Megan Birch-McMichael

Megan Birch-McMichael moved to reaffirm the anti-hate statement from 05/09/2023. Cortni Frecha seconded the motion. The Board discussed adding "immigration status" to the list of protected characteristics in the statement. The Chair called for a vote on the initial motion, the motion failed on a 0-5 vote.

Voted: No

No: Birch-McMichael, Constantzos, Frecha, Hegemann, Toole

Ms. Frecha moved to accept the meeting minutes of the October 1, 2024 meeting. Ms. Hegemann seconded the motion and it passed 4-0-1 by roll call vote with Ms. Frecha abstaining.

Voted: Yes

Yes: Birch-McMichael, Constantzos, Hegemann, TooleAbstained: Frecha

Ms. Birch-McMichael moved to accept the meeting minutes of the September 24, 2024 meeting. Mr. Constantzos seconded the motion. The Board wanted the word "original" added to the first vote for the letter of support for Masters Academy, to read: "Chair Toole called for a vote on the original motion and it failed 0-4." Chair Toole called for a vote on approving the meeting minutes with the one change and the motion passed unanimously.

Voted: Yes

The minutes quote the corrected wording of the September 24, 2024 vote (“it failed 0-4”) inside this motion; only the vote on the minutes is counted here.

Ms. Hegemann Clark moved that the Select Board deny the grievance filed by Ryan Boyd resulting from his placement on Administrative Leave on the basis that no violation of the Personnel Policy has been shown. Mr. Constantzos seconded the motion. The Chair opened up discussion on this matter. Chair Toole read the Grievance Letter from Mr. Boyd dated September 17, 2024. Asked Mr. Boyd if he would like to speak to his grievance. Mr. Boyd stated that he has prepared a written statement and that is his response. Attorney Jenkins recommended the Chair ask Mr. Boyd to read his statement aloud. Mr. Boyd read his Statement outlining why he feels he was not given due process for the Administrative Leave and why he feels he should not be disciplined. In his statement he stated he felt his rights have been violated as he received a redacted report and could not fully respond to the allegations. He alleged a strained relationship with Chief Evers and how that may have influenced the decision to put him out on leave and terminate him. He went on to state that he feels he is being retaliated against, as he, himself brought forward complaints about harassment happening within the department. Mr. Boyd also stated that he believes the Town is retaliating because he asked about wages in regards to the Fair Labor Standards Act. October 1, 2024 1 Mr. Boyd closed his statement by saying that he will be forming an employee organization within the Massachusetts Bargaining Laws and he will be filing a petition with the Massachusetts Department of Labor, Division of Labor Relations. Attorney Jenkins stated that Administrative Leave is not considered disciplinary action, it is a management tool to protect employees. For full-time employees it is normally paid leave and for per diem/call employees it is unpaid leave. Hearing no further comments on the grievance, Chair Toole called for a roll call vote on the motion to deny the grievance. Mr. Constantzos - Aye; Ms. Hegemann Clarke - Aye; Ms. Birch McMichael - Aye; And the Chair voted - Aye The grievance was unanimously denied.

Voted: Yes

Roll call on the motion to deny the grievance: “Mr. Constantzos - Aye; Ms. Hegemann Clarke - Aye; Ms. Birch McMichael - Aye; And the Chair voted - Aye” (Chair John Toole); “The grievance was unanimously denied.”

Ms. Hegemann Clark moved that pursuant to the provisions of Massachusetts General Laws Chapter 48, Section 42A, that the Select Board terminate the employment of Ryan Boyd from his position in the Fire Department for the reasons set out in the Notice of Hearing Dated September 9, 2024. The Motion was seconded by Mr. Constantzos. The Chair opened the meeting up for discussion on the motion and asked Mr. Boyd if he'd like to say anything further. Mr. Boyd stated that in addition to what he said in his prior statement, he stated that based on the record, he does not feel that the Town has submitted any evidence of why he should be terminated right now. He reiterated that the Town bylaw outlines progressive discipline and serves as a contract for at-will employees. Chair Toole then asked Interim Chief Evers if he would like to speak on the motion. Chief Evers read a prepared statement identifying the reasons he made the recommendation to terminate Mr. Boyd. Chief Evers referenced Mr. Boyd disobeying a direct written order, which led to another firefighter, by his own admission, being deeply embarrassed and humiliated. Not only did Mr. Boyd disobey the direct order, but he then lied about it trying to implicate another employee as the cause. Chief Evers also went on to state that the Investigation completed by an Independent Outside Investigator found that Mr. Boyd violated the Town's workplace violence policy by making disparaging remarks against other members of the department contributing to a toxic environment, which made employees feel unwelcome and unsafe. Chief Evers ended his statement by saying that Mr. Boyd intentionally caused operational distractions, he capitalized on the emotions of fire department members so he can manipulate them and be turned against Administration, the Chief, and Lieutenants to ensure conflict is never truly resolved. And as a direct result of his actions, Mr. Boyd does not have a place at the Stow Fire Department. October 1, 2024 2 Chair Toole then asked the Town Administrator for her thoughts. Ms. Dembkoski stated that she supports the position of the Fire Chief and the recommendation for termination. Mr. Boyd violated a direct order from then Captain Evers and violated the Workplace Violence Policy. In addition to the reasons the Chief stated, on September 10th, the Notice of Executive Session and Discipline Hearing notice was sent to Mr. Boyd around 10:50am, which restricted him from accessing any departmental business, including email. However, two hours later, he logged on to his town email and forwarded emails from his town email to his personal email. Once again, blatantly disregarding a direct order. Mr. Boyd was given a chance to respond and stated that the hearing/termination notice was not specific to identify what he was being disciplined for. And he finds an extreme amount of fault in the flawed investigation. Chair Toole asked HR Director and Assistant Town Administrator Erin Mulcahy why the Town hired an independent investigator. Ms. Mulcahy stated that the initial complaint came in on April 23rd and was based on a Firefighter being deeply concerned about a harassing email. Ms. Mulcahy met with then Captain Evers to discuss the complaint and decided they would conduct a joint internal investigation. There was another incident (unrelated) in Town that delayed the internal investigation. Additional complaints were then received and elevated this to a much more serious nature. As a result, the Town then decided to bring in an outside Independent Investigator. Ms. Mulcahy stated that she was the only person who had any contact with the Investigator to ensure the integrity and impartiality of the investigation. Ms. Mulcahy also stated that the Independent Investigator uses a secondary reviewer to look over the information and recordings and concurred with the report's findings. Attorney Jenkins read Ch. 48, s. 42A and that the town is not subject to Chapter 31 - because Mr. Boyd is an at-will employees, bylaws cannot interfere with Select Board decision and just cause is not required, only a hearing is. Progressive discipline does not apply as a Fire Lieutenant is supposed to be held to a higher standard and harassing a subordinate exposes the Town to potential liability. Mr. Boyd stated the facts of the investigation were not accurate and he did not do what the Investigator found he had done. He alleged other employees were acting inappropriately and this decision by Evers is flawed and retaliatory. He said other employees did not hear him make disparaging remarks. He also stated he is a whistleblower for exposing an FLSA error. Attorney Jenkins recommended the Chair ask Mr. Boyd who he has spoken to in the department during his Administrative Leave. Attorney Brown stated his client would not answer that. Attorney Jenkins stated that it should be noted that Mr. Boyd talked to witnesses and refused to answer questions at a termination hearing. October 1, 2024 3 Mr. Boyd then asked the Board to take into consideration his clean personnel record and asked them to think about this before making their decision. At 6:47pm, Chair Toole closed discussion. Board members asked some clarification questions and made some minor comments. The Chair stated he was ready to vote and reminded the Board that the motion on the floor was to terminate Mr. Boyd. Chair Toole called for a roll call vote: Mr. Constantzos - Aye; Ms. Hegemann Clarke - Aye; Ms. Birch McMichael - Aye; And the Chair voted - Aye - The Chair stated to let the record show the vote was unanimous.

Voted: Yes

The roll call lists “the Chair voted - Aye”; the Chair at this meeting was John Toole.

Mr. Constantzos moved to grant a permit for the Stow Area Guild of Artists for Friday, October 4 and Saturday, October 5, 2024 at Stow Town Hall, for the SAGA Open Studios. Ms. Birch-McMichael seconded the motion and it passed unanimously 4-0.

Voted: Yes

Yes: Birch-McMichael, Constantzos, Hegemann, TooleCortni Frecha recused herself from this vote (she is a member of SAGA), so Cortni Frecha is not shown voting.

Mr. Constantzos moved to approve the schedule of In Person Early Voting hours presented by the Town Clerk. Ms. Birch-McMichael seconded the motion and it passed unanimously.

Voted: Yes

Yes: Birch-McMichael, Constantzos, Hegemann, TooleCortni Frecha left the meeting at 7:23 p.m., before this vote.

Mr. Constantzos moved to approve and sign the letter of support for Masters Academy. Ms. Birch-McMichael seconded the motion. Mr. Constantzos was concerned that the letter was too detailed but does thinks that it also shows support for the permitting boards. Ms. Birch-McMichael said that a lot of the negotiations in 2021 were very collaborative with ripple effects that will benefit the community for generations, and she likes the meat of the letter. Ms. Hegemann expressed her discomfort with this letter, and felt the Board could verbally show its support in the meeting minutes or in a letter that is a general letter of support. The Board discussed addressing the letter to the public or to all boards and committees as opposed to just the permitting boards and agreed that it is an important letter so that people can understand the issue. The Board made changes to the letter. Chair Toole called for a vote on the original motion and it failed 0-4.

Voted: No

No: Birch-McMichael, Constantzos, Hegemann, TooleCortni Frecha left the meeting at 7:23 p.m., before this vote.

Mr. Constantzos moved to approve and sign the amended letter of support for Masters Academy. Ms. Birch-McMichael seconded the motion and it passed unanimously.

Voted: Yes

Yes: Birch-McMichael, Constantzos, Hegemann, TooleCortni Frecha left the meeting at 7:23 p.m., before this vote.

Mr. Constantzos moved to approve the Town Administrator Performance Review as presented. Ms. Birch-McMichael seconded the motion. The Board thanked Ms. Dembkoski for her work and agreed that the detailed comments submitted by the Board members were great. The Board praised Ms. Mulcahy's work in consolidating the comments of the five Board members into the final review. Chair Toole called for a vote and the motion passed unanimously.

Voted: Yes

Yes: Birch-McMichael, Constantzos, Hegemann, TooleCortni Frecha left the meeting at 7:23 p.m., before this vote.