The Mearn matter & comments

July 26, 2012

Commentary by Frank Schroth

The recent vote by the Board of Selectmen in executive session not to renew Town Administrator Mearn’s contract has come as a bit of a shock to our municipal system.

Boston.com – Your Town Milton reports, “Board of Selectmen chairman Tom Hurley said this week that the board was advised it had violated the state’s Open Meeting Law by deciding on a contract in an executive session, and must revote in public after a 48-hour notice is given to residents and Mearn”. (Find the full story here.) It would be helpful if Town Counsel appeared at a Selectmen’s meeting and defined for the residents what is permissible and what isn’t, what is binding and what isn’t, within an executive session. As recently as last night there was discussion at a school committee meeting about a vote taken in executive session and whether not the vote needed to be repeated publicly or whether it was sufficient simply to report it out. A reading of the open meeting law exceptions does not appear to include such a vote as the Selectmen took but a public legal interpretation will put the debate to bed.

It has been reported here and elsewhere that in the executive session Mr. Hurley supported extending the contract and Mr. Sweeney and Mr. Keohane did not. The latter selectmen advocated a “fresh start” and Keohane additionally believes that communication between the Chief of Police and Town Administrator was problematic at best according to other press reports. Mr. Hurley has cited Mearn’s record as a reason for supporting an extension.

In the meantime Mr. Mearn has returned to town hall. He may attend tonight’s session. The board will be discussing among other items the status of the Hendries building. When that was last a topic for the board Chairman Hurley noted that two engineering studies were being done; one by the town and one by the firm developing the property, Connelly Construction. Concerns exist regarding the building’s structural condition and overall safety.

Regarding Mr. Mearn, it is not surprising that the decision by the selectmen has generated a strong and vigorous response from the public. We welcome those comments. Part of our mission is to give a voice to the community on issues that matter. However, we will not publish remarks that in our opinion  characterize  actions, decisions, or statements, regarding this issue or any issue, in an excessively inflammatory or unnecessarily insulting manner. We inadvertently published one such comment earlier an have removed it. Other online venues provide forums that are more permissive and readers can take advantage of them.

The Selectmen should, and we expect will, explain their reasoning on Monday.  It is clear from some of the comments that have come in that the decision is a difficult one to understand. The contract expired and two of the selectmen have opted not to renew. Let’s hear what they say and finally decide.

13 Responses to The Mearn matter & comments

  1. malcolm larson on July 28, 2012 at 10:05 am

    There appears to be a “fresh start for Milton” campaign coming from two of the Selectmen, the same two that are in the process of firing Kevin Mearn (if they can figure out how to do it legally). A disturbing part of this fresh new direction is their negative view of long time Milton residents serving in Town management positions, by the very fact that they are “Townies”.
    The Quincy Ledger had a lead editorial (Friday, July 27th) with a similar point of view. The Ledger opinion is that “homegrown leadership” is very much like “..an old boy’s club..” and a better, more progressive way is to conduct “..nation wide searches for job candidates…..with fresh, dynamic ideas..”. Sounds a lot like the “..fresh new direction for Milton” argument. The problem is Quincy and Milton are distinctively different political places. We don’t have the pals of the Mayor in Milton. We have always had a very open and fair Town government and Milton has always had a vast number of very capable residents willing to serve on Committees, Boards and yes, paid management positions. While many towns have a problem even getting residents at meetings, in Milton we look around our packed Town Meeting and see participants of the highest caliber contributing their time and knowledge to best govern our fine Town. We also see many more recent Milton residents that have been encouraged and welcomed to take part in our Town government.
    This is a model that has served Milton well; take a look at our past four School Superintendents, three from Milton and one from a “..nation wide search”. Our past four Town Administrators; two from Milton and two from the world beyond. Our Fire Department has always looked for its members to move up the ranks and we have a fire department second to none with the son of a former Milton Fire Chief in command.
    There is no doubt that there are times that a nation wide search is appropriate for certain Milton management positions, but the Milton way that has served us for 350 years is not a problem. If there is a better place to live or a better (proven) way to run a town, I would like to know about it. What we do not need is new Selectmen changing a 350 year formula for success.It is not a problem that needs “..a new direction..”

  2. PAUL YOVINO on July 28, 2012 at 12:45 pm

    Mr. Larson’s observations are correct. Specifically, Selectman, Denis Keohane’s odd comments in Thursday’s Globe South, ” Everyone who runs this town was born and raised in this town…”,raises a serious question. Will a Milton birthplace or residence be his elimination factor and sole criterion if the town must consider hiring a new town administrator? Will Mr. Keohane be saying ‘If you were born or raised in Milton, please do not bother to apply.’

    To that point, I would note the obvious that neither Mr. Keohane nor the immediate past chairman of the Town Warrant Committee, Mr. Ewan Innes, were born or raised in Milton. Specifically, Mr. Keohane was born in Ireland and Mr. Innes in Scotland and raised in South Africa. Clearly, Mr. Keohane election and Mr. Innes’ appointment discharge Mr. Keohane’s frivolous charge.

    While Mr. Keohane’s appreciation of an individual who was born and raised in Milton appears to be pretty narrow, restrictive and highly discriminatory, Mr. Keohane should note and be made aware that during the tenure of native born Town Administrator, Kevin Mearn, town costs were held in check and no Override has been presented to the voters since 2009. At the same time, Money Magazine declared recently that Milton, Massachusetts was the second best place to live in the entire United States of America. Not a bad accomplishment for someone who in Mr. Keohane’s view is limited because he was born in Milton, Massachusetts.

    I would hope Denis Keohane would consider retracting his remarks. They severly compromise the position he currently serves.

  3. Ewan Innes on July 28, 2012 at 3:31 pm

    For the record, I was born in Kenya (East Africa) and raised in Scotland.

    On avoiding an override since 2009, I think Tacitus said it best:

    prospera omnes sibi vindicant, adversa uni imputantur.

  4. Frank Schroth on July 28, 2012 at 5:50 pm

    Naturally, Mr. Innes comment piqued my interest. Loosely translated: “Success has many fathers; but failure is an orphan.”

  5. PAUL YOVINO on July 28, 2012 at 7:23 pm

    Sorry, I misplaced your place of birth. Maybe the “Birthers” had your birth certificate confused with the President’s ;-)

    Thank you for quoting one of JFK’s favorite lines. Much to be said for a classical education.

    In praising Kevin Mearn – would say ‘coming to praise Kevin’, but that has another meaning of Shakespearean proportions – I did not mean or intend to exclude the your work and that of your colleagues on the Warrant Committee.

    As to the topic at hand I would quote Virgil : ” una salus victis nullam sperare salutem” – roughly translated, ” knowing there is no hope can give one the courage to fight and win.”

    Others in a position of elected power perhaps subscribe to the 15th century Italian scholar’s ego-manical statement – ” do omni re scibili et quibusdam alis” – ” I know everything worth knowing and more….

  6. Philip Mathews on July 29, 2012 at 11:44 am

    The phrase is “de omni re scibili et quibusdam aliis”. Only the first part, “de omni re scibilit” comes from della Mirandola. The latter part was added by someone else.

    In any event, it is always an open question in any particular instance just who knows more about the matter.

  7. Ewan Innes on July 29, 2012 at 2:13 pm

    Paul

    Indignor quandoque bonus dormitat Homerus

  8. Steve Morash on July 30, 2012 at 7:26 am

    Interesting agenda order on tonight’s Board of Selectmen’s Meeting. Almost predictable.

  9. Paul Yovino on July 30, 2012 at 9:24 am

    Please Note ! Tonight’s Board of Selectmen’s Agenda.

    The Selectmen will discuss the Town Administrator’s Contract BEFORE they open the floor to Citizen Speaks. Rather an odd way to handle this.

    We can ask that the BOS move the Citizens Speaks ahead of the discussion.

    A bit of ‘ duck and cover ‘ by this esteemed group ?

  10. Walter Jonas on July 30, 2012 at 1:28 pm

    semper ubi sub ubi

  11. Steve Morash on July 30, 2012 at 7:19 pm

    You should find out who made the agenda!!

  12. Paul Yovino on July 30, 2012 at 11:50 pm

    Addendum: According to an article on Boston.com they quote Kevin Mearn’s attorney as saying although the Milton Selectmen did not renew Kevin Mearn’s contract the technically did not terminate him for cause leaving him free to return to his desk at Town Hall on Tuesday morning. The article did not report whether Mearn would return.

    In total a very sad day for all Milton taxpayers due to the fact that no one is at the helm our Bond Rating will probably be negatively affected which will cost the town more to borrow money and more for all Milton taxpayers to pay more because of the lower bond rating. Selectman Tom Hurley warned about this but the two other selectmen, Sweeney and Keohane ignored his warning.

  13. William Mullen on July 31, 2012 at 11:01 pm

    It is incredible that Mr. Keohane has eliminated a good part of Milton’s citizenry from serving in town management positions in the future. Is this his concept of the new direction that he wants to take Milton in the next few years? In all my years in town I have never heard such a divisive remark from an elected official which turns a whole group of people into second class citizens.

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