← Pepperell Select Board

Pepperell Select Board · 2017–2018 Board · Regular meeting

February 26, 2018

6 recorded votes, 4 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Melissa M. Tzanoudakis, Roland P. Nutter, Lisa M. Ferolito

Absent: None

Every vote, in order

8. Executive Session

Go into executive session at 6:15 PM under purpose #1 (first of two matters, item 8.1)

Minutes, page 2

ProceduralPassed · Unanimous, 3 present

Mr. Nutter motioned that the Board of Selectmen go into executive session at 6:15 PM under #1. To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The individual to be discussed in such executive session shall be notified in writing by the public body at least 48 hours prior to the proposed executive session; provided, however, that notification may be waived upon written agreement of the parties. A public body shall hold an open session if the individual involved requests that the session be open. If an executive session is held, such individual shall have the following rights: i. to be present at such executive session during deliberations which involve that individual; ii. to have counsel or a representative of his own choosing present and attending for the purpose of advising the individual and not for the purpose of active participation in the executive session; iii. to speak on his own behalf; and iv. to cause an independent record to be created of said executive session by audio-recording or transcription, at the individual's expense. The rights of an individual set forth in this paragraph are in addition to the rights that he may have from any other source, including, but not limited to, rights under any laws or collective bargaining agreements and t

The minutes say there “would be two identical motions for Executive Session on two separate matters”; this is the first (item 8.1), with a roll call: Melissa Tzanoudakis Aye, Roland Nutter Aye, Lisa Ferolito Aye. The minutes do not name a seconder.

From the minutes

“Mr. Nutter motioned that the Board of Selectmen go into executive session at 6:15 PM under #1. To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The individual to be discussed in such executive session shall be notified in writing by the public body at least 48 hours prior to the proposed executive session; provided, however, that notification may be waived upon written agreement of the parties. A public body shall hold an open session if the individual involved requests that the session be open. If an executive session is held, such individual shall have the following rights: i. to be present at such executive session during deliberations which involve that individual; ii. to have counsel or a representative of his own choosing present and attending for the purpose of advising the individual and not for the purpose of active participation in the executive session; iii. to speak on his own behalf; and iv. to cause an independent record to be created of said executive session by audio-recording or transcription, at the individual's expense. The rights of an individual set forth in this paragraph are in addition to the rights that he may have from any other source, including, but not limited to, rights under any laws or collective bargaining agreements and the exercise or non-exercise of the individual rights under this section shall not be construed as a waiver of any rights of the individual. A roll call was taken as follows: Melissa Tzanoudakis Aye Roland Nutter Aye Lisa Ferolito Aye 8.2..” (Motion: Nutter)

Read it in the official minutes, page 2 (PDF)

Go into executive session at 6:15 PM under purpose #1 (second of two matters, item 8.2)

Minutes, page 2

ProceduralPassed · Unanimous, 3 present

Nutter motioned that the Board of Selectmen go into executive session at 6:15 PM under #1. To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The individual to be discussed in such executive session shall be notified in writing by the public body at least 48 hours prior to the proposed executive session; provided, however, that notification may be waived upon written agreement of the parties. A public body shall hold an open session if the individual involved requests that the session be open. If an executive session is held, such individual shall have the following rights: i. to be present at such executive session during deliberations which involve that individual; ii. to have counsel or a representative of his own choosing present and attending for the purpose of advising the individual and not for the purpose of active participation in the executive session; iii. to speak on his own behalf; and iv. to cause an independent record to be created of said executive session by audio -recording or transcription, at the individual's expense. The rights of an individual set forth in this paragraph are in addition to the rights that he may have from any other source, including, but not limited to, rights under any laws or collective bargaining agreements and the

Second of the two identical executive-session motions (item 8.2), with a roll call: Melissa Tzanoudakis Aye, Roland Nutter Aye, Lisa Ferolito Aye. The minutes do not name a seconder.

From the minutes

“Nutter motioned that the Board of Selectmen go into executive session at 6:15 PM under #1. To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The individual to be discussed in such executive session shall be notified in writing by the public body at least 48 hours prior to the proposed executive session; provided, however, that notification may be waived upon written agreement of the parties. A public body shall hold an open session if the individual involved requests that the session be open. If an executive session is held, such individual shall have the following rights: i. to be present at such executive session during deliberations which involve that individual; ii. to have counsel or a representative of his own choosing present and attending for the purpose of advising the individual and not for the purpose of active participation in the executive session; iii. to speak on his own behalf; and iv. to cause an independent record to be created of said executive session by audio -recording or transcription, at the individual's expense. The rights of an individual set forth in this paragraph are in addition to the rights that he may have from any other source, including, but not limited to, rights under any laws or collective bargaining agreements and the exercise or non-exercise of the individual rights under this section shall not be construed as a waiver of any rights of the individual. A roll call was taken as follows: Melissa Tzanoudakis Aye Roland Nutter Aye Lisa Ferolito Aye Included in the Executive Sessions would be Atty. Martin Rooney, Atty. Brian Falk, Atty. Bob Hennigan, Melissa Tzanoudakis Aye Roland Nutter Aye Lisa Ferolito Aye Included in the Executive Sessions would be Atty. Martin Rooney, Atty. Brian Falk, Atty. Bob Hennigan, members of the Board, Town Administrator Mark Andrews, and Peggy Mazzola, Administrative Assistant..” (Motion: Nutter)

Read it in the official minutes, page 2 (PDF)

Appoint Atty. Flick as special investigator for this complaint with Atty. Hennigan as alternate if Atty. Flick is not available

Minutes, page 3

AppointPassed · Unanimous, 3 present

On a motion by Mr. Nutter and seconded by Ms. Ferolito, it was unanimously voted to appoint Atty. Flick as special investigator for this complaint with Atty. Hennigan as alternate if Atty. Flick is not available.

From the minutes

“On a motion by Mr. Nutter and seconded by Ms. Ferolito, it was unanimously voted to appoint Atty. Flick as special investigator for this complaint with Atty. Hennigan as alternate if Atty. Flick is not available..” (Motion: Nutter, second: Ferolito)

Read it in the official minutes, page 3 (PDF)

Start the process to adopt a code of conduct for the Board of Selectmen

Minutes, page 3

ApprovePassed · 2–1

On a motion by Mr. Nutter and seconded by Ms. Tzanoudakis out of necessity, it was voted with Mr. Nutter and Ms. Tzanoudakis in favor and Ms. Ferolito opposed to start the process to adopt a code of conduct for the Board of Selectmen.

Yes: Nutter, TzanoudakisNo: FerolitoThe minutes say “it was voted with Mr. Nutter and Ms. Tzanoudakis in favor and Ms. Ferolito opposed.”

From the minutes

“On a motion by Mr. Nutter and seconded by Ms. Tzanoudakis out of necessity, it was voted with Mr. Nutter and Ms. Tzanoudakis in favor and Ms. Ferolito opposed to start the process to adopt a code of conduct for the Board of Selectmen..” (Motion: Nutter, second: Tzanoudakis)

Read it in the official minutes, page 3 (PDF)

Refer the report to the State Ethics Commission

Minutes, page 3

ApprovePassed · 2–1

On a motion by Mr. Nutter and seconded by Ms. Tzanoudakis out of necessity, it was voted with Mr. Nutter and Ms. Tzanoudakis in favor and Ms. Ferolito opposed to refer the report to the State Ethics Commission.

Yes: Nutter, TzanoudakisNo: Ferolito

From the minutes

“On a motion by Mr. Nutter and seconded by Ms. Tzanoudakis out of necessity, it was voted with Mr. Nutter and Ms. Tzanoudakis in favor and Ms. Ferolito opposed to refer the report to the State Ethics Commission..” (Motion: Nutter, second: Tzanoudakis)

Read it in the official minutes, page 3 (PDF)

APPROVED

Adjourn

Minutes, page 5

ProceduralPassed · Unanimous, 3 present

On a motion by Mr. Nutter and seconded by Ms. Ferolito, it was unanimously voted to adjourn the meeting at 7:16 PM.

From the minutes

“On a motion by Mr. Nutter and seconded by Ms. Ferolito, it was unanimously voted to adjourn the meeting at 7:16 PM..” (Motion: Nutter, second: Ferolito)

Read it in the official minutes, page 5 (PDF)

From the Pepperell Select Board’s official minutes, posted in the town’s Agenda Center (Select Board). We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Tony Beattie from his campaign website (Anthony Beattie for Pepperell Selectman); Mark Mathews from the Nashoba Valley Voice / Lowell Sun (April 30, 2021). No photo found for Chuck Walkovich.

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