]
trustees would be indemnified under the
[42:31]
town's what you'd look to that next is
[42:33]
insurance. So under the town's general
[42:35]
liability policy depends on whether it
[42:38]
is under the umbrella of the town. And
[42:40]
if that is the case, and I touched on
[42:42]
this a little bit at this the training
[42:44]
that I did, but I think a couple I see a
[42:47]
couple familiar faces, but I don't think
[42:48]
everybody was there. But I did a
[42:49]
training for town boards and commissions
[42:51]
at the request of the town manager on
[42:54]
things like open meeting law, conflict
[42:57]
of interest, public records, and
[42:59]
conducting effective meetings and all of
[43:01]
the requirements that go into that. And
[43:03]
one of the things that did come up, I
[43:05]
think, in questions and answers was um
[43:07]
about indemnification. And I said that
[43:09]
if a municipal board or any town
[43:12]
official is acting in the course of its
[43:15]
employment, there is something called
[43:16]
the Massachusetts Tort Claims Act, which
[43:18]
is general law chapter 258. And under
[43:21]
that there is the what's called the
[43:23]
discretionary function exemption. And
[43:25]
that means if you're doing a
[43:26]
discretionary job, say you're the
[43:28]
building commissioner and you're
[43:29]
determining whether to issue a building
[43:31]
permit based on the Is this is this
[43:34]
feedback?
[43:35]
>> No,
[43:37]
it's just in my ears. Um, if you make a
[43:40]
mistake and somebody brings a lawsuit
[43:41]
against you in that capacity, if you
[43:44]
didn't do something willfully reckless,
[43:46]
uh, just just a negligent thing, you
[43:48]
would be protected by the Tor claims act
[43:51]
by the discretionary function exemption
[43:53]
section 13, it has to be adopted by the
[43:55]
town for it to apply. Um, looking
[43:57]
further into that, even if the town owns
[44:00]
the library, which it does, and the
[44:02]
board's duties are then set forth,
[44:04]
there's another statute, chapter 78,
[44:06]
that governs what the board does in the
[44:09]
course of business. What this board does
[44:11]
is it manages the trust, uh, which is
[44:13]
not town property, and thus it's not
[44:16]
protected by the town's insurance
[44:17]
policy. So, the town would not be
[44:20]
responsible for a separate entity
[44:22]
managing a separate entity's money fund.
[44:25]
So, you would not, this board would not
[44:27]
be protected under the Massachusetts
[44:28]
Tort Claims Act. And there is case law.
[44:31]
I didn't um and I'm happy to give you
[44:33]
this paper that I'm reading from. It's
[44:34]
just a one page that I sort of put
[44:36]
together um to cite the relevant
[44:38]
statutes. But there is case law that
[44:40]
says that if the main function of a
[44:43]
board is managing a trust fund, which is
[44:45]
what this board does, but you also um
[44:48]
appoint the library director.
[44:51]
Um anyway, this board also appoints the
[44:53]
library director, but it's the library
[44:55]
director who's responsible for the
[44:56]
day-to-day administration of the
[44:58]
library, including supervision,
[45:00]
direction, and evaluation of library
[45:02]
staff and for implementing policies
[45:04]
established by the board. So there's a
[45:06]
couple of cases that examine and it they
[45:08]
come out differently depending on what
[45:10]
the library board or the library
[45:11]
trustees do. But when it's a trustee
[45:14]
issue where they the main function is to
[45:18]
manage the trust funds and especially
[45:20]
where they are not town funds those
[45:24]
trustees or those boards are not
[45:26]
protected under the TOR claims act. And
[45:28]
there's there's plenty of case law on
[45:29]
that. didn't cite any in this memo, but
[45:31]
I have I have a longer one that I sort
[45:33]
of just wrote for my own notes in which
[45:35]
I do cite those. So, um that's the short
[45:39]
answer to that. There's no need to adopt
[45:41]
a statute because there isn't one that
[45:42]
applies. Um it would be the tort claims
[45:45]
act, but um based on the facts and the case law that interprets those facts
[45:50]
and whether the tort claims act applies,
[45:53]
it would not apply to this board. So, um
[45:57]
are there questions on that?
[45:59]
>> Yeah. or Okay,
[46:00]
>> I I respectfully disagree with you
[46:03]
saying that the only thing that we
[46:05]
really are in charge of is trust funds.
[46:09]
I I I respectfully disagree with that.
[46:13]
>> Okay. Well, the courts have decided
[46:16]
those facts and found that if the main
[46:18]
responsibility
[46:19]
>> you said it.
[46:20]
>> Yeah. I'm telling you what the courts
[46:21]
how courts have interpreted the
[46:23]
Massachusetts Tor claims act.
[46:25]
>> The court know what we do and what we
[46:26]
don't do. So the courts have interpreted
[46:29]
similar cases in which trustees have
[46:32]
been sued in other towns and the facts
[46:35]
in the cases where the court said no,
[46:37]
they are not protected were very similar
[46:39]
to this board.
[46:42]
>> Do you even know what this board does?
[46:45]
>> I'm not here to argue with you. I'm just
[46:47]
here to tell you.
[46:48]
>> Am I asking you a question?
[46:49]
>> I I just told you what my understanding
[46:50]
of what this board does is. Let me read
[46:52]
it again.
[46:55]
While the board hires, evaluates, and
[46:57]
where appropriate may recommend
[46:58]
discipline or termination of the library
[47:00]
director subject to applicable law and
[47:03]
any employment agreement, that is the
[47:05]
board's only other responsibility
[47:07]
besides managing the trust. It is the
[47:10]
library director who is responsible for
[47:11]
the day-to-day administration of the
[47:13]
library, including supervision,
[47:15]
direction, and evaluation of library
[47:18]
staff and for implementing policies.
[47:20]
>> Can I ask you that?
[47:24]
from looking at all of the documents
[47:27]
that was provided including the website
[47:29]
for the library. Yeah, just to jump in
[47:32]
just if I can clarify that what I'm the
[47:34]
interpretation I'm reading is the key
[47:36]
thing is the main function right like
[47:39]
our main function as a trust we may do
[47:41]
other things but our primary role is
[47:43]
managing administering the trust which
[47:45]
is I think is where the distinction
[47:46]
comes in it's not saying we don't do
[47:48]
other things we do but our primary role
[47:51]
is to manage the trust which law comes
[47:53]
from
[47:53]
>> I'm happy to be corrected like I said
[47:55]
there's other cases that go other ways
[47:57]
but in those cases the courts
[47:59]
itemized. I'll I'll send you the
[48:01]
citations if you want to read those
[48:02]
cases. The courts looked at everything
[48:05]
that that particular board did or those
[48:06]
trustees and determined in some cases
[48:09]
they do many other things besides
[48:11]
managing the trusts and in those cases
[48:14]
they were found to be covered and some
[48:16]
of them were in different states that
[48:17]
don't have the Massachusetts Tort Claims
[48:19]
Act obviously but they had similar other
[48:21]
statutes that if the court decided yes
[48:24]
this board does all these other things
[48:26]
then they were protected and and
[48:28]
indemnified.
[48:30]
So if if so and just to clarify, if we
[48:34]
did want to become indemnified, we would
[48:35]
basically as a board need to go seek out
[48:38]
essentially private indemnification
[48:40]
insurance. Correct. So as a board, we
[48:42]
could choose to seek out indemnification
[48:44]
insurance as a board on our own.
[48:47]
Correct.
[48:47]
>> Honestly, I'd have to look into that
[48:48]
because you're still a municipality. You
[48:50]
can have private insurance, but it's a different type of insurance,
[48:54]
general liability for municipalities.
[48:56]
It's a little bit different than just a
[48:58]
private insurance policy. Um, there are
[49:00]
like Maya though I forget what that even
[49:02]
stands for. MIA is one of the big
[49:05]
companies. It's it's Massachusetts
[49:07]
something insurance is one of the eyes
[49:10]
>> association.
[49:12]
>> Yeah, it's MIA, but that Yeah, it's
[49:14]
Massachusetts something insurance
[49:16]
association. Uh, and there are other
[49:18]
companies that do it, but that that
[49:20]
might be an avenue.
[49:21]
>> Okay,
[49:22]
>> madame councel, thank you for coming. My
[49:24]
name is Mike Hagen and I I was the one
[49:26]
that originally brought it up at the
[49:28]
open meeting and then uh all the way
[49:31]
along here I'm on the retirement board
[49:33]
and we manage over $18 million and you
[49:36]
can imagine why somebody would be
[49:39]
concerned about indemnification. M
[49:41]
>> so then sitting here with 70 plus
[49:44]
million I brought this up to the board
[49:47]
itself
[49:48]
>> 700,000
[49:49]
>> uh thinking that maybe
[49:51]
>> we should check into as to whether we
[49:53]
are indemnified or not. It sounds like
[49:55]
we aren't. Now is there any uh is there
[49:59]
any possibility that uh the board could
[50:02]
pass uh in our uh bylaws to identify
[50:09]
ourselves? Is that possible?
[50:11]
>> It wouldn't be something you could do
[50:12]
under a local bylaw, it's covered by
[50:14]
statute.
[50:15]
>> Okay. I mean, one way that if it was
[50:17]
that important to the board and if it
[50:19]
fit with everything else, personnel
[50:21]
rules that the town has, you might
[50:25]
reorganize what you do and and develop
[50:28]
other management responsibilities that
[50:30]
>> I mean, I I've been on here almost 30
[50:32]
years and only one or two instant like
[50:35]
somebody run over on Silvin Street and
[50:37]
they brought a suit and town council.
[50:40]
No, no, no. You guys aren't even close.
[50:42]
But I mean if it came to a personnel
[50:45]
issue, a personnel issue where an
[50:48]
employee
[50:50]
uh decided to bring suit against the
[50:52]
library for possible wrongdoing and here
[50:55]
we are being
[50:57]
in charge of the library and we could be
[50:59]
named in that, right? personally
[51:02]
if somebody say an employee felt they
[51:05]
were wrong and they brought a suit
[51:06]
against the director and the board.
[51:09]
>> Well, first of all, you can't be sued
[51:12]
personally when you're acting in your
[51:13]
capacity as a municipal board member or
[51:16]
any kind if you're acting in your role
[51:18]
and you didn't go outside that role and
[51:21]
do something criminal or something that
[51:22]
just you did and the other board members
[51:24]
didn't do. the whole board makes a
[51:26]
decision on something. The reason I said
[51:28]
that is uh in my many years experience
[51:30]
uh I was of the DS police department and
[51:32]
we had issues where
[51:34]
people uh tried to source individually
[51:37]
and collectively
[51:40]
you know
[51:42]
>> you can't
[51:42]
>> that was that came from the towns we had
[51:45]
an issue the town was going to sue us
[51:47]
individually and collectively so now I'm
[51:50]
trying to figure out
[51:51]
>> it depends on every individual situation
[51:53]
like you mentioned something about a car
[51:55]
accident I have no idea what that would
[51:57]
30 years ago, somebody got run over on
[51:59]
Silven Street and they were near the
[52:01]
pond and they thought,
[52:03]
>> we thought at one time we owned all the
[52:05]
way down to the pond. Well,
[52:06]
>> we don't.
[52:08]
>> Yeah, I don't see how that would invoke
[52:10]
any liability for the library trustees
[52:12]
>> bringing those issues up.
[52:13]
>> It would depend on what the issue was,
[52:16]
but you typically, as I said, when
[52:18]
you're acting as one member of a board,
[52:20]
it's kind of like the zoning board of
[52:21]
appeals because they get sued all the
[52:23]
time. the zoning board of appeals, they
[52:25]
sue the members and there's there's case
[52:26]
law on this that you have to sue all of
[52:29]
the named members even if somebody
[52:31]
wasn't at the meeting that night because
[52:33]
they're act and people board members get
[52:35]
upset about that and they think oh no my
[52:37]
name is on it I've been sued personally
[52:39]
and some attorneys are really mean about
[52:41]
it because they they serve them with
[52:43]
their papers at home which they don't
[52:44]
have to do. I always serve people if I'm I don't I'm on the side of
[52:49]
municipal boards. I'm not suing them,
[52:50]
but if I'm suing someone else, if I'm
[52:53]
the plaintiff and my municipality wants
[52:55]
to bring action against someone, um if
[52:57]
they're a municipal employee, I serve
[52:59]
them at the town hall. I don't send, you
[53:01]
know, stuff to people's homes. But when
[53:04]
those zoning board of appeals members
[53:05]
get sued, even if their name is on
[53:07]
there, they're not sued in their
[53:09]
personal capacity. They're not going to
[53:11]
lose their house. they're not going to
[53:12]
have to pay any money even, you know, if
[53:13]
the board loses. It's just the zoning
[53:16]
decision. So, it's it's something that
[53:18]
it it's nerve-wracking if you see your
[53:20]
name on a complaint. But that's all the
[53:22]
more reason why when when a court says
[53:24]
no, even if you weren't at that meeting
[53:27]
or you didn't you weren't even on the
[53:28]
board, then you joined after, if the
[53:30]
decision came out while you're a board
[53:32]
member, you need to be named too. And
[53:33]
that's good because that means you're
[53:35]
only being named as a board member. So
[53:37]
similar if this board were sued for
[53:40]
something, it's it would really I don't
[53:42]
can't even think of too many things that
[53:44]
it could be other than mismanagement of
[53:45]
the trust fund if that's the main thing
[53:47]
the board does.
[53:48]
>> May I may I ask you a question? Thank
[53:50]
you. Um thank you for that
[53:51]
clarification. I from my initial
[53:53]
research I um concluded the same thing
[53:56]
that in terms of like a workplace
[53:58]
discrimination something like that that
[54:00]
we would be protected that we wouldn't
[54:02]
be the suit wouldn't be brought against
[54:04]
us personally like a personal liability
[54:06]
in terms of like coming out of our bank
[54:08]
accounts. Um but the mismanagement of
[54:12]
the trust is something that could be
[54:14]
brought a suit could be theoretically
[54:16]
brought against us by somebody who
[54:18]
believed that we were grossly
[54:20]
mismanaging the trust. The problem with
[54:22]
trying to indemnify against that is that
[54:24]
you can't I if you miss if we mismanage
[54:27]
this trust then people have the right to
[54:30]
sue us for that and saying like you know
[54:35]
I want full protection to do anything
[54:40]
we can't I don't think we can achieve
[54:42]
that. I think we have to engage in by
[54:46]
the rules and adhere to the to the open
[54:51]
meeting law and make everything very
[54:53]
transparent. And that is our
[54:56]
indemnification is that we all
[55:00]
serve faithfully and have no ulterior
[55:04]
motives to steal from our community and
[55:07]
hopefully nobody would randomly sue us.
[55:11]
But I'm very glad for the clarification
[55:13]
around
[55:15]
finer decisions, you know, that where a
[55:18]
suit might be brought against the
[55:20]
municipality via our board. Right.
[55:23]
>> So, if I might, Mr. Chairman, so we're
[55:25]
protected for everything but the trust
[55:27]
with you with the town council. You will
[55:29]
you uh any action brought against the
[55:31]
library other than the other than the
[55:33]
trust, you represent us. Is that what
[55:37]
I'm hearing?
[55:39]
>> No. But what I'm saying is that the
[55:41]
you're not covered under the town's
[55:42]
general liability policy because the
[55:46]
only
[55:46]
>> on our own, right?
[55:48]
>> If you're not doing anything wrong,
[55:49]
there's nothing to worry about. But the
[55:51]
main thing that this board does is
[55:54]
manage the trust. So that's why the
[55:57]
courts have found in interpreting the
[55:59]
case law that the toy claims act doesn't
[56:02]
apply to employees who are managing
[56:04]
private funds. Even if it's a even if
[56:06]
the library is owned by the town, if the
[56:08]
main function of the trustees is to
[56:11]
manage a private trust with private
[56:13]
trust funds, it's not even town money,
[56:15]
then no, you're not protected if there
[56:17]
should be a valid lawsuit against you,
[56:20]
against the board.
[56:22]
>> But I mean, I'm just trying to clarify
[56:24]
my mind. If an employee brings an action
[56:27]
against the board for alleged
[56:30]
wrongdoing, naming all of us, are we
[56:33]
protected by town council?
[56:35]
>> If an employee of the library,
[56:37]
>> employee of the library feels wronged
[56:39]
something. They It's possible today's
[56:41]
society, somebody may feel they're
[56:43]
discriminated against or something, they
[56:45]
bring an action against they're gonna
[56:47]
the director, the the board. Are we
[56:49]
protected by the town council?
[56:52]
depending on what the action is. You do
[56:56]
have labor counsel that's my firm as
[56:58]
well. So if an employer
[57:01]
>> if an employee were to bring an action
[57:02]
if you're talking about something like
[57:04]
sexual harassment or gender
[57:06]
discrimination or anything like that on
[57:09]
anything right
[57:10]
>> that would not be an action of the
[57:11]
board. I've never heard of an entire
[57:13]
board you know harassing someone or
[57:15]
discriminating against someone. So that
[57:17]
>> because we're not involved in personnel
[57:18]
matters. So I
[57:20]
>> I mean that's So like
[57:23]
I I don't know. I don't know if it's
[57:24]
productive to go down these
[57:25]
hypotheticals because
[57:28]
you can't really comment on
[57:29]
hypotheticals. Um so I mean I think it's
[57:32]
probably I think what we're hearing is
[57:35]
we're not indemnified. If there's
[57:37]
something we wanted to pursue, we'd have
[57:38]
to do it on our own. But it sounds like
[57:39]
our liability is quite narrow.
[57:42]
>> Yes.
[57:42]
>> Because it would basically involve us.
[57:45]
We're likely only getting sued if we
[57:46]
grossly mismanage the funds, right? And
[57:48]
if we grossly mismanage the funds, we're
[57:50]
all going to prison. So,
[57:51]
>> well, and that's the thing. There's a big difference between
[57:55]
>> You're clear.
[57:56]
>> There's a big difference between a
[57:57]
simple mistake like typographical error
[58:00]
and intentional gross mismanagement. Um,
[58:04]
I don't do labor law. my firm does, but
[58:07]
we did prepare a memo and I I don't know
[58:09]
if that was sent to you, Noel, if it was
[58:10]
sent to the town manager, but it it
[58:13]
talks about all of the possible
[58:15]
personnel um issues that could occur and
[58:19]
the various responsibilities of the
[58:22]
library, the library director, the
[58:24]
board, and it kind of sets out all of
[58:27]
the legal ramifications and what would
[58:29]
happen if, you know, sort of all these
[58:31]
different scenarios. and I can check the
[58:33]
status of that and see who that was sent
[58:35]
to and if that's something that could be
[58:36]
shared.
[58:37]
>> So, the town manager does have that. And
[58:39]
so, she we're going to hopefully meet
[58:41]
within the next week. Noah and I will
[58:43]
meet with her hopefully within the next
[58:45]
week or so to go over the memo and then
[58:48]
it'll
[58:50]
be out in the wild, I guess.
[58:52]
>> Okay.
[58:54]
Shared.
[58:55]
And on that note, she did want me to go
[58:57]
over I know some of you, like I said,
[58:59]
some of you were at the training, but
[59:01]
she um we discussed just talking about
[59:04]
some of the open meeting law things that
[59:05]
we discussed at the training, and I know
[59:07]
you have other things on your agenda, so
[59:09]
I won't go through the whole
[59:10]
presentation because it was on a number
[59:11]
of topics, but um but the open meeting
[59:14]
law changed a few years. Well, gosh,
[59:16]
it's like 15 years ago now. and it came
[59:20]
up with a definition of a meeting which
[59:23]
is and this is important because if
[59:25]
you're not meeting like right now is
[59:27]
sort of a training I' I've just switched
[59:29]
into from answering your indemnification
[59:31]
question to kind of just going over some
[59:34]
general things even if we have a quorum
[59:38]
and if it was locked and the public
[59:39]
couldn't come in it's not a violation of
[59:41]
the open meeting law because a training
[59:43]
is not subject to the open meeting law
[59:45]
the definition is a meeting has to be a
[59:47]
deliberation by a public body with
[59:49]
respect to any matter within the body's
[59:52]
jurisdiction. There has to be a quorum
[59:54]
of the public body which we have here.
[59:57]
Uh it must be related to any public
[59:59]
business within the public body's
[1:00:01]
jurisdiction and the deliber it has to
[1:00:04]
involve deliberation and a vote.
[1:00:06]
Deliberation is a communication either
[1:00:08]
oral or written through any medium
[1:00:10]
including email. And that's something
[1:00:12]
that had to be clarified in the new open
[1:00:15]
meeting law when it was because when
[1:00:17]
email became a thing, people didn't seem
[1:00:19]
to think that that was governed by the
[1:00:21]
open meeting law. So people were board
[1:00:23]
members were sending each other emails.
[1:00:25]
What do you think about this? Or and
[1:00:26]
sometimes they'd send it to the whole
[1:00:28]
board and ask for people to comment
[1:00:29]
back. No, that's a complete and direct
[1:00:32]
violation of the open meeting law. So
[1:00:34]
then people started doing what's
[1:00:36]
considered serial communications. One
[1:00:39]
member would send an email to another
[1:00:40]
member. What do you think of this? I
[1:00:42]
don't know. Let me ask. So, and and it
[1:00:43]
would go from one board member to the
[1:00:45]
next. And there's case law on that where
[1:00:47]
people got sanctioned for intentionally
[1:00:50]
violating the open meeting law by doing
[1:00:52]
that. So, you have to be careful, you
[1:00:53]
know, when you're emailing, you have to
[1:00:55]
remember if you send something oops to
[1:00:58]
the entire board, put on the bottom like
[1:01:01]
if it's if you're giving something out
[1:01:02]
for the next meeting, just put on the
[1:01:03]
bottom, please do not reply. And then
[1:01:06]
you're not going to have a violation of
[1:01:08]
the open meeting law. Um, volunteers are
[1:01:11]
subject to the open meeting law just
[1:01:13]
like town board members which didn't
[1:01:15]
used to be. Um, notice is important and
[1:01:19]
I saw you guys did have an agenda for
[1:01:21]
tonight. It was posted I believe I
[1:01:23]
didn't check when it was posted but it's
[1:01:24]
got to be posted within 48 hours. One of
[1:01:27]
the changes to the open meeting law and
[1:01:30]
I've been doing this for 33 years so I
[1:01:32]
have seen how how things have changed in
[1:01:35]
terms of posting. It used to be that
[1:01:37]
weekends were counted and that ended up
[1:01:40]
not really being fair a lot of the time
[1:01:42]
because some you'd post something on a
[1:01:44]
Friday afternoon for a Monday meeting
[1:01:47]
and many people wouldn't know anything
[1:01:49]
about it because they were away for the
[1:01:51]
weekend or they just weren't checking
[1:01:53]
anything. So now weekends don't count
[1:01:55]
towards the posting. So if you post
[1:01:57]
something on a Friday, you can't have
[1:01:59]
that meeting until Wednesday and you've
[1:02:01]
got to post it in many more places than
[1:02:04]
used to be posted. Um, and every town's
[1:02:06]
different. You can, if you have a
[1:02:07]
website, fine. But there are still
[1:02:09]
towns, mostly out in western
[1:02:10]
Massachusetts, and I've represented many
[1:02:12]
of them, where they have no website.
[1:02:16]
They have no electronic means of
[1:02:19]
publication of anything. Um, the town
[1:02:22]
clerk takes the files home for the
[1:02:24]
weekend. And, you know, some of these
[1:02:26]
are just really small towns and they
[1:02:28]
don't have this capacity. So the
[1:02:30]
revisions to the open meeting law made
[1:02:32]
it okay to have a notebook in a place
[1:02:36]
that people could visit like the police
[1:02:37]
department. So you could town hall
[1:02:39]
business could be posted in a paper
[1:02:41]
notebook at the police department and
[1:02:43]
that would be that was considered
[1:02:44]
sufficient. Um when you have your
[1:02:48]
meeting you, as I said, you have to have
[1:02:49]
an agenda. Put the public session items
[1:02:53]
on the agenda. public comment, which I
[1:02:55]
know a lot of towns like Danvers does
[1:02:57]
have public comment and some towns have
[1:03:01]
it at the very beginning of the meeting
[1:03:02]
and that causes the meeting to go on and on because people come and speak
[1:03:07]
early, you know, before everybody's
[1:03:08]
tired. Um, what I've often recommended
[1:03:11]
is because people don't really
[1:03:12]
understand, if there's a matter on the
[1:03:14]
agenda for later in the evening and you
[1:03:16]
get up and speak and your whatever your
[1:03:18]
position is on at the beginning of the
[1:03:20]
meeting and then you go home, you're not
[1:03:22]
going to be your testimony will not be
[1:03:23]
counted as part of the record of
[1:03:26]
whatever that discussion item was. And
[1:03:28]
if it's you're at the select board and
[1:03:30]
the select board vote on something and
[1:03:32]
somebody doesn't like it and you want to
[1:03:33]
appeal their decision, your testimony is
[1:03:36]
not going to be part of it. If you made
[1:03:37]
it in the beginning at public comment,
[1:03:39]
you've got to talk at the time that
[1:03:41]
they're having the particular discussion
[1:03:43]
item. Um, executive session is something
[1:03:47]
to be really careful about what you what
[1:03:50]
you use executive session for. the
[1:03:53]
reasons. There used to be eight and now
[1:03:55]
there are 10, but a couple of them they
[1:03:56]
just sort of moved around. Um, you can
[1:03:59]
go into executive session to discuss
[1:04:01]
litigation strategy. You can also go
[1:04:03]
into it to discuss reputation,
[1:04:06]
character, physical condition, or mental
[1:04:08]
health of an individual, but not
[1:04:10]
professional competence. So, you don't
[1:04:12]
do like performance reviews. Um, real
[1:04:16]
estate appraisals because that could
[1:04:18]
affect the bargaining position of the
[1:04:19]
town. That can be done in executive
[1:04:21]
session. There's a there's a whole list
[1:04:23]
on chapter 38 section 21. Um
[1:04:27]
the chair
[1:04:29]
handles the meeting and makes any rules
[1:04:31]
as far as like how long people can
[1:04:33]
speak. If you have the type of meeting
[1:04:35]
where a lot of people want to come and
[1:04:36]
talk, whether it's select board or one
[1:04:37]
of the land use boards, you just have to
[1:04:39]
be fair. So if you give three minutes
[1:04:41]
for each person, don't give somebody 10
[1:04:44]
minutes. Don't cut somebody else off.
[1:04:46]
Some towns allow people to um yield
[1:04:49]
their time to somebody else. sometimes
[1:04:51]
say, "No, that's not fair. Everybody
[1:04:52]
gets the same amount of time." And
[1:04:57]
you shouldn't be this. You guys talked
[1:04:59]
about this earlier tonight and you're
[1:05:00]
absolutely correct that if people are
[1:05:02]
putting things on your website that are
[1:05:05]
rude and you want to respond to them,
[1:05:07]
don't because you're going to get
[1:05:09]
yourself into a constitutional issue.
[1:05:11]
There was a there was a case um I'm
[1:05:14]
forgetting the name of it now, but there
[1:05:15]
was a case out in like Minnesota or
[1:05:17]
somewhere in the Midwest where there was
[1:05:20]
a person who I believe was a city
[1:05:22]
councelor who got into a got into a
[1:05:25]
fight basically on Facebook with one of
[1:05:28]
his constituents and responded to things
[1:05:30]
the person said. And there was a lawsuit
[1:05:32]
brought and it was really it it kind of
[1:05:35]
restricted what municipal officials can
[1:05:37]
do because you've got to be clear when
[1:05:39]
you have a Facebook page. If it's as an
[1:05:43]
official then you got to make that clear
[1:05:45]
and and that you're talking about town
[1:05:46]
business. That's fine. But you can't One
[1:05:49]
of the things that this person did was
[1:05:50]
he blocked somebody. You can't do that.
[1:05:53]
If you're going to have a Facebook page
[1:05:54]
as in your official position, you got to
[1:05:56]
let people speak. This individual also
[1:05:59]
had pictures of his kids and talked
[1:06:01]
about his hobbies and and argued that it
[1:06:03]
was a personal Facebook page, but it
[1:06:05]
blurred because he also had statements
[1:06:08]
about things the municipality was doing.
[1:06:10]
So, you just have to be really careful
[1:06:12]
and and make sure that there's that
[1:06:13]
clear line. If it's if it's yourself as
[1:06:16]
a political official, you can't cut
[1:06:18]
people off. Um and that's that's sim
[1:06:21]
similar slightly different to a case
[1:06:23]
that happened a few years ago in
[1:06:25]
Southboro which um Baron versus Kenda
[1:06:28]
and that was kind of scary because you
[1:06:31]
want people to act civily
[1:06:34]
but you have to allow people to speak um
[1:06:38]
under constitutional law and in that
[1:06:40]
situation the select board stifled
[1:06:43]
somebody from talking and even if you
[1:06:46]
know if you read the case and you see
[1:06:48]
what the I believe it was a woman. There
[1:06:50]
might have been more than one person,
[1:06:51]
but um she said some offensive things
[1:06:55]
and yet the court it went up to the
[1:06:58]
Supreme Judicial Court found that the
[1:07:00]
board should not have been um cutting
[1:07:03]
off the meeting and having you know an
[1:07:06]
adjournment right when they didn't like
[1:07:08]
what somebody was saying. So, it's a
[1:07:10]
fine line, but you can't. Unfortunately,
[1:07:14]
now based on that case, we advise
[1:07:16]
municipal officials to just be careful.
[1:07:18]
If someone's speaking, let them speak.
[1:07:19]
Don't yell back and call them names just
[1:07:21]
cuz they're calling you names. Um, have
[1:07:24]
a police officer there so that things
[1:07:25]
don't get physical. But unfortunately,
[1:07:28]
you got to let people speak. Um, on the
[1:07:30]
other side of that, I've seen many towns
[1:07:33]
start their meetings with an explanation
[1:07:36]
that, and I'm pretty sure Danver does
[1:07:38]
this as well, a town meeting, um, that
[1:07:41]
let's be civil, let's conduct our
[1:07:43]
business tonight, and let's all be kind
[1:07:44]
to each other and not make this
[1:07:46]
personal. And I think those are really
[1:07:47]
helpful to start the meeting out that
[1:07:49]
way because then it kind of reminds
[1:07:51]
everybody why you're really there.
[1:07:52]
You're there to do whatever your mission
[1:07:54]
is on the board that you're on.
[1:07:57]
Um, oh, and the chair, you guys are
[1:08:00]
probably not typically, I mean, this I
[1:08:02]
should say this board, you're not in a
[1:08:04]
position where you're voting on
[1:08:05]
applications and that sort of thing, but
[1:08:07]
I've heard many municipal boards say
[1:08:10]
that they thought the chair was not
[1:08:12]
allowed to vote except in the case of
[1:08:13]
breaking a tie. And a lot of towns think
[1:08:16]
that. A lot of towns up in this area
[1:08:18]
that I've represented, and I've
[1:08:19]
explained to them, no, that's not the
[1:08:20]
case. Sometimes it's a good idea for the
[1:08:22]
chair to wait and vote last because
[1:08:25]
especially if it's someone who's been on
[1:08:26]
the chair, like a few of you have
[1:08:27]
mentioned, you've been on this board for
[1:08:28]
30 years. So other newer members might
[1:08:30]
look to you and want to copy how you
[1:08:33]
vote or just might, you know, sort of
[1:08:35]
listen to what you say and want to sort
[1:08:36]
of support what you say. So a lot of
[1:08:39]
times the chairs will wait. Chairs
[1:08:41]
who've been doing it for a while might
[1:08:43]
wait and vote at the end, but you're not
[1:08:45]
prohibited from v voting. You're just,
[1:08:48]
you know, you're not there just to break
[1:08:49]
a tie. Um,
[1:08:53]
so rather than go through the whole rest
[1:08:54]
of this, were there specific
[1:08:57]
topics that you all had questions about
[1:09:00]
or I I don't think so and I think the executive session one was timely
[1:09:05]
just because we were going to the next
[1:09:07]
item was the director's review and so
[1:09:09]
that was a very helpful explanation
[1:09:11]
about why we're doing that as an open
[1:09:13]
meeting and what the parameters are for
[1:09:14]
that discussion. So I thought that was
[1:09:16]
really helpful.
[1:09:16]
>> Yeah, I saw that on the agenda. Yep.
[1:09:18]
>> Um,
[1:09:19]
>> I have one, Mr. Chairman, uh discussion
[1:09:22]
by uh this board about employees by name
[1:09:27]
or medical conditions
[1:09:30]
or when they're going to be back to
[1:09:32]
work, things like that.
[1:09:35]
What's the question?
[1:09:37]
>> We can't do that, right? Discuss people,
[1:09:40]
personnel,
[1:09:41]
>> you HIPPA made that um
[1:09:44]
yeah, you you got to be really careful
[1:09:46]
what you talk about. I mean, the HIPPA
[1:09:48]
law really it applies to insurance
[1:09:51]
companies and medical providers.
[1:09:54]
So, nobody else can be liable for
[1:09:56]
talking. It's just it's not appropriate.
[1:09:58]
It's personal information. And that's
[1:10:00]
one of the things under the public
[1:10:01]
records law. Medical information as well
[1:10:04]
as social security numbers, birth dates,
[1:10:07]
um cell phone numbers even and addresses
[1:10:10]
are not something to be made public. But
[1:10:13]
it's not a good practice to talk about
[1:10:15]
th this board first of all isn't in
[1:10:18]
charge of you pick the director but
[1:10:21]
other than that you're not in charge of
[1:10:22]
the other employees. So you should not
[1:10:25]
be talking about um medical situations
[1:10:28]
and if somebody is on a leave you could
[1:10:31]
inquire as to when that person if that
[1:10:33]
person will be back and when in case
[1:10:36]
you're in a position where you need to
[1:10:37]
hire somebody. But my understanding is
[1:10:39]
that's not a role of this board but
[1:10:41]
correct me if I'm wrong. Okay,
[1:10:44]
>> I have a clarifying question. Um, I
[1:10:48]
totally understand like speaking about
[1:10:50]
private personal information about um,
[1:10:52]
employees in a board meeting is against
[1:10:55]
law. Um, but there has been it has been
[1:10:58]
suggested that
[1:11:00]
so much as speaking an employees name
[1:11:03]
could be a violation somehow of open
[1:11:06]
meeting law. Um, which I think
[1:11:08]
unfortunately we just need to clarify
[1:11:10]
that a little bit. In our normal course
[1:11:13]
of business, we mention employees by
[1:11:16]
name. Um, your director's report
[1:11:18]
frequently has specific employees,
[1:11:20]
recognitions that they've earned,
[1:11:22]
sometimes even things that are not like
[1:11:24]
it's like an outside recognition from
[1:11:26]
another
[1:11:27]
>> right operational
[1:11:28]
>> organization. Yes. So
[1:11:30]
>> we we do as part and parcel of our
[1:11:34]
normal function, normal duties,
[1:11:36]
occasionally mention employees by name.
[1:11:38]
And I can think of other situations
[1:11:40]
where
[1:11:41]
using a name, for example, if an
[1:11:44]
employee went to the press and spoke
[1:11:48]
about her experience or their experience
[1:11:51]
as a li as an employee of this library.
[1:11:56]
My understanding is that it wouldn't be
[1:11:57]
against the law for us to in this
[1:12:00]
meeting say we need to respond to the
[1:12:03]
comments that were made by this person
[1:12:06]
publicly.
[1:12:07]
We need to or like um you know there's a
[1:12:11]
question of are you know is this
[1:12:14]
affecting the reputation of the library?
[1:12:15]
certain things like that where we would
[1:12:18]
perhaps deliberate
[1:12:20]
on
[1:12:22]
some aspect that's not personal health
[1:12:25]
information or anything of that nature.
[1:12:29]
>> Can you speak at all to the
[1:12:32]
>> the first situation you were talking
[1:12:34]
about sounded more to me like
[1:12:35]
commendations for people talking about
[1:12:37]
good things that um people have done and
[1:12:41]
that's fine. That's that's never a
[1:12:43]
problem. But negative things about
[1:12:45]
people um it kind of comes back to what
[1:12:48]
is the role of the library board? Do you
[1:12:50]
hire and fire the staff? And my
[1:12:52]
understanding was that that's all up to
[1:12:53]
the library director. So no, you don't
[1:12:56]
have a role.
[1:12:57]
>> Yeah. No, I think um
[1:12:58]
>> but your example of
[1:12:59]
>> I think to clarify my example, I would
[1:13:03]
suggest that the conversation would not
[1:13:05]
be about that the person the cat like
[1:13:08]
whatever it was the um the actual
[1:13:12]
employee but more about
[1:13:13]
>> the reputation. Yeah, that's what I was
[1:13:15]
about to address. So like can we if it's affected by something that's
[1:13:19]
happened where we have to just at least
[1:13:20]
acknowledge the thing that happened and
[1:13:23]
then move on to discussing our duties
[1:13:26]
which is the reputation of the library
[1:13:29]
is one of them
[1:13:29]
>> and policies Exactly. Thank you. But
[1:13:34]
again correct me if I'm wrong on my
[1:13:36]
understanding of what the trustees do
[1:13:38]
versus what the library director does.
[1:13:41]
My understanding with the information
[1:13:43]
I've been provided is that she does the
[1:13:45]
hiring, supervising of all personnel and
[1:13:48]
implementation of policies. So it would
[1:13:51]
be appropriate to have a very brief
[1:13:53]
mention that oh I saw this person
[1:13:55]
commenting on the library and it gave a
[1:13:57]
negative impact or impression to people.
[1:14:01]
So could you do something about that
[1:14:03]
library director?
[1:14:04]
>> She implements the she implements the
[1:14:06]
policies but we we have to approve them,
[1:14:08]
right? Is that the
[1:14:09]
>> Yeah. We have
[1:14:11]
>> so without talking about a person just
[1:14:14]
there have been negative comments made
[1:14:16]
about the library and we don't like that
[1:14:17]
and we need to somehow get control over
[1:14:20]
that and have that stop. So we'd like to
[1:14:22]
implement these policies and
[1:14:25]
have a general discussion about that.
[1:14:27]
But you can't talk about people.
[1:14:29]
>> So can I just clarify? Well just
[1:14:32]
>> so basically this employee
[1:14:35]
felt disgruntled went to other boards
[1:14:38]
and and made a thing about it. I and I
[1:14:40]
what I saw before Mike if you don't mind
[1:14:43]
Mike's concern was and my understanding
[1:14:45]
was the fact that they actually said her
[1:14:47]
name out loud though her name was
[1:14:50]
everyone was aware of and she outed
[1:14:51]
herself was against the public meeting
[1:14:54]
laws. It's not against the public
[1:14:55]
meeting laws for us to mention her name,
[1:15:00]
especially since she she was out talking
[1:15:03]
to other groups about and in and the
[1:15:05]
town and and the reality is the staff
[1:15:07]
and how the staff feels and the policies
[1:15:09]
about the staff and the reputation is
[1:15:12]
something that we have to address.
[1:15:13]
>> The open meeting law is what you're
[1:15:14]
talking about.
[1:15:15]
>> Well, with the open meeting laws. Yes.
[1:15:16]
So, obviously we want to address there's
[1:15:19]
a disgruntled reason
[1:15:21]
>> went through the town process. It was a
[1:15:23]
struggle. Everybody knows her what her
[1:15:25]
name is when it happens. She wants
[1:15:27]
people to know. She's inviting the town
[1:15:30]
community in to see her struggle and for
[1:15:34]
how it was or was not addressed
[1:15:36]
appropriately.
[1:15:38]
It does fall in our lap basically and to
[1:15:42]
actually just mention her name is not
[1:15:44]
against the public meeting laws. It's
[1:15:46]
the obeying law
[1:15:48]
speaking negatively about anybody,
[1:15:50]
>> but it may not be appropriate or
[1:15:51]
professional to say that there was a
[1:15:54]
negative thing. And it wasn't that
[1:15:56]
anyone was saying anything negative
[1:15:57]
about it was basically this is what
[1:16:00]
happened to her.
[1:16:01]
>> It didn't go well. As a as the trustees,
[1:16:04]
we need to do better. And how do we do
[1:16:06]
better? The fact that her name was
[1:16:09]
mentioned, it's not against the public
[1:16:10]
meeting law.
[1:16:11]
>> Open meeting law.
[1:16:12]
That's it. is public
[1:16:15]
records law, open meeting law. The whole
[1:16:17]
point of it is transparency. That's why
[1:16:19]
they call it open.
[1:16:20]
>> Correct. So the open meeting law does
[1:16:22]
not say you cannot mention their names.
[1:16:25]
>> It just
[1:16:26]
>> it doesn't specifically say that, but
[1:16:27]
you could get in trouble for other
[1:16:29]
reasons for talking about people.
[1:16:31]
Correct.
[1:16:31]
>> For mentioning people's names
[1:16:32]
negatively. And you got to look at what
[1:16:34]
your role is and if it's if
[1:16:37]
>> it's not to hire and fire or
[1:16:41]
>> um it was it had to do with that. It had
[1:16:43]
nothing to do with that. The I just want
[1:16:45]
to clarify it's not against the open
[1:16:47]
public
[1:16:48]
>> open meeting law to say someone's name
[1:16:52]
>> and how you say it and how you use it
[1:16:55]
>> may or may matters.
[1:16:57]
>> Another thing to look at though as far
[1:16:59]
as the open meeting law the item has to
[1:17:01]
be on your agenda. You can't talk about
[1:17:03]
things that aren't on the agenda unless
[1:17:05]
there's something that the chair
[1:17:07]
>> old business
[1:17:08]
>> didn't reasonably foresee.
[1:17:09]
>> We always have a little old business or
[1:17:11]
there generally a reason, but in the big
[1:17:14]
scheme of things. I just want to clarify
[1:17:17]
that it's not against the open meeting.
[1:17:20]
>> It's not a specific thing outlined in
[1:17:22]
the open meeting law that you can't talk
[1:17:24]
about, but it does there is a limited um
[1:17:28]
description of what you're allowed to
[1:17:30]
talk about. And that's basically
[1:17:32]
employee evaluations if that's your
[1:17:34]
role.
[1:17:34]
>> That was not it.
[1:17:35]
>> But no, I know. But I'm just saying the
[1:17:36]
open meeting law doesn't they're not
[1:17:38]
going to say something like you can't
[1:17:39]
mention a person's name. But there are
[1:17:41]
many other statutes that govern if you
[1:17:44]
mention a person's name, depending on
[1:17:45]
what you're mentioning it for. Agreed.
[1:17:47]
You could be in trouble. But the open
[1:17:49]
meeting law just says the only re the
[1:17:51]
only thing you can talk about um public
[1:17:54]
session is an employee evaluation.
[1:17:56]
Everything else has to be done in
[1:17:58]
executive session. But beyond that and by everything else I mean the things
[1:18:02]
I said you know the the reputation
[1:18:04]
character somebody's done something
[1:18:07]
wrong the physical condition mental
[1:18:08]
health of an individual um all of that
[1:18:11]
>> in in the honest
[1:18:12]
>> and if you do that in executive session
[1:18:14]
you have to give the person notice and
[1:18:16]
they have to have an opportunity to be
[1:18:18]
present with counsel if they want
[1:18:20]
>> obviously and I'm gonna say it wasn't
[1:18:22]
really about her
[1:18:24]
>> I know I know it was about
[1:18:25]
>> it wasn't about her
[1:18:26]
>> information that was getting out there
[1:18:28]
>> it was about what happened.
[1:18:29]
>> Yeah.
[1:18:30]
>> So that that's the that's the the the
[1:18:32]
slice of we have to kind of
[1:18:34]
>> Yeah. And again, look at the open
[1:18:35]
meeting law, but you also have to look
[1:18:36]
at what your role is and what the role
[1:18:38]
of the library director is.
[1:18:40]
>> Yeah. I think I think we should
[1:18:41]
probably, unless there's any more
[1:18:43]
questions, I do want to make sure we
[1:18:44]
have time to get to the evaluation.
[1:18:46]
>> Um so I want to thank town council for
[1:18:49]
coming and answering all of our
[1:18:50]
questions. Pleas overview.
[1:18:53]
>> Thank you very much.
[1:18:54]
>> My pleasure. Good night all.
[1:18:56]
Um, so now we are going to move on to
[1:18:58]
the director's review. Um, which and I
[1:19:02]
think some folks had a chance to look at
[1:19:03]
it beforehand. Has everyone
[1:19:05]
>> had a chance to look at it?
[1:19:10]
» Yes. Okay.
[1:19:10]
>> Did you get one?
[1:19:12]
>> So, and again, you know, just as town
[1:19:14]
council was mentioning, you know,
[1:19:16]
>> we are able to do this meeting. We're
[1:19:18]
going to keep it focused on the um
[1:19:20]
content of the of the review. So, we
[1:19:22]
want to give folks a chance. And just as
[1:19:24]
a reminder, this was completed um with
[1:19:27]
Donna and Jess um completed the review.
[1:19:30]
I don't know if either of you wanted to
[1:19:31]
say anything before we just kind of open
[1:19:33]
it up to to questions or comments.
[1:19:38]
» Um sorry, also um no, just you know, we
[1:19:43]
just recognize how much work Noel has
[1:19:47]
done this past year in general and she's
[1:19:50]
done a great job. Um and that's sort of
[1:19:53]
reflected on what we have here. Um not
[1:19:56]
as much not much has changed from the
[1:19:58]
year before. Um we did add the
[1:20:00]
additional comments from board trustees
[1:20:02]
at the end of this so that we can add
[1:20:03]
any comments that you guys have to be
[1:20:06]
part of this um this review of her. So
[1:20:11]
um if there's any questions, comments,
[1:20:14]
additions that you want to add, please
[1:20:16]
feel free.
[1:20:19]
>> Um
[1:20:21]
I well managing the staff
[1:20:25]
um we've given a positive management
[1:20:28]
staff relations
[1:20:30]
I maintain and we've given a three and
[1:20:32]
it's to the best of my knowledge it's
[1:20:35]
been that every year if I'm not correct
[1:20:39]
feel free to but is there any has the
[1:20:43]
director been given any way that she
[1:20:46]
could make that a four next year.
[1:20:52]
» Well, what what would it take to be a
[1:20:54]
four next year?
[1:20:56]
>> I mean, I don't know if Donna or
[1:20:58]
Desalation
[1:21:00]
would want to comment on that.
[1:21:01]
>> So, I think
[1:21:04]
you want So, I think
[1:21:07]
with everything that's happened this
[1:21:09]
year, I think it's just been a a sort of
[1:21:12]
a learning curve year for for us as well
[1:21:14]
as Noel. And I think that, you know, the
[1:21:19]
path that's going on currently with HR
[1:21:22]
and stuff like that, I think that next
[1:21:24]
year,
[1:21:26]
this coming year, I think if she stays
[1:21:28]
the course, that that will be bumped up
[1:21:30]
to a four. Um it's just there's there's
[1:21:34]
been unforeseen things this past year
[1:21:36]
that I think that has been a challenge
[1:21:39]
and um she's work working towards the
[1:21:43]
improvement of that. So, um, and if
[1:21:48]
people disagree with that, that's fine,
[1:21:50]
too.
[1:21:50]
>> Did you want to add anything, Donna?
[1:21:52]
>> No, not really. Except that a three is
[1:21:54]
not bad. Um, it's that they consistently
[1:21:57]
meet performance expectations and they
[1:21:59]
perform in a professional and competent
[1:22:01]
manner, which he does. Um,
[1:22:05]
>> I just would like to see it a four next
[1:22:07]
year.
[1:22:08]
>> I'll work on it.
[1:22:10]
And and I know towards the
[1:22:14]
sort of earlier this year there were
[1:22:16]
some trainings done that were staffwide
[1:22:17]
that were I think you know
[1:22:21]
uh focused on morale inclusivity etc.
[1:22:24]
And I assume more of those trainings
[1:22:26]
will be coming through this in
[1:22:28]
throughout the rest of this year.
[1:22:30]
>> Yes.
[1:22:31]
>> Okay.
[1:22:32]
>> And we did recognize that many of those
[1:22:34]
trainings Noel brought up on her own.
[1:22:36]
She was not told by town council to do
[1:22:39]
them. Mhm.
[1:22:40]
>> So they were her initiative. So there's
[1:22:44]
other things in there too under managing
[1:22:46]
the staff and we gave her four for the
[1:22:48]
um
[1:22:49]
>> for the policies.
[1:22:50]
>> Yeah. Just just a clarification for
[1:22:53]
people at home, you know, three is three
[1:22:55]
means effective. The director
[1:22:57]
consistently meets performing
[1:22:58]
expectations and perform in a
[1:23:00]
professional and competent manner. Four
[1:23:02]
is highly effective. The director always
[1:23:05]
meets and frequently exceeds performance
[1:23:07]
expectations. So that's that's the the
[1:23:10]
next step,
[1:23:10]
>> but I still I would like to see a four.
[1:23:18]
» Um,
[1:23:20]
well, I guess you prepared this, so I
[1:23:21]
don't know if you have any additional
[1:23:22]
questions or comments. I just want to
[1:23:24]
make sure each person has a chance to
[1:23:25]
either comment or ask a question just
[1:23:27]
sort of in the spirit of equity. So I
[1:23:29]
don't know if you had anything else
[1:23:30]
you'd wanted to add, Donna.
[1:23:32]
>> No, I I mean Jess and I spent time and
[1:23:36]
went over each of these. we had less
[1:23:38]
years to base it on. But um
[1:23:42]
no, I thought it was a pretty fair
[1:23:43]
review. Um the only problem is we needed
[1:23:47]
to do this earlier because I think with
[1:23:49]
her numbers being as high as they are.
[1:23:53]
Um I want to recommend her for a higher
[1:23:56]
rate. I would have liked to have
[1:23:57]
recommended her for a higher raise, but
[1:23:58]
with the budget
[1:24:00]
constraints that the town has this year,
[1:24:03]
um it was too late to do it by the time
[1:24:05]
we got it to them. Okay.
[1:24:07]
>> Um that that would probably be the only
[1:24:09]
thing. I think she does an excellent
[1:24:11]
job. I think we're lucky to have her and
[1:24:14]
um most of the people I talk with at the
[1:24:16]
library are really happy to be here. So,
[1:24:19]
um no, I don't I don't unless somebody
[1:24:23]
else has a specific question.
[1:24:25]
>> Yeah, I think we'll just go around just
[1:24:26]
kind of go around the table. So, Alan,
[1:24:27]
if you have any questions or comments
[1:24:32]
» Corey, do you have anything?
[1:24:34]
Um, no. I think it's a fair evaluation.
[1:24:38]
I think, um, you know, I'll continue to
[1:24:41]
harp on my, um,
[1:24:44]
just encouragement toward
[1:24:48]
staff retention and, um, making sure
[1:24:52]
that when folks leave their employment
[1:24:56]
at our library that they go out and
[1:24:58]
speak well of us. Um,
[1:25:02]
and
[1:25:03]
that hasn't always been the case, but I
[1:25:05]
think we're ready for a clean page. And
[1:25:11]
>> yeah, and I think on that note, I like
[1:25:13]
one of the things that in the report, I
[1:25:14]
think it's helpful for us to be able to
[1:25:16]
see what trainings are happening, what's
[1:25:18]
being scheduled, just so we can sort of
[1:25:20]
have that sense of what's in the queue,
[1:25:23]
but also just an opportunity to, you
[1:25:25]
know, offer insight or reaction to that.
[1:25:27]
So I think that transparency in terms of
[1:25:29]
what's being done around morale and
[1:25:31]
retention and training I think is really
[1:25:33]
important.
[1:25:34]
>> Yeah. Thank you, Mr. Chairman.
[1:25:36]
>> Thanks, Mike.
[1:25:38]
>> Thank you. Thank you, Mr. Chairman. Uh
[1:25:41]
>> I I I've always made it no secret that
[1:25:43]
I'm one of our biggest supporters
[1:25:46]
uh a lot of the time. Um and and looking
[1:25:49]
at this the 20 minutes I had before the
[1:25:52]
meeting to look at it, even though I had
[1:25:54]
the opportunity I saw on line to review
[1:25:57]
it. Um,
[1:26:00]
I was evaluated for 42 years uh down
[1:26:04]
there around 120 street in the police
[1:26:06]
department and um evaluations uh subjective in my opinion.
[1:26:14]
Um
[1:26:16]
who evaluates the evaluator?
[1:26:19]
Um
[1:26:22]
how do you uh when you when you look at
[1:26:25]
this uh like uh the process
[1:26:29]
the board of selecting uh who evaluates
[1:26:32]
the town manager
[1:26:35]
five select members
[1:26:38]
five
[1:26:40]
not two five
[1:26:42]
>> I think they have a subcom
[1:26:43]
>> I'm looking at what's that
[1:26:45]
>> they do a subcommittee just like you we
[1:26:47]
did Okay. When when I'm done here, you
[1:26:49]
can help me out here.
[1:26:50]
>> Just saying.
[1:26:51]
>> But so my even a subcommittee. Well, but
[1:26:57]
everybody on the select board has a has
[1:27:00]
an opportunity to evaluate
[1:27:03]
the manager and I would guess that the
[1:27:05]
numbers, you know, year four, year
[1:27:08]
three, something like that. They come to
[1:27:10]
a consensus.
[1:27:13]
looking at her evaluation. I mean, she
[1:27:15]
does a great job. Out of uh
[1:27:19]
out of 50 58 categories,
[1:27:24]
she got 14 fives. That's pretty good.
[1:27:27]
That sound good.
[1:27:29]
And then looking at looking at u uh
[1:27:33]
something like
[1:27:35]
I I think it needs to be looked at. The
[1:27:36]
process need to be looked at. Uh
[1:27:39]
establishing uh priorities. Under number
[1:27:42]
14,
[1:27:44]
it says director's accomplishments
[1:27:45]
reflect and
[1:27:48]
relate to the short and long range
[1:27:50]
plans. You got a three and then plans
[1:27:54]
are updated on a continuous basis to
[1:27:57]
reflect change in circumstances. You got
[1:28:00]
a a four. I mean it doesn't to me that
[1:28:02]
doesn't make sense like uh the ground
[1:28:05]
maintenance and construction of physical
[1:28:08]
plants you know she's a director the
[1:28:11]
town owns the property
[1:28:13]
she she contacts build and maintenance
[1:28:16]
some need to be fixed some like that she
[1:28:18]
does a great job of that but I mean I'm
[1:28:21]
not sure that has to be a category for a
[1:28:24]
director's eye evaluation but
[1:28:28]
u looking at the The last part, staff
[1:28:32]
selection.
[1:28:34]
The last one down, selection processes
[1:28:36]
designed to ensure the selection of the
[1:28:40]
best person for the job.
[1:28:43]
Comments with the limitations of the
[1:28:46]
union contract, Noel is doing a great
[1:28:49]
job.
[1:28:51]
I dare say sitting here, how many
[1:28:54]
trustees know anything about this
[1:28:55]
contract?
[1:28:57]
In this contract right here, it talks
[1:29:00]
about
[1:29:01]
seniority procedure for filling a
[1:29:04]
vacancy.
[1:29:09]
» She's not limited. She signed the
[1:29:11]
contract with the town.
[1:29:13]
>> The town that they agreed on this. She's
[1:29:15]
not limited. This is this is this is the
[1:29:18]
>> What it what it means is that just that
[1:29:20]
>> what does limitation mean?
[1:29:21]
>> Meaning that she has to abide by the
[1:29:23]
contract.
[1:29:24]
>> That's not a limitation. That's she
[1:29:26]
signed the deal.
[1:29:28]
>> That's not I think it's limitation in a
[1:29:30]
negative sense. She's saying that this
[1:29:31]
is what the contract lays
[1:29:32]
>> out. Anyway, I think the process in my
[1:29:34]
opinion she does a great job.
[1:29:37]
>> Um I think the process needs to be
[1:29:39]
looked at.
[1:29:40]
>> Yeah. I mean, Mike, we're definitely
[1:29:42]
open. So if we want, we can talk after
[1:29:44]
too.
[1:29:45]
>> Changing the process. Yeah.
[1:29:46]
>> Okay.
[1:29:46]
We can
[1:29:49]
>> I'm sorry, but Mike, how many years were
[1:29:50]
you chair?
[1:29:52]
>> Almost 30.
[1:29:53]
You were chair. How many
[1:29:55]
times
[1:29:56]
I chair?
[1:29:57]
>> How many times did you Yes, I asked how
[1:29:59]
many times you were.
[1:29:59]
>> Mr. Chairman, I'm not here to debate.
[1:30:01]
I'm just saying my being.
[1:30:02]
>> No. Well,
[1:30:03]
>> personal personal you can chair.
[1:30:05]
>> All right. Well, Donna, why don't you finish your comment and
[1:30:07]
then we'll move on.
[1:30:10]
>> You never presented.
[1:30:12]
>> Mr.
[1:30:13]
>> I have the war.
[1:30:14]
>> You just have to say no. I might never.
[1:30:16]
>> Just finish your comment. Don't direct
[1:30:18]
Mike directly. Just finish your comment,
[1:30:20]
please.
[1:30:20]
um you never presented the evaluations
[1:30:24]
to the
[1:30:25]
>> Okay, let's let's not make this about an
[1:30:27]
individual member.
[1:30:27]
>> I'm just saying we are trying to make
[1:30:30]
this more inclusive for the board to
[1:30:32]
have an opportunity.
[1:30:34]
>> That's what this session is right now.
[1:30:35]
So, if some one of the trustees has a
[1:30:40]
recommendation or has an opinion or
[1:30:42]
thinks something should be changed, now
[1:30:44]
is the time to bring it up. Yes,
[1:30:46]
>> we listen to the suggestions that were
[1:30:47]
made earlier and we're doing our best to
[1:30:50]
include everyone in it, but we cannot
[1:30:52]
sit with nine people and do this
[1:30:54]
>> right. I think we need to have a
[1:30:56]
separate more robust conversation about
[1:30:57]
the evaluation process well in advance
[1:30:59]
of that process starting the next time.
[1:31:01]
So, I don't think I think it's good to
[1:31:02]
get the feedback now. I don't think this
[1:31:04]
is the time to come up with a new
[1:31:06]
evaluation process. So, I think the
[1:31:09]
feedback is warranted. I think we can
[1:31:11]
that'll be a future agenda item
[1:31:13]
>> and if there's specific things that's
[1:31:15]
what I understand we're doing now. So
[1:31:19]
>> after all that Charles
[1:31:28]
» it's okay.
[1:31:28]
>> No I think it's very difficult to do
[1:31:31]
evaluations in the environment that
[1:31:33]
we're in right now. Let me just say that
[1:31:35]
for a fact.
[1:31:36]
>> Charles I'm sorry. Can you speak?
[1:31:38]
>> I'm sorry. Yes. I said I think It's
[1:31:40]
difficult speaking to the mic.
[1:31:41]
>> Oh, speaking to the mic. Okay. Yeah.
[1:31:43]
It's not uh exactly easy to u go about
[1:31:46]
the whole process of staff oversight and
[1:31:48]
staff review is a very complicated
[1:31:50]
matter at this time. Um here recently in
[1:31:54]
the let's just basically put the cards
[1:31:56]
on the table here. I feel it's very
[1:31:58]
important for us to do that. We've had a
[1:32:00]
number of issues um with regards to the
[1:32:04]
very aggressive effort that Danvers has
[1:32:07]
been made been making and continuing to
[1:32:09]
make to diversify, bring people from
[1:32:12]
different backgrounds and different
[1:32:13]
experiences into the professional um
[1:32:17]
sector here in Danvers. This is a
[1:32:19]
relatively new phenomenon and it is not
[1:32:22]
something that we walk into with
[1:32:25]
complete expertise on every dimension of
[1:32:28]
that task being done. Um I think that
[1:32:33]
this review reflects the fact that this
[1:32:35]
is an ongoing effort that we are working
[1:32:38]
on in DNA. Sometimes things have worked
[1:32:41]
out perfectly and sometimes there have
[1:32:43]
been tensions and we deal with the
[1:32:45]
aftermath of those tensions that this
[1:32:48]
review in my opinion reflects that. Um
[1:32:50]
we all collectively need to u work on
[1:32:55]
better understanding how we as a as a as
[1:32:58]
a organization can reflect the society
[1:33:02]
of which we're all a part and I think
[1:33:04]
that this review reflects that as well.
[1:33:07]
I think that the the the variable that
[1:33:09]
says that this is an issue that we need
[1:33:12]
continuing work needs to be done,
[1:33:14]
continuing training needs to be done,
[1:33:16]
continuing effort needs to be done,
[1:33:18]
that's reflected in this review in my
[1:33:20]
personal opinion. Um so um I I think
[1:33:23]
that um relative to the ongoing concern
[1:33:27]
that folks have about this issue, myself
[1:33:29]
included, um I think that we just
[1:33:32]
continue have to continue to work at
[1:33:35]
that with with the clear understanding
[1:33:38]
that if there's an issue around
[1:33:43]
what what the around the variables that
[1:33:46]
caused the concern with this evaluation
[1:33:48]
in the first place. If there are
[1:33:50]
continuing concerns about that, the
[1:33:53]
answer to that is not to not not to
[1:33:56]
recommmit ourselves to the fact that we
[1:33:58]
want to diversify our staff in all the
[1:34:01]
dimensions that are possible and that we
[1:34:03]
want to be able to have the skills and
[1:34:04]
resources and support for that to
[1:34:06]
happen. And so I think that um again as
[1:34:09]
I looked at the variables that were in
[1:34:12]
section four, section seven, section 8,
[1:34:16]
uh section 14, all of those point to
[1:34:19]
issues that say that this organization,
[1:34:22]
our director is taking seriously the
[1:34:25]
concerns that have been raised about the
[1:34:27]
tensions that have raised around
[1:34:29]
personnel issues at the library. We
[1:34:31]
can't go into the details of that today
[1:34:33]
for the very reasons that we just heard
[1:34:35]
a minute ago. Um however I think um
[1:34:39]
what what does need to happen Mr.
[1:34:42]
chairman is that um more individual
[1:34:45]
conversations need to happen in the year
[1:34:48]
ahead
[1:34:49]
>> with regards to these variables about
[1:34:51]
what are the inputs, supports, advice,
[1:34:55]
counsel, suggestions, uh experiential um
[1:35:01]
background variables that might be
[1:35:02]
helpful for us to grow and to further
[1:35:05]
develop as an organization can possibly
[1:35:09]
happen by talking with all the people at
[1:35:11]
the
[1:35:11]
There's brilliant people at this table.
[1:35:14]
I've sat here a long time and I know
[1:35:17]
that there are people sitting at this
[1:35:19]
table who have lots of insights, lots of
[1:35:21]
experience and and very clear opinions
[1:35:23]
about this stuff. And I think
[1:35:25]
collectively when we share our thoughts
[1:35:27]
together, we're only going to come out a
[1:35:29]
stronger, more effective organization.
[1:35:31]
But as far as we're going, I think the
[1:35:33]
world has killed ourselves trying to do
[1:35:35]
a great job at this. It's not easy to do
[1:35:37]
this. It's uh it's difficult. Uh
[1:35:40]
sometimes you And then sometimes you
[1:35:41]
lose and the the consequences are what
[1:35:44]
they are. But we have to go on.
[1:35:46]
>> Thank you, Charles. Ken,
[1:35:53]
» that was great. That was
[1:35:53]
>> no notes.
[1:35:56]
>> Uh but that was great. But thank you,
[1:35:57]
Charles. And I, you know, I think that,
[1:35:59]
um, just, you know, sort of as coming in
[1:36:01]
as chair, I would also personally like
[1:36:04]
to have a robust discussion about what
[1:36:05]
the evaluation process looks like
[1:36:07]
because I do think it's important that
[1:36:09]
we all feel like we have input in the
[1:36:10]
process and that we feel like it's as
[1:36:12]
open and transparent as possible within
[1:36:14]
the constraints that we have. So, I do
[1:36:16]
think, like I said, I don't think we're
[1:36:17]
going to hash this out tonight, but I
[1:36:18]
think that's a worthy discussion. Um,
[1:36:21]
you know, when we reconvene in the fall.
[1:36:23]
Um and the time to do it is now so that
[1:36:25]
when the next evaluation cycle comes
[1:36:27]
through we can be proactive um and again
[1:36:30]
make sure that everyone has that that
[1:36:31]
input um you know throughout the
[1:36:34]
process. Um and again that could look at
[1:36:36]
what the evaluation looks like but it
[1:36:38]
might you know it might also be other
[1:36:40]
things that we want added to the
[1:36:41]
evaluation etc. So I think it's a it's a
[1:36:43]
good discussion to have.
[1:36:44]
>> Um
[1:36:45]
>> so any other um anything to add on?
[1:36:49]
>> Do we have to vote to accept it or
[1:36:51]
>> Yeah. Do that's a good question. We have
[1:36:52]
to vote to accept the evaluation or is
[1:36:54]
it already been submitted to the town
[1:36:55]
manager?
[1:36:56]
>> It's already been you you submitted it
[1:36:58]
already, right?
[1:36:59]
>> Right.
[1:37:00]
>> Did you sub you submitted it, right?
[1:37:02]
>> No, because we
[1:37:03]
>> Oh, because you were waiting to
[1:37:04]
>> We're waiting to see what other people
[1:37:06]
wanted to add if
[1:37:09]
>> Okay. So, um so we will vote to submit
[1:37:13]
the evaluation to the town manager. Um
[1:37:16]
so, do I have a motion to submit the
[1:37:18]
evaluation?
[1:37:20]
>> Second.
[1:37:20]
>> Okay.
[1:37:20]
I'm sorry. Who did the first?
[1:37:22]
>> Mike.
[1:37:23]
>> Me.
[1:37:24]
>> And Donna, you did the second.
[1:37:26]
>> Ellen.
[1:37:28]
>> Um, any any further discussion?
[1:37:33]
>> Okay. Okay. Um, so all um all in favor
[1:37:37]
of submitting the evaluation as written
[1:37:39]
to the town managers?
[1:37:40]
>> I I.
[1:37:41]
>> Any opposed?
[1:37:43]
>> Nope.
[1:37:43]
>> Okay.
[1:37:44]
>> All right. And I'll just make the note
[1:37:46]
um when I did talk to I'm trying to
[1:37:49]
remember when I talked to them the town
[1:37:50]
manager and the finance director um they
[1:37:53]
did suggest moving the evaluation to
[1:37:56]
January uh because the um that's
[1:38:00]
basically when we start doing all the
[1:38:02]
budgeting right so like if if we do want
[1:38:03]
to do if we not you all want to do
[1:38:07]
something like you know give me a raise
[1:38:08]
or something like that if this money is
[1:38:10]
going to be different um then like that
[1:38:13]
the very beginning of the year is when
[1:38:15]
to do it so that they can make it part
[1:38:17]
of the budget season. So just putting
[1:38:19]
that in your little calendars.
[1:38:21]
>> Yes. Because we were told to do it now
[1:38:23]
and turns out that was bad information.
[1:38:25]
>> Oh, you want
[1:38:27]
>> Okay.
[1:38:27]
>> Oh yeah. So
[1:38:30]
the evaluations are now
[1:38:34]
>> Yeah, we'll collect those back.
[1:38:35]
>> Um any new business before we
[1:38:39]
>> adjourn? Can I get a motion to adjourn?
[1:38:43]
Ellen, can I have a second?
[1:38:45]
>> Okay, Campbell second.
[1:38:46]
>> I'm sorry. Ellen and who was
[1:38:48]
>> Ken.
[1:38:49]
>> And can you tell me what time it is?
[1:38:51]
>> 8:29.
[1:38:53]
>> I'm sorry, what?
[1:38:53]
>> 82.
[1:38:54]
>> 829.
[1:38:55]
>> All those in favor of adjourning?
[1:38:57]
>> I.
[1:38:58]
>> Any opposed? You're