A Southwick police officer, rear, watches Southwick Town Clerk Michelle L. Hill, pass a set of documents to Southwick town attorney Kenneth J. Albano, of the law firm Bacon & Wilson, during last night’s selectman’s meeting after a complaint was filed against Selectwoman Tracy L. Cesan. Hill filed the complaint Jan. 27 and accused Cesan of being unprofessional with regard to a Freedom of Information request from a citizen. (Photo by Frederick Gore)
SOUTHWICK – Selectwoman Tracy Cesan and Town Clerk Michelle Hill clashed during a complaint hearing last night.
Hill filed a complaint against Cesan, who waived her right to an executive session and chose to address the complaint in open session.
Town Counsel Ken Albano was asked by Board of Selectmen Chairman Russell Fox to conduct the hearing.
Albano allowed both women to speak, uninterrupted and without questions, then allowed for rebuttal.
Hill filed the complaint Jan. 27 and accused Cesan of being unprofessional with regard to a Freedom of Information request from a citizen.
The resident was looking for an audio copy of the Aug. 26, 2013 board meeting which was overwritten by mistake the next day, according to Hill. Cesan had recorded the meeting herself and had a copy of the audio. The resident was given Cesan’s phone number to make arrangements for a copy.
Southwick Selectwoman Tracy L. Cesan reads a prepared rebuttal statement in response to a formal complaint filed by Town Clerk Michelle L. Hill. Hill filed the complaint Jan. 27 accusing Cesan of being unprofessional with regard to a Freedom of Information request from a citizen. (Photo by Frederick Gore)
Hill said Cesan sent her an email reprimanding the clerk for her response to that request.
“She thought I did a terrible job,” said Hill, “but I never received the audio directly from Mrs. Cesan.”
Hill said Cesan also wanted the office to provide the CD free of charge.
Cesan responded to the statement and said Hill’s account of the situation was “misleading.”
Cesan said the request was made Dec. 5 and she was not contacted by anyone to provide a copy of the meeting audio even though she said Hill and Selectmen Assistant Sondra Pendleton both knew she had it. Cesan said instead of calling her directly, the resident was given Cesan’s phone number to deal with Cesan directly.
“Ms. Hill and her office staff never requested the tape,” Cesan said.
Kenneth J. Albano, left, from the law firm of Bacon & Wilson and representing the Town of Southwick, discusses a complaint lodged against Southwick Selectwoman Tracy L. Cesan, right, during a public open meeting session at the Southwick Town Hall Monday evening. Michelle L. Hill, Southwick town clerk, filed the complaint against Cesan Jan. 27 and accused Cesan of being unprofessional with regard to a Freedom of Information request from a citizen. Listening in the middle is Cindy Pendleton, administrative assistant for the Town of Southwick. (Photo by Frederick Gore)
Cesan said after speaking with the resident, she contacted Albano to see whether she was allowed to give the resident a CD. Albano said she could but he wanted to review it first so Cesan said she sent a copy to Albano.
Cesan wondered why Hill did not reach out to her and said she included Hill on an email Jan. 2 stating that Cesan was giving Albano the CD. Cesan further stated that Hill was included in a second email later in January and she left her a voice message to call her and Hill refused to communicate with her.
“We have a department head refusing to speak to a selectman,” Cesan said. “(Hill) states she is under no obligation to speak to me as a selectman. I believe she is.”
Cesan addressed the comments about giving the disc for free. Hill said she was within the law to require payment. Cesan cited The Guide to Mass Public Records Law which Cesan said states that employees are encouraged to waive fees in order to give access to documents to residents.
“I requested the copy I made be given to Person A free of charge because it was my time and my supplies and the town does not pay for my services as a selectman,” Cesan said.
Cesan said it was Hill who behaved unprofessionally and did not respond to the resident’s request in a timely manner and did not reach out or respond to Cesan.
When Albano gave Hill the opportunity to rebut Cesan’s statements, she said most of what Cesan said was untrue.
“Anything I have done is by the law,” said Hill. “It was adopted by this board Nov. 25 and I follow it to a T,” she said of the town’s information request policy.
Hill added that Cesan was blaming Hill for something that was not her fault.
“The town clerk is not responsible,” Hill said in reference to making requests for the audio. “I am just the record keeper.”
The board held a brief executive session then reconvened into open session. Fox then addressed the situation.
“We have two individuals who view this matter differently,” said Fox. “I hope we can take a step back and try to diffuse the situation.”
Fox asked that everyone behave with professionalism and respect and move forward.
