LANESBOROUGH, Mass. — Nearly 20 residents and town staff members filled Town Hall on Wednesday as the Board of Selectmen discussed an Open Meeting Law complaint (see below) concerning the town's new administrative assistant.

 

The board members met and immediately voted to enter an executive session to discuss the complaint, filed by resident Darren Derby, with their legal counsel. The board apologized for the violations and said all three board members planned to retake their ethics tests and add an open forum back to meeting agendas.

 

"I publicly apologize for that," board Chair John Goerlach said, acknowledging the violations mentioned in the complaint after exiting the executive session. "I look forward to making sure that doesn't happen again."

 

Derby, who filed the complaint in late January, was unable to attend the meeting in person. His complaint alleges the board committed several violations at a Dec. 21 meeting, including entering an executive session without it being on the meeting agenda, not informing the public of the executive session and interviewing a candidate for the open town secretary position without informing the public.

 

Public boards are required to interview finalist candidates for positions in open session.

 

Jodi Hollingsworth, the town tax collector, said the board did not inform staff of the hiring of Makayla Zonfrilli, who is the fiancée of new Town Administrator Joshua Lang, beforehand. Staff was also unaware of the change in job title for the position, from town secretary to administrative assistant.

 

"We were totally blindsided by the change in the job description," Hollingsworth said. "We were expecting a secretary -- secretary pay, secretary duties. And the day after, not even knowing the interview had taken place, Josh did meet with us and explained to us the change. We had no idea. And when we did find out more details. We were, frankly, insulted."

 

Hollingsworth said the Selectmen did not offer the position to anyone who was already on staff, causing several longtime staff members to become frustrated, with some quitting after the incident. She expressed concerns about the lack of communication in addition to several other issues, including the administrative assistant position being a contract position, hours and vacation time the position receives and the position's additional stipend for grant writing.

 

"We don't have any opportunity to earn any extra anything here," she said. "I did explain to Josh and Makayla both that this is no reflection of them personally. It was what the board did, basically behind our back with no warning. And we take serious offense to that. You kind of slapped us in the face."

 

Town Clerk Ruth Knysh said she felt the board treated town employees inconsistently with hours and pay. Several other residents in attendance expressed similar concerns about the situation and the violations involved.

 

"It just seems like everyone isn't treated fairly, I don't think," Knysh said.

 

Selectman Gordon Hubbard recognized the inconsistencies and said work is underway to revamp the personnel policy. He said the updated policy should eliminate any issues town staff have.

 

"That's one of Josh's big goals, is to get the personnel policy aligned," he said. "So everything is set in stone. And I asked [former interim town administrator] Bob Markel and also Josh to also look at the salaries, to make sure the salary structure where it's readily obvious where you are, where you're going."

 

Selectman Michael Murphy apologized for the mistakes, saying he feels the board made missteps. He said he feels Town Hall employees are compensated fairly but understands concerns regarding inconsistencies.

 

"I hear what you're saying," he said "And I think that there's some opportunity here, if we're allowed to try to look at it and reflect, to make some corrections."

 

Resident Barbara Davis-Hassan said what concerned her the most about the incident was the lack of job postings for the position, which she said violated the town's personnel policy. She said she considered this violation of policy especially concerning because Zonfrilli is Lang's fiancée.

 

"When you create a new job, you don't just go behind closed doors and give it to somebody," she said. "It's really, completely, outside of the personnel policy to do that."

 

The board disagreed with the sentiment that Lang and Zonfrilli's relationship status was an ethical issue, with Murphy noting state ethics cleared the hire. When asked to provide the paperwork of this clearance, Lang said he would need to discuss with legal counsel to ensure the town could release those documents.

 

"Josh and Mikayla both got clear instructions as to what to do now, and once they became married, what to do then," Murphy said.

 

The board's next meeting is on Feb. 16.