Before the start of last night’s meeting of the Board of Selectmen; the atmosphere at the Council on Aging was almost funereal: dark suits, somber faces, and hushed conversations. The majority of the crowd of about fifty people were there in support of Kevin Mearn, the Town Administrator whose contract the Selectmen had recently voted not to renew in an executive session. The vote was going to be retaken in open session due to open meeting law violation. The outcome was the same. The Selectmen voted 2-1 not to renew with Tom Hurley voting for and Bob Sweeney and Denis Keohane voting against.
Chair Tom Hurley began by addressing a small agenda snafu. The agenda had Citizen Speak appearing after the discussion of theTown Administrator’s contract. Mr. Hurley said Citizen Speak would be first and that anyone who wished to speak would have the opportunity to do so. Hurley then went on to read a letter into the record from Mr. Mearn in which he said he would resign in June 2013. Recognizing that the Selectmen might want to to begin a search early and start someone sooner, he further proposed that he was open to negotiating an early retirement.
Hurley then invited people to speak to the issue. Paul Yovino was the first to speak and he presented a petition with 165 signatures requesting the Selectmen reinstate Mr. Mearn. Yovino noted that “Everyone can be replaced; but it is how you do it.” Yovino said that the manner in which the Selectmen were removing the TA was tearing at the fabric of the town.
Among those who spoke were a number of past town officials including former Town Administrator John Cronin, former Selectmen John Michael Shields, former Fire Chief Macolm Larson, as well as citizens like Kevin Shea who had never attended a meeting before. They spoke of Mearn’s committment to the town, their disappointment in the Selectmen’s action, their feeling that Mearn was not being dealt with fairly, a desire to hear why the Selectmen made the decision and the timing of it, and urged them to reconsider. Three of Mr. Mearn’s children appeared to thank the those who had supported their father. People stood and applauded at the end of their remarks.
Mr. Hurley asked, if in light of the letter and citizen comments, the board would want to consult with a labor attorney to review further. They did not. Mr. Keohane asked for confirmation from Town Counsel that the Selectmen were not taking a firing action but electing not to renew a contract and proceeding legally. Counsel confirmed they were. Mr. Sweeney said, “It’s decision time.” He thanked those both pro and con who had contacted him and spoken during the session. He went on to explain that he had attempted for two years to establish a professional relationship with Mr. Mearn and had been unable to do so. He said he had indicated to Mr. Mearn that he was not inclined to renew his contract this past June and had not seen any change in the relationship. Mr. Sweeney made the motion not to renew the contract and to begin the search for a new director. It was seconded by Keohane and opened for discussion by Hurley. There was little. Mr. Hurley said, “I think what we are doing is regretful . . . I don’t have the votes to keep Kevin.” The motion passed 2-1.
Mr. Mearn then made a statement. He said, in part:
While I can’t claim to be surprised by the Board’s vote this evening, I am deeply saddened by what I perceive to be a failure of leadership by a majority of our Town’s elected officials. . . While the board has chosen, for reasons only they can know, to make this issue personal, it was never personal to me. This is an issue of policy, an issue of governance. . . I am confident that my ultimate successor will be able to build upon my work for the benefit of the citizens of Milton. Until then, I intend to continue working diligently for the betterment of our Town.
The statement was greeted by standing applause. You can find the complete text of Mr. Mearn’s statement here.
The Selectmen voted to appoint Annmarie Fagan interim Town Administrator and also voted a salary of $125,000 a year. Mr. Sweeney noted that he “had been impressed with her performance.”
Lastly, Mr. Hurley said that going forward “New Business” and “Old business” could not be listed as stand alone agenda items according to changes in the Open Meeting Law. It was necessary to list what those items or issues would be. The Selectmen then adjourned.