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Date: 4/21/2016
EAST LONGMEADOW – The Board of Selectmen revoted to terminate interim Town Administrator Gregory Neffinger at its April 19 meeting, after it was determined that the board’s initial firing of Neffinger on April 13 was a violation of Open Meeting Law.
Selectman Kevin Manley told Reminder Publications prior to the April 19 meeting Town Counsel James Donahue informed the board that the vote to fire Neffinger was not specifically noted on the prior meeting’s agenda.
“We’re going to fix it before it becomes an issue with people making a complaint with it,” he added. “We’ll do the right the thing.”
The board gave Neffinger, who was not present during the April 19 meeting, his 10-day notice.
Manley said prior to the meeting Neffinger hasn’t shown up to work at Town Hall since April 14.
He added he expects a new interim town administrator to be appointed within a month.
The issue brought with it a sense of irony as prior to illegally voting to fire Neffinger on April 13, the board originally addressed two different Open Meeting Law violations.
Town Counsel James Donahue told the large crowd on April 13 a resident filed allegations of Open Meeting Law violations against the town with the Attorney General’s office (AG) regarding the votes and actions taken by the board at its March 16 meeting, which were reviewed by Donahue.
The board’s March 16 vote to offer Neffinger a permanent town administrator contract is considered a violation of the Open Meeting Law because the language on the agenda read, “interim town administrator’s contract,” he noted.
He said he believes the agenda item “didn’t give sufficient notice” to the public that Neffinger could be offered the job in a permanent capacity.
“The discussion really turned into the discussion of a permanent [town] administrator’s contract, so my recommendation, should they decide to follow it, is to vote to rescind the action that was taken under that article and then they can revote it in the future,” Donahue said.
Donahue said once an Open Meeting Law violation is alleged and received by the board, it has 14 days to provide a response to the complaint to the AG and correct any deficiencies or take no action at all.
The selectmen voted 2 to 1, with Gorman opposed, to rescind Neffinger’s permanent contract. After this decision was made, Board of Selectman Chair Paul Federici said he would entertain a motion to terminate Neffinger’s interim contract. New Selectman Kevin Manley, sitting in his first meeting in an official capacity, made the motion, which Federici seconded out of necessity after Gorman declined to second it.
An audience of close to 100 people erupted into applause and loud cheering after the 2 to 1 decision was made during the embattled town official’s initial termination on April 13.
The board began in open session, but when an agenda item regarding Neffinger’s contract was addressed, the selectmen, Neffinger, and Town Counsel James Donahue moved into a lengthy executive session before returning.
Gorman said he believes the termination of Neffinger’s contract was a “political move” by Federici.
“Paul just left the town in a bad state because we got the two people that are retiring, we’ve got a Town Meeting coming up with no town administrator and now we got put it out and go look for one and if they want to do it the proper way, like they say they want to do it, it’s going to take a month or two,” Gorman explained. “We’re going to be in deep trouble.”
Federici said the decision to fire Neffinger was partially made “to get the confidence back in the town.”
He added, “I’m not saying that [Neffinger] has done anything personally. [The decision was made] to sort of change things around and get the town ready for the new form of government.”
Manley said he believes Neffinger “got his proper 10-day notice” and suffered “no undue harm by the contract that he originally signed.”
According to Neffinger’s interim contract, the selectmen may terminate the contract at any time for any reason or “no reason” by delivering Neffinger a 10-day written notice. The contract was due to expire on June 30.
Manley said prior to the board’s April 19 meeting Neffinger would be paid a 10-day severance.
Manley said before the start of the April 13 meeting former Selectman Angela Thorpe, who was the sole negotiator of Neffinger’s permanent contract, and Gorman signed the now rescinded permanent contract on April 12.
“I met with Mr. Neffinger [on the afternoon of April 13] at Town Hall [and] he told me himself that the contract was signed by two selectmen,” Manley said. “He told me that included in that contract is a two-month severance safety net so that if he was let go he would be entitled to two months’ salary.”
He added he was told the contract was not signed by Town Accountant Sara Menard.
Federici said after the meeting he was presented with the contract via an email from Neffinger on April 13.
The second potential violation was Selectman William Gorman’s motion to remove Federici as chair, which Donahue said was illegal because the agenda only listed “statement from Selectman William Gorman” and did not give notice of the Gorman’s motion.
Earlier in the meeting, the board voted unanimously to appoint Federici as chair once again. Manley made the motion, which was seconded by Gorman.
Gorman made a motion on March 16 to remove?Federici from the chair and installed Thorpe as chairperson, who placed lasted in the preliminary election the day before.
Gorman also previously made a motion to make Federici chair during the board’s Sept. 16, 2014. Thorpe was voted out as chair. The action came in response to complaints by resident Steve Steitz, who called for Thorpe’s resignation, citing allegations of mismanagement of town employees and abuse of power.
Neffinger did not respond to a request for comment as of press time.
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