PUBLIC NOTICE OF GRAY TOWN COUNCIL EXECUTIVE SESSION
THURSDAY SEPTEMBER 29, 2005 at 6:00 P.M.
STIMSON HALL
6:00 p.m. The Gray Town council shall convene an executive session under MRSA 1, CHAPTER 13, SECTION 405, 6-A, “Discussion or consideration of the employment, appointment, assignment, duties, promotion, compensation, evaluation, disciplining, resignation or dismissal of an individual or group of public officials, appointees or employees of the body or agency.”
Adjourn – No action shall be taken at this meeting
September 29, 2005 Town Council Minutes
Present were Council Members Andy Upham, Gary Foster, Skip Crane, John Welch, and Denise Duda (arrived at 6:15). Others present were The Monument editor Elizabeth Prata, Gray News contributor Nathan Tsukroff, and former Councilor Matt Sturgis.
The Gray Town Council convened at 6:00 pm on September 29, 2005 with Denise Duda absent. The only item for discussion was an executive session per MRSA Title 1, Chapter 13, §405, §§6-A “Discussion or consideration of the employment, appointment, assignment, duties, promotion, compensation, evaluation, disciplining, resignation or dismissal of an individual or group of public officials, appointees or employees of the body or agency…”
At 6:03 pm, a motion was made by Mr. Upham and seconded by Mr. Crane to go into Executive Session. Council voted 4-0 in favor of the motion to go into executive session. Immediately after the vote was taken, Matt Sturgis asked to speak.
Mr. Sturgis raised concerns regarding the legality of the Executive Session, citing the above stated State Statutes, and in particular subsection 6-A-(2) “Any person charged or investigated shall be permitted to be present at an executive session if he so desires.” He suggested that the Town Manager should have been invited according to this provision.
Chair Gary Foster stated that no one is being charged or investigated, and therefore not entitled by law to be present if he or she so desires.
Council member Denise Duda arrived at 6:15 pm, indicating that she was delayed by traffic congestion.
Mr. Sturgis further suggested that if an employee is terminated as a result of discussions in this Executive Session, the Town could be subject to a law suit.
Elizabeth Prata offered that she was a member of the committee to review and recommend changes to Maine’s Freedom of Access Act, and is a strong advocate of the right to information, and open public meetings. It is her view, based on this experience, that the Executive Session is legal and legitimate as cited.
Council Chair Foster again stated that no person is being investigated or charged, and Council is not discussing termination of any person.
Mr. Sturgis repeated his opposition to the Executive Session and urged Council to reconsider.
Council thanked the citizens for their comments, and went into Executive Session at 6:22 pm.
Council voted to come out of Executive Session at 9:06 pm and adjourned.
Respectfully submitted,
Gary Foster
Chair, Gray Town Council
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