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Commission Chairman, Percy L. Brown, Jr. called the Special Meeting/Budget Workshop of the Hancock County Commissioners to order at 8:00 a.m. on Tuesday, September 17, 2013 with Commissioners Blasi and Joy in attendance.

 

Adjustments to the agenda: None

MOTION: to enter into executive session under MRSA Title 1 §405 6(A), to discuss a status update on an employee currently on a leave of absence without pay. (Joy/Blasi 3-0, motion passed)

Commissioner Brown called the meeting back into regular session at 8:24 a.m., the following motion was made:

MOTION: to grant another 30-day leave of absence to Mr. Pinkham, to be heard at the November meeting, it is requested that a Fitness For Duty Certification be provided at that time from his primary care physician. (Joy/Blasi 3-0, motion passed)

MOTION: to enter into executive session under MRSA Title 1 §405 6(A), to discuss an employee status. (Joy/Brown 2-1, motion passed, Blasi opposed)

Commissioner Brown called the meeting back into regular session at 8:38 a.m., the following motion was made:

MOTION: to enter unto agreement with Mr. Pinkham, that he is responsible for the following amounts on the following days as specified by the clerk: $500 by October 5th, $500 by November 5th, and $269.62 by December 5th with payment of $57.71 weekly beginning September 27, 2013, payable to the County of Hancock. (Blasi/Joy 3-0, motion passed) Discussion: Commissioners Joy and Brown would like to see the agreement in written form/a promissory note which will be provided by Attorney Hamer.

Discussion: Complaint against Commissioner Blasi

Commissioner Brown asked if the discussion/complaint against Commissioner Blasi should be held in executive session.  Commissioner Blasi stated that it was on the agenda as a discussion and stated that the requested that the agenda be fulfilled as indicated, clarifying that he did not want to enter into executive session.  Commissioner Brown deferred to Attorney John Hamer who stated that after reviewing the file it appears that a large portion of the discussion would involve the credibility and performance of an employee, given that that was going to be an essential portion of the discussion, his recommended was to put it into an executive session.  Commissioner Joy questioned who had the final determination, the commissioners or the people who were going to be discussed?  Attorney Hamer stated that if both parties wanted to have the discussion in an open form it would be perfectly acceptable but suggested that it would be appropriate to get both parties to agree.  If one doesn't, in order to preserve confidentiality and one party does not agree, it would have to be in executive session.  Commissioner Blasi stated that Attorney Hamer counseled previously that the commissioner would have his choice of executive or open public discussion.  Attorney Hamer stated that in a normal circumstance a complain-e' would have the option of having the matter discussed in public session.  In most circumstances the complaining party could remain anonymous, if that were the case here he would have suggested that would be the way to go but it was relatively clear from his reading of the file that it would not be possible in this situation and the Personnel and Freedom of Access Statutes he believed that the parties would be best served by having the matter in executive session unless both parties agree that it should be in open session.  Commissioner Blasi questioned if his opinion just given was contrary to his original determination.  The answer was yes.  Commissioner Blasi stated that if the discussion is held in executive session, he requested that the Commissioner Blasi response and a description of events be entered into the record.  Commissioner Brown stated that he would not let anything into the record without first determining if the discussion would be held in open or executive session.  Commissioner Brown asked CFO Roy if he wanted the discussion to be held in open or executive session.  His response was that the discussion be held in executive session.  Commissioner Brown stated that by CFO Roy's response, it leaves no choice but to hold the discussion in executive session.  Commissioner Blasi requested that the two previously mentioned documents be entered into the record.  Commissioner Brown stated that he was not saying that the documents could not be entered into the record but he wanted to determine first if the discussion would be held in executive session as currently they had not entered into executive session.  Commissioner Blasi reiterated that the public has a right to hear a complaint against an elected official. 

MOTION: to enter into an executive session under Title 1 ss. 405 6(A) to discuss a personnel issue.  (Joy/Brown 2-1, motion passed, Blasi opposed) Discussion: Commissioner Blasi stated that the public has a right to hear a complaint in public regarding an elected official.  CFO Roy stated that he objected to Commissioner Blasi was sitting behind the bench , that the referenced complaint was against him and it is a conflict of interest and requested that he be removed from the bench at this time so that his record/vote is not recorded because it is a conflict of interest.  During the call for the vote a member of the public interrupted the vote to state that he is a member of the public.  Commissioner Brown stated that there is a motion on the floor, there is no discussion on this, no public discussion, the motion is to go into executive session, it's been moved and seconded and he called for a vote with Commissioners Brown and Joy voting yes, Blasi voting nay.

Commissioner Brown called the meeting back in to regular session at 9:48 a.m. and stated that with regard to the complaint against Commissioner Blasi, there is no action at this time.  Commissioner Joy stated that he did not feel a vote was necessary.

9:49 a.m.: Break

10:00 a.m.: Back in session.

Budget Workshop

 

 

 

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