[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