SOUTHWICK – Selectwoman Tracy Cesan accused her fellow board members of creating ways to restrict her governing abilities last night.
Cesan made the strong statements during a discussion of a draft executive order submitted by Atty. Demitrios Moschos, an attorney hired to represent Chief Administrative Officer (CAO) Karl Stinehart in matters of conflict between himself and Cesan, who has a dual role because she is employed by the town as administrative assistant to the fire department.
The board recently voted 2-1 to allow Chairman Arthur Pinell to meet with Moschos “to clarify” Stinehart’s job description, which Cesan opposed.
“It is my opinion that the executive order is being created to change Karl’s job description and create an ethical conflict between Karl and myself because there was an ethical (commission) ruling that there was no conflict between Karl and myself,” Cesan said.
She told Pinell and Selectman Russell Fox they were using “taxpayers’ money to render me a little more useless.”
She also said she has asked repeatedly for a report of Moschos’ fees going back to last May. Cesan said she has never received the information and Moschos has not returned her calls.
“You’re telling people I’m the reason the town is spending money on this attorney, but that’s a lie,” Cesan said.
Cesan said she submitted to Pinell her written concerns about the first draft order, presented last month. Moschos responded to her concerns, but Cesan said his response is his opinion and is not necessarily based in fact. She also pointed out several contradictions in the draft executive order and his response to her letter.
Pinell said the order was created to “define the CAO and his position with reference to employees and his oversight,” Pinell explained, adding that the draft was given to Town Counsel Kenneth Albano and Labor Counsel Fred Dupre.
The order references Massachusetts General Laws Chapter 41 Section 23A, which was accepted by a town meeting vote in August of 1963. That law allowed towns to hire executive secretaries and is the law that allowed Southwick to hire Stinehart, said Cesan.
Cesan said during her research on the law and roles of executive secretaries, she came across a 1996 amendment to that law, which was written by Moschos. Cesan handed out documentation of her findings, which she obtained through an Internet search.
According to the document, Moschos’ amendment gave towns the right to set the term “town administrator” instead of executive secretary, while keeping the same job description.
“Moschos says the change to the law has created two categories of town administrator – those with power similar to a town manager’s and those who have more restricted powers,” Cesan read from the document.
Cesan said that Southwick falls under the more restricted category because it did not create its town administrator position through a charter process, as outlined by Moschos.
Cesan said Moschos contradicts his own amendment in the executive order because he states that Stinehart has “supervision of all department heads, administrative and secretarial positions and any other positions under the Board’s jurisdiction as the town’s personnel officer or appointing authority.”
According to the online document on the amendment, Moschos states that “Town administrators who prior to 1996 would have been referred to as executive secretaries serve as agents of their board of selectmen, which retains hiring and budget-making authority.”
Fox was questioned about the intent of hiring Stinehart and said it was in the role of an executive secretary.
Cesan pleaded with Fox to carefully consider his vote and told her fellow board member they went “too far” with the executive order.
Pinell said he would not respond to Cesan’s accusations and questions last night without receiving them in writing because they were “lengthy.” Pinell reiterated that the purpose of Moschos and the order was “to clarify the role of the CAO for all employees.”
“There is language in the CAO’s job description and employee handbook that appears to be a little bit vague,” said Pinell.
He and Fox both stated that the order was a draft and is still a work in progress.
“I think Attorney Moschos has given us some guidance. We’re not reinventing the wheel,” said Fox.
“But we are reinventing the wheel,” said Cesan. “I don’t think Mr. Moschos best represents the town’s interests.”
Pinell suggested the board table a vote for further review of the order.
