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Council seeks to modify appeals process

Date: 8/29/2012

By Carley Dangona

carley@thereminder.com

WEST SPRINGFIELD — On Aug. 20, the Town Council conducted a public hearing regarding its proposal to amend the current appeals procedure for volunteers dismissed from multi-member boards.

"The appeal process never made sense to me," Kathleen Bourque, president of the Town Council, said. "It's [the amendment] strictly for multi-member bodies — we're seeking to refine the appeal process."

John Sweeney, vice president for Town Council and chair of its Ordinance Committee, said, "The reason for these boards is to have continuity and follow through. The amendment is for the appeal process to go to someone [other than the person who made the determination]."

The current city ordinance in Section 3-4 "Removal or Suspension of Certain Officials," part "b" "Other Town Employees," states: "A person for whom a department head has determined a suspension or removal is appropriate may seek review of such determination by the mayor by filing a petition for review, in the office of the mayor, in writing, within 10 days following receipt of notice of such determination."

Mayor Gregory C. Neffinger stated, "I find it curious that this is one of the most important issues [in the town] — that they're focusing on the mayor's capability to remove people. Let's just say the timing is not very good."

He continued, "I could just let terms expire and then I can remove people at any time I want."

Neffinger explained that allowing people to continue serving expired terms isn't ideal because it could cause them to "wonder what the mayor thinks of them" because their position hasn't been acknowledged.

"We are not taking the right of the mayor to get rid of a department head or to get rid of an employee," Bourque clarified.

"This has nothing to do with our current mayor," Sweeney stated. "It was originally looked at in 2003. Councilor Bourque became president and had the opportunity to revisit it — it was something she had planned."

Bourque validated the notion: "It's nothing against the mayor," she said. "As a favor to Mayor Neffinger, I postponed the proposal [so it wouldn't seem as retaliation]."

In February 2012, Neffinger dismissed Kathleen Cooley from the Board of Assessor's for violation of the Open Meeting Law.

"The issues in our town are so large — I don't see myself removing anyone from a board within the next year," Neffinger said.

"They [the council] ran for these seats — they must have ideas for how they want to improve the town," Neffinger said. "I'm doing other things and I'm welcoming them to participate."

The public hearing was continued until the next Town Council meeting, Sept. 4 at 7 p.m.