Littleton, New Hampshire

Unsealed Nonpublic Minutes Oct 19, 2010

TOWN OF LITTLETON
BOARD OF SELECTMEN’S MEETING
TUESDAY, OCTOBER 19, 2010
3:00 PM
LITTLETON TOWN OFFICE CONFERENCE ROOM

Present: Chairman Ron Bolt, Vice Chairman Ed Boynton, Selectman Marghie Seymour, and Executive Secretary Ceil Stubbings

The board was already in session for a budget preparation meeting when Seymour made the motion to go into a Nonpublic Session per RSA 91-A:3, II (a) to discuss an issue with the Town Manager’s contract. A unanimous roll call vote was taken and the board entered into the nonpublic session at 5:20 PM.

Seymour reminded the board that she had talked with Connell about her belief that he was in breach of his contract by not having moved to Littleton and establishing residency. Seymour stated that at the October 14th meeting she had advised Connell she would contact the Town’s Attorneys to ask for their opinion. She had forwarded the attorney’s opinion to both Bolt and Boynton for them to review. The attorney’s opinion is that Connell is in breach of his contract by not moving here within the twelve months as required by the contract. Seymour said that even though the board had granted him verbal permission to not move here, the terms of his contract state that any change must be in writing. With nothing in writing it was not a valid change. Seymour said the way the contract was written, even if he is in breach of it, the board is limited as to what they can do about it. The contract does not say that he could be either forced to renegotiate the terms or terminated for breach of contract and any attempt to force a change or terminate for breach could result in litigation costs and no guarantee of a win. Seymour said there is a grey area whether or not having Connell simply renting an apartment here would meet the requirement of residency. She stated that Connell had previously told the board that he would not be setting up residency but would rent an apartment. Seymour asked the board to consider their options. If the board decides to terminate the Town Manager for breach of contract they would have to pay a six-month severance package and all of his benefits. They could also consider renegotiating the contract to make it clear that we have given him permission not to move here or that states that he does have to move here or he will be terminated.

Boynton said he had read the email forwarded by Marghie regarding the Town Attorney’s opinion. Seymour said the board has to decide whether or not Chuck needs to live here. Part of the reason for living here is to show the Town Manager has a stake in the community. After further discussion regarding the residency clause in the contract the board decided by consensus to ask Connell to consider renegotiating the contract in exchange for not moving here. The board would advise Connell they would like to shorten the Severance Package clause in the contract to one more year instead of three. Seymour made the motion to seal the minutes. After discussion, the board decided to seal the minutes indefinitely. Boynton seconded the motion. Motion passed 3-0 by a roll call vote. Seymour made the motion to come out of nonpublic session. Boynton seconded the motion. Motion passed 3-0. The public session reconvened at 5:57 PM. Bolt asked for a motion to adjourn. Seymour made the motion to adjourn. Boynton second. Motion passed 3-0. The meeting adjourned at 5:58 PM.

Respectfully Submitted
Ceil Stubbings

The Town of Littleton prohibits discrimination on the basis of race, color, national origin, sex, sexual orientation, religion, age, disability, marital or family status. The Town of Littleton is an equal opportunity employer.

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