In Board of Selectmen .

March 3,2009

Page 4 of 12 EXECUTIVE SESSION

Present: Department of Public Works Commissioner T~Pi DeMaio, Highway

Director Kevin Joiirison~ '" .

, Commissioner DeMai'o provided spJ;'eads,h~ets' to the Board detailing bid submittals, for curbside collection. The Board discussed the vartous options and priciUg ~oinp'8:risotis. Also discuss~d''W'as,tbe formula (or calculating benefits and determiriiifg the cost of all employee pei-fQrm,ing other' d'trt~es~ for instance curbside'

collection and snow 'removal. " -,', " , '

Therewas no vote. Tobediscussed further.

.' .. - '.~.

On motion, it was unanimously,

..

. .

VOTED: 5-0 To' reconvene in open session,

..

In Board of Selectmen March 17, 2009

Page 4 of 19

EXECUIVE SESSION

COLLECTIVE BARGAINING

Labor Counsel Liz Valerio and Human Resources Director Sandra Dellow appeared to discuss strategy relative to collective bargaining.

Town Administrator Richard Kelliher reviewed his memo concerning labor

agreements, dated March 13, 2009, as follows: .

Town labor contracts expire this 'June 30th• School contracts also expire this summer. The only exception is the agreement with the Telecommunications Dispatchers, with whom we negotiated a 4/2 schedule with minimal wage increases, contract expiring June 30, 2011.

Weare requesting the Board's authorization fo proceed with a bargaining agenda based on the outline below. The Town's Negotiating Team will develop proposals for each set of negotiations predicated upon t4e core areas thatthe Board authorizes for bargaining. As has always been the case, the Negotiating Team will meet with the Board to both provide updates and seek direction at appropriate junctures in the negotiating process.

The Board discussed the bargaining issues. The Board will continue to work on negotiations.

On motion, it was unanimously,

VOTED: 5-0 To reconvene in open session.

In "Board of Selectmen March 24,2009

Page 4 of20 EXECUTIVE SESSION

Present: Department of Public Works Commissioner Tom DeMaio, Deputy Commissioner Andy Pappasterglon, Highway Director Kevin Johnson.

. .

, .

Collective ~argaining

Commissioner DeMaio revieweda spreadsheet comparing the cost of contracting out tras,h coll~~tion, vs. k~epbi.g it in-house.

The Board discussed the cost comparisons. ' It was determined that there was not a compelling argument to pursue it at this time. Mr. DeMaio stated that the waste hauling business is changing rapidly and it is not easy to predict the future-of this business.' There could be other options going 'forward.

On motion, it was unanimously, 5-0

VOTED: To reconvene in Open Session.

," I

In Board of Selectmen March 31, 2009

Page 4 of 15

~.-. ,

EXECUTIVE SESSION

Present: Director of Human Resources Sandra DeBow, Special Counsel Liz Valerio.

Collective Bargaining

Director of Human Resources Sandra DeBow reviewed a draft copy of the specific proposals recommended to be presented to the IAFF Local 950, Firefighters Union, The Board discussed the issues.

On motion, it was unanimously,

VOTED: 5-0 Favorable Action on the initial proposal for collective bargaining.

VOTED: To reconvene in, open session.

In Board of Selectmen Apri114,2009

Page 4 of39 EXECUTIVE SESSION

Selectman Allen arrived

Present: Director of Human Resources Sandra DeBow, Chief O'Leary

Collective Bargaining

Director of Human Resources Sandra DeBow reviewed a proposal for collective bargaining with the Brookline Police Association. The proposal is dated July 1,2009, and was drafted on April 13, 2009.'

. -

Ms. DeBow reviewed the proposal for collective bargaining with the Local 1358, AFSCME, dated July 1,2009 .. The proposal was drafted April 10, 2009.

The Board discussed the proposals, there was no vote.

On motion, it was unanimously,

VOTED: 5-0 To reconvene in Open Session.

c

"

In Board of Selectmen May 12, 2009

Page 5 of28 EXECUTIVE SESSION

Litigation

Present: Director of Human Resources Sandra DeBow, Benefits Coordinator Chris

McLaughlin.' ...

as a stone mason,

... u ...... IJPJL ... u."'u of

The Town has been in litigation for two years and.it was determined that with' the information given "and the impartial medical exam ordered by tile State, the Town has substantial exposure under partial disability benefits should they proceed to hearing,

Ms. Delrow stated' that outside counsel has recom~ended that the Town seek to .settle the case prior to hearing: and settle based on a partial disability in the amount of $25,000.00.

is receiving a 'disability retirement from the Town.

On motion, it was unanimously,

VOTED: To settle amount of $25,000.00.

Worker's Compensation case in the

Litigation

Present: Town Counsel Jennifer Dopazo, Outside Environmental Counsel Nancy Kaplan, Public Works Commission Tom DeMaio

Selectman Goldstein recused himself.

III - - • ~

- - - . - . - - - -

,

On motion, it was unanimously,

In Board of Selectmen May 12,2009

Page 6 of28

EXECUTIVR SESSION cont'd

..

.. ..

Selectman De Witt left the meeting

COLLECTIVE BARGAINING

Labor' Counsel Liz Valerio and Human Resources DirectorSandra DeBow appeared to update the Board on the status of Collective Bargaining negotiations.

Present: tabor Counsel Liz Valerio, Human Resources Director Sandra

DeBQw, Chief O'Leary. .

Labor Counsel Liz Valerio reviewed a draft Memorandum of Agreement between the Town of Brookline and the Brookline Police Union, Local 1959.

On motion, it was unanimously,

VOTED: 4-0 To authorize Labor Counsel Liz Valerioto proceed with the negotiations as discussed .

. On motion, it was unanimously,

VOTED: To reconvene in Open Session

In Board of Selectmen June 2, 2009

Page 4 of12 EXECUTIVE SESSION

. I !lL\. .. t1.--c I •

V YjV'\ .

Collective Bargaining

Town Administrator Richard Kelliher updated the Board oil health insurance negotiations. There have been three meetings with the Public Employee Committee since March. The Board discussed the prospect of submitting a proposal to the unions, and what it could entail.

There was no vote.

On motion, it was unanimously,

VOTED: To reconvene in public session.

In Board of Selectmen June 9,2009

Page 5 of44

Workers Compensation

Present: Director of Human Resources Sandra DeBow, Assistant Director of Human Resources Leslea Noble.

Ms. Noble outlined the worker's compensation claim of r a

Alt~h it was uncovered that the claimant had a pre-existing .

pa gy .. the~ the Town's attorney believes the employee would be awarded

partial benefits at hearing. Partial benefits would cost the Town $93k in the next five years. At that time the employee would be able to seek permanent and total benefits. Outside counsel recommended a settlement of $20,000.00. This would remove the threat of an order to pay partial disability and future claims.

On motion, it was unanimously,

VOTED: Favorable Action to settle the worker's compensation claim of in the amount of $20,000.00.

Collective Bargaining

Present: Director of Human Resources Sandra DeBow, Benefits Coordinator Kathy McGinnis.

Town Administrator Richard Kelliher reviewed his memo:

Bargaining History

Last year the Town and the Public Employee Committee (PEC) engaged in an extensive process to analyze the costs and benefits of changing group health coverage for Brookline Town and School employees, retirees and their dependents. We collaborated on the selection of a group health consultant and on the joint development of a RFP seeking proposals from individual insurance carriers and group programs. Despite the exchange of proposals between the Town and the PEC, the December timeframe for FYIO plan year commitments passed without reaching agreement.

In March, 2009 the Town wrote to the PEC urging that the parties re-engage in negotiations as soon as possible in light of our facing an "unavoidable budget cutback environment", Without hesitation the'PEC agreed to renew bargaining and three meetings were subsequently held. At the first of these meetings the PEC stressed that the negotiations not start all over again and urged the Town to recognize unanimous union concerns particularly in regard to employees with greater potential for cost exposure that might result from changes in plan design.

During the course of these meetings, the PEC and Town spent considerable time reviewing data compiled by our consultant Longfellow Benefits. The data provided all of us with a realistic assessment of total costs/savings along with average member

In Board of Selectmen June 9, 2009

Page 6 of44

costs/savings if the town were in a position to transition to either the State Group Insurance commission (GIe) or the West Suburban Rate Saver Program on July 1,2009.

Towl.1 Prop.osal Background

In light of-the extent 'of the premium savings that can be realized by the Town and employees alike by transitioning to the-Gle the Town proposes that Brookline enter the OIe as soon as possible. There .are several reasons for this proposed change:

• GIe Premium savings as of July 1, 2009 are now calculated to be one third greater than those afforded by West Suburban Rate Saver programs ($5.6 million

vs. $3.75 million). * '

• These savings are higher than estimated in last year's RFP process suggesting that GIe costs will continue to trend lower in the future as has been confirmed to be the case in the past.

• Despite the significantly greater premium savings projected from the GIe, the estimated increased out of pocket exposure for active subscribers on average is comparable in both plans.

• Asaresult of#le above, the net projected impact (reduced premiums minus average subscriber out of pocket exp a sure ) is expected to be about$1.000 more favorable for our average HMO Blue current subscribers and $161 more- favorable for our average Blue Choice subscribers by switching to the GIe rather than the WSHG Rate Saver Plans.

• The relative disadvantages are more pronounced for Medicare eligible retirees in the WSHGthan with the GIe.

. -

• Despite mixed response from statewide unions and opposition.bythe Municipal Association legislation is progressing as part of FY20 1.0 state budget which would "box" localities into a group health changeprocessweighted toward steering

cities and towns into the GIC.

Premium Mitigation Propo,sal

Even, tho 'Ugh estimated premium savings for active subscribers are projected ($1.38 million) to exceed estimated increased out of pocket expenses ($1 million) the Town proposes to previdepremiummitigation to further offset potential utilization costs. The proposed mitigation is equal to' approximately one half (SO%) of total estimated out of pocket ,exposure ($500,0'00) and one half of average per member exposure

($ 125ImeI!;lber). The. extent of mitigation per active subscriber/employee is illustrated below.

:# Menibers per Subscriber 6

4

Annual Mitigation $750

$500

In Board of Selectmen June 9, 2009

Page 7 of44

2

1 (Individual)

$250 $125

;.

The net effect of this mitigation proposal is that a family of four currently in HMO Blue would realize a premium reduction of $1 ,346 if they could enroll in the GIC Unicare PPO and also receive $500 in premium mitigation totaling $1,846, or close to double the estimated increased out of pocket cost of $1,044 (4 members x $261 estimated per member cost). Other provisions of this mitigation proposal are:

• J

*Worksheets from Longfellow Benefits appended to this proposal.

.• Mitigation to be provided as quarterly offset against premium withholdings.

I'

I:

I

• Mitigation not taxable; not pensionable.

• If Health Reimbursement Accounts become allowable for GIC Municipal participants (as is now proposed in pending legislation) the premium mitigation proposed above would be provided in equivalent amounts as payment to such Account( s).

'.

• The proposed mitigation would be made available to current active subscribers as of the date of agreement. Future active subscribers employed after the effective date of agreement are not eligible to receive the proposed mitigation.

o'

r

• If mitigation for current active subscribers only is not legally allowable, then it is proposed that the mitigation expire at the conclusion of the agreement.

If agreement can be reached on mitigation for active subscribers, the Town will also present proposals for Medicare eligible retirees and out of area subscribers. These proposals would ensure hold harmless cost arrangements for both these groups. Assuming the value ofthe active mitigation to be approximately $500,000 the total value of these steps combined (actives mitigation and hold harmless for retirees and out of area subscribers) is estimated as approaching $740,000.

Other Provisions

• Current reimbursement program for in-patient and out-patient costs would be discontinued upon implementation of proposed mitigation plan.

• Commencing in the second year of the agreement the Town would have the unilateral right to discontinue accepting new members into the opt-out program subject to consultation with the PEC.

• The Agreement term will be for six years as allowed under Section 19 of G. L. c. 32B.

In Board of Selectmen . June 9,2009

Page 8 of44

• In recognition of the meeting momentum to date and also of the deadlines' ahead, the Town requests notice of PEe intention within two weeks to submit counter proposal and submitted of actual counter proposal by July 17, 2009.

• Thank you for your consideration of this critically important matter.

The Board discussed possible outcomes of the proposal.

On motion, it was unanimously,

VOTED: To authorize the Town Administrator to proceed with the proposal to the PEC on the entering into the GIC.

On motion, it was unanimously,

VOTED: 5-0 To reconvene in open session.

In Board of Selectmen June 16,2009

Page 4 of33 EXECUTNE SESSION

Selectman Benka arrived 6:05 p.m:

Litigation ,

Present: Directorof Human Resources Sandra Delsow .

Director of Human Resources Sandra Dellow updated the Board on a recent meeting with' the PEe on group health issues.

Town Admmistrator Richard Kelliher updatedthe Board on the Fire Department contract including the number .of vacant positions and minimum manning. The Chief has requested a partial lifting of tlie hiring freeze.

On motion, Itwas unanimously,

. .

VOTED: To reconvene in. public session.

PUBLIC COMMENT

r:

In Board of Selectmen June 23,2009

Page 4 of 50 EXECUTIVE SESSION

COLLECTIVE BARGAINING

. .

COLLECTIVE BARGAINING

Present: Chief O'Leary Db-ector of Human Resources Sandra DeBow

. ,

Town Administrator Richard J. Kelliher stated that the State has cut the Quinn Bill benefit. Cities and Town's can pay up to 50% of that cut. Mr, Kelliher is recommending the Town 'pay the 50%.

• ,. ~.r-

In Board of Selectmen July 14, 2009

Page 4 of Zl . EXECUTIVE SESSION

. -: ~

Present: SpecialLabor Counsel Liz Valerio.Director of Human Resources

Sandra Dcllow, and ChiefDani~l O'Leary . . . .

Grou'p Health

_ .~'t5" .rr

.. "Presen.t: Special Labor Counsel Liz Valerio, Direttor of Human Resources Sandra Delsow, Benefits Coordinator KathY··McGiilli.is, and consultant Pat

Haraden,

~ :

Director of Human 'Resources Sandra DeBow outlined recent discussions with the Public Employee Comniittee, and their acknowledgementofthe GIC. Ms. McGinnis presented the Board' with municipalities that joined the GIC, and their

contribution splits. .

There Was no vote on these items.

. ·1

On motion, it was. uitanunously, "

. I

VOTED: 5-0 to reconvene in Open Session

.' ..

\ .

In Board of Selectmen July 28) 2009

Page 4 of24 .EXECUTlVE SESSION

e ,I

Pr.esent: Director of Human Resources Sandra DeBow, Labor Counsel Liz Val~rio,

Benefits Coordinator Kathy McGinnis, aiId Chief O'Le~ry:' '

·Group Health

Town Administrator Richard Kelliher updated the Board on recent discussions with the PEe. MrvKelliher reviewed cost and plan-proposals.

There was no vote on this agenda item .

... On motion, it was unanimously,

VOTED: To reconvene in Open Session.

"

, '

In Board of Selectmen August 4, 2009

Page 5 of25

EXECUTIVE SESSION

Present: Chief O'Leary, Director of Human Resources Sandra DeBow, and Special Labor Counsel Liz Valerio.

. -

Special Labor Counsel Liz Valerio went over a proposed MOA between the Town of Brookline and the Brookline Police Union .

The Board would like "eligible members" inserted on page 2, footnote2, after "A list of all ... ", and again under the APPENDIX A heading on page 5.

The MOU is subject to ratification.

On motion, it was unanimously,

._

" t

VOTED: Favorable Action on the Memorandum of Agreement between the Town of Brookline and the Brookline Police Union, Massachusetts Coalition of Police AFL-IO Local 1959. Dated August 2009.

On motion, it was unanimously,

VOTED; To re-convene in open session.

In Board of Selectmen August 26, 2009

Page 4 of 18

EXECUTIV:ffi SESSION

Present: Benefits Coordinator Kathy McGninis", Chief O'Leary

Selectman Mermell arrived

PEe LITIGATION

Town Administrator Richard J. Kelliher updated the Board on recent negotiations with the PEe. It was a lengthy session and the outcome was clear that the two sides are not close to an agreement. He hopes for" a counter proposal for next week. He added that it would be helpful to know their bottom line to see if there is anything to work with.

The PEC is proposing a 88/12 split. The Town would like to see a 6 year contract with 77.5% for the first three years. 78% for the 4th year, 79% for the 5th year and 80% for the 6th year.

The Board discussed the cost of healthcare and" the effect it has on the total Town budget. PEC's proposaldoes not help the strain on the total budget that

much. "

Mr. Kelliher went over the PEC's concerns which included loss of bargaining rights and the impact on retirees that live outside of New England.

On motion, it was unanimously,

VOTED: To authorize the Town Administer to put forward a proposal of a 6 year concept with 77.5% for the first three years. 78% for the 4th year, 79% for the 5th year and 80% for the 6th year.

Police Union MOA

Chief O'Leary stated that the Brookline Police Union has agreed to the MOA dated August 2009. The Board discussed the topic of acknowledging education benefits for new officers. There was no vote on this item.

On motion, it was unanimously,

VOTED: To reconvene in Open Session

In Board of Selectmen September 15,2009 Page 4 of 19 Litigation

Present: Town Counsel Jennifer Dopazo Gilbert and Associate Town Counsel John Buchheit.

Attorney Buchheit went over a case where a vehicle was involved in an accident with a Town truck. The evidence of the case supports the vehicle was trying to 'cut off the truck and ended colliding into itsside, 'The claimant is suing for loss wages, pain and suffering, and medical damages. Town Counsel is requesting authorization to settle the case for up to $5,000 or to proceed to' trial.

,. ..

On motion, it was unanimously,

VOTED: To authorize Town Counsel to settle the case for up to $5,000 or to , proceed to 'trial,

Colledive Bargaining

Present: Director of Human Resources Sandra Defsow.

Town Administrator Richard J. Kelliher updated the Board on recent discussions withthe PEC. It has come to the conclusion that they are not near an acceptable solution. PEe has made notethat this is their very best effort, although it was never statedthat this is a final offer by either side.

Ms. DeBow added that there will be upcoming meetings with the Town/Schooland the PEe.

Chairman Daly added that the grim reality is that the cost of health care may force the Town to seek financial relief elsewhere which may result in cutting services.

There was no vote,

In Board of Selectmen October 6, 2009

Page 4 of23 EXECUTIVE SESSION

Litigation

Present: Town Counsel Jennifer Dopazo Gilbert, Building Commission Mike Shepard, School Superintendent Bill Lupini,

Town Counsel Jennifer Dopazo Gilbert outlined for the Board the process for the Runkle School project, Some' questions have come up regarding zoning. There would be a process to' address it. A neighbor has some concerns about the height and FAR of the project, Chairman Daly stated that she and a School Committee, member met with the architect to go over the plans. There are valid reasons as to why the designs are as they' are. They have tried to address any situations that may come up and it was clear that the current plan is the most effective plan for the project.

There was no vote.

On motion, it was unanimously,

VOTED: To reconvene in Open Session.

In Board of Selectmen October 13,2009

Page 4 of20 EXECUTIVE SESSION

Litigation

Present: Town Counsel Jennifer Gilbert Dopazo, Chief O'Leary, and Attorney

Doug Lewiston. " " "

Town Counselwent over litigation pending in Federal-Court. It needs to be determined whether to go to trial or mediation. " Based on the facts, Town Counsel suggest going to trial; This case has been in the courts for a couple of years. The plaintiff is seeking $3 million from the Town. (The plaintiff's name was not disclosed) The plaintiffis charging the Brookline Police Officers with excessive force. There was no evidence during the booking of any excessive force.

Attorney Lewiston reviewed the case. During the late evening/early morning hours a vehicle was stopped at a red light. An officer approached from behind and noticed an expired registration. He called in the plate and learned that it was reported stolen: The vehicle sped off, stopped, and the suspect took off on foot. By this time there were three or four officers in pursuit by the Brookline Hills T stop. The officers recognized the suspect; he has had many run-ins with the law.

During the criminal trial all of the Officers stated that a description of the suspect was heard over the radio. When the dispatched tapes' were played, there was no description on it. The suspect is inaking a civil rights case out of this. .

The consensus of the Board is that this is a career criminal, and the Town should not payor settle the case when with no evidence that he was deprived of his rights or excessive force.

There was no vote.

On motion; it was unanimously,

VOTED: To move out of Executive Session.

In Board of Selectmen October 27,2009

Page 4 of31 EXECUTIVE SESSION

Collective Bargaining

Present Director of Human Resources Sandra DeBow

Town Administrator Richard Kelliher presented the Board with a draft Memorandum of Agreement to the PEe on entering the GIC. The effective date of

the duration of the agreement is 2010-2013. '

The PEC will meet again on November 16. The Board discussed the alternative to entering into the GIC which would be staying with Blue Cross Blue Shield and enduring their cost increases, which may result in a "0" pay increase to employees for two years to accommodate the cost.

On motion, it was unanimously,

VO'TED: 4-0 To ·allow the Town Administrator and Human Resource

. .

Director Sandra DeBow to present the Memorandum Agreement to enter the ere to the PEe ..

On motion, it was unanimously,

VOTED: 4-0 To reconvene in Open Session.

In Board of Selectmen November 10,2009

Page 4 of15 EXECUTIVE SESSION

Coalition Bargaining

Presenn Director of Human Resources Sandra DeBow, Benefits' Coordinator Kathy McGinnIs, Benefits Consultant Pat Haraden, School Superintendent Bill Lupini, ' and School Committee member Rebecca Stone.

~. Haraden and Town Administrator Richard Kelliher outlined the recent proposal from the PEe. Their proposal Includes a 78/22, 80/20, and 85/15 share split. Mr~ Kelliher and Ms. DeBow would Iiketn offer a counter proposal with a 78/22~~80/20, and'8:-2/18 split. The Board discussed a settlement agreement and the cost of the counter proposal.

'On motion, it was,

. VOTED: To authorize the Town Administrator and the Human Resources

Directorto make a counter proposalof a 78/22,80/20, and 82/18 split. Not to

consider a ,85/15 split. ' .

No DeWitt
Aye Mermen
-No Benka
Aye Goldstein
.Aye Daly On motion, it was unanimously,

VOTED: To reconvene in Open Session.

In Board of Selectmen November 17, 2009 Page 4 of 14 Collective Bargaining

Town Administrator Richard Kelliher and Human Resources Director Sandra DeBow updated the Board on recent bargaining negotiations with the PEC. On Friday, the PEC and Town Officials did not come to an agreement on entering the GIC. Since then, the Teachers formed a protest outside of Town Hall. Mr. Kelliher went over the Town's position anti the savings that both the Town and the employees would incur if they went into the GIC at an 82/18 split.

The Board was disappointed with the end result, which may indicate future budget cuts and layoffs.

On motion, it was unanimously,

VOTED: To reconvene in Open Session.

In Board of Selectmen November 24,2009 Page 4 of 14 .

EXECUTIVE SESSION

Coalition Bargaining

Present: Director of Human Resources Sandra DeBow, Benefits Coordinator Kathy McGinnis, Labor Counsel Liz Valerio.

Town Administrator Richard Kelliher reviewed the PEC agreement on entering the GIC.

The Board discussed next steps and the process to follow.

On motion, it was unanimously,

VOTED: 5-0 To reconvene in Open Session.

.. '1..-" ' ••

In Board of Selectmen December 1, 2009

Page 4 of28 ' EXECUTIVE SESSION

LITIGATION-SETTLEMENT Present: Human Resources Director Sandra DeBow, Assistant Human Resource Director Leslea Noble,

Human Resources Director Sandra DeBow outlined a Workman's Compensation case. A former employee slipped on the ice and hit his head. He worked as a laborer for the DPW Highway Division. The Town discontinued benefits due to specialized testing and examinations. The matter was taken up at the Department of Industrial Accidents and the Town was ordered to pay temporary total benefits. The Town appealed, and is now facing a hearing.

The employee's initial demand for settlement was $65,000. The Town's attorney settled for $15, 00.00 with no future liability.

On motion, it was unanimously,

VOTED: To authorize settlement of the worker's compensation claim of Robert Lynch for no more than $15,000, agreement to settle any and all claims of injury with the Town, and that the claim would be settled with no liability on the part of the Town, including future medicals.

On motion, it was unanimously,

VOTED: To reconvene in Open Session

::c

In Board of Selectmen' January 5, 2010

Page 4 of16 EXECUTIVE SESSION

Present: Director of Human Resources Sandra DeBow, Assistant Director of Human Resource Leslea Noble and .Chief Sker~.

Director of Human Resources Sandra Delfow updated the Board on a Workers Compensation case that had been previously authorized to settle for $5k. The Town originally denied the claim based on a prior medical condition.

A hearing has been concluded in thi$ case, and, the judge is about to render his decision. He gave the parties one final opportunity to settle the case. has agreed to settle the case for $7,500 without liability and without ".u~, ...... ,~~ ••

Counsel recommends that we accept the final demand to close this long standing case.

Chairman Daly expressed concerns that this case has no merit and the Town should not .be paying out these small claims when not at fault. Ms. DeBow replied that to continue to litigate the case would cost twice as much.. The Town is defending itself more vigorously, but in cases of psychological conditions, the claims become much more complex. The Public Safety Department is now screening

applicants with psychological "testing. ' ,

On motion, it was unanimously,

VOTED: To settle the workers compensation claim of amount of $7,500.00 without liability and without medicals,

in the

Collective Bargaining

Chief Skerry updated the Board on a recent grant application with the Department of HomelandSecurity. He expressed concerns with the conditions of the grant and would like to gather more information on it The Union would like to apply for the g,ra.llt but there may be implications that would not be beneficial to the Town.

Chief Skerry and Town Administrator Richard' Kelliher will look into the conditions of the grant.

There was no vote on this item.

On motion, it was unanimously,

VOTED: To reconvene in open session.

In Board ofSelectmen February 9,2010

Page 4 of25 EXECUTIVE SESSION

,/P

Present:

Town Counsel Jennifer Gilbert, Associate Town Counsel John Buchhiet

Litigation

~-

Town Counsel stated that the Zoning Board of Appeals has made a decision on the Runkle School Project; it has not been written up and sent to the Town Clerk. Once that happens the 20 day appeal period will start.

The Dover Amendment has been applied per the decision. There was a meeting with the MSBA and they indicated that they are not going to review the case and will not get involved in litigation. The funding will go forward, if the design changes are made to settle the case, it will be on the Town's dime. If FAR results in a reduction in size it would be on the Town's dime.

The Board discussed the Dover Amendment. The Dover Amendment exempts agricultural, religious, and educational corporations from certain zoning restrictions. It allows a structure that provides certain services to ignore local zoning laws and build the facility it needs to provide those services.

Selectman DeWitt asked why the FAR was still being looked at if the project falls under the Dover Amendment. Ms. Dopazo replied that FAR contains "general harmony" provisions. The Dover Amendment waives that zoning requirement. However, if the petitioner can come up with a plan that would reduce the FAR, a judge may look at it and ask the Town to consider that option to provide a "general harmony".

The Board discussed the risk, and if there was a way to accommodate all of the abutters. The question came up to why the petitioner has not been able to supply any designs that would provide a compromise. Mr. Buchhiet added that the Dover Amendment does not require all abutters to be accommodated. Chairman Daly added that they had gone through the process, and it is not fair to jeopardize the project because one abutter out of many is against it. Selectman Goldstein hopes that all avenues will be looked at in hopes of a result that is more satisfactory to everyone.

The Board discussed the possible implications this may have on future projects and concerns on general policy preference against using the Dover Amendment.

On motion, it was unanimously,

VOTED: To reconvene in Open Session

In Board of Selectmen March 9,2010

Page 4 of20 EXECUTIVE SESSION

Present: Labor Counsel Liz Valerio, Human Resource Director Sandra DeBow, Commissioner Pappastergion, and Director of Parks and Recreation Erin

Gallentine. .

The Board discussed ongoing labor negotiations with AFSCME. They hope to come to a settlement in the near future. The Board discussed the results of an RFP for grounds maintenance work prepared based on the recommendation of the Efficiency Initiative Committee, and presented the Board with two different scenarios comparing contractual services to current costs. The consensus was that there is not enough cost savings to actively pursue this option at this time.

Ms. Debow briefed the Board on some changes to the description of the upcoming civilian positions in meter collector positions. The changes pertain to the description of work conditions.

On motion, it was unanimously,

VOTED: To reconvene in Open Session.

"

In Board of Selectmen March 23,2010

Page 4 of 19

-- - _._- --EXEetJTIV"K"SESSfON·

Present: Human Resource Director Sandra DeBow, Benefits Coordinator Kathy McGinnis.

The Board discussed GIC rates and changes in the group health plan. The PEe expressed concerns ofthe deductible amounts, and requested reimbursements for a portion of the deductibles. There was also discussion on the cost of durable medical equipment. The Board reviewed the cost and the funding of the reimbursements if they were to pursue that request. Should there be an agreement, the Board would agree for one year.

On motion, it was,

VOTED: 3-2 (Benka, Goldstein against) To authorize the Town Administrator and Human Resource Director Sandra DeBow to negotiate with the PEe to increase the Health Reimbursement Account up to a maximum of $250k for one year.

On motion, it was unanimously,

VOTED: To reconvene in Open Session.

In Board of Selectmen April 6, 2010

Page 4 of28 EXECUTIVE SESSION

Present:

Chief O'Leary, Director Of Human Resources Sandra DeBow, Town

, Counsel Jennifer Gilbert, and AssoCiate Town Counsel Patty Correa.'

~ \ '

Litigation

Chief O'Leary updated the BO'ard on recentevents involving off duty police officers who were Involved in £tn altereatlon iii theearly morning of March 28,2010., The Chief went over the procedures, the statements, andthe ongoing 'internal ' investigation. The Chief relayed' that he will 'have more information once the

investigation is finalized. .

The'Board inquired about outside investigators. The Chief stated that the District Attorney's office was advised of the investigation, and the FBI will be reviewing the-reports once they are completed.

, .

There was discussion of the employment status of the four officers while the investigation is underway; The Chief had suggestions in this regard. Actions in this

regard are to be taken as a later date. .

On motion, it was unanimously,

VOTED: To reconvene in Open Session

In Board of Selectmen April 13, 2010

Page 4 of31 EXECUTIVE SESSION

Collective Bargaining

Present: Director of Human Resources Sandra DeBow.

Town Administrator Richard Kelliher stated that the Board had agreed to authorize up to $250k as a funding amountto be set aside for an HRA Agreement with the PEC. The PEC made a counter proposal with a cap of $265k. Mr. Kelliher presented a spreadsheet that calculates the Town's maximum IJRA exposure under the proposed. HRA reimbursements: Mr. Kelliher recommended to the Board negotiating a $22'5k cap.

On motion, it was,

VOTED: 4-1 Goldstein against favorable action on the Memorandum of Agreement as presented with the change in section 2, to increase the

reimbursements funds to $225k. '

In Board of Selectmen April 13, 2010

Page 5 of31 EXECUTIVE 'SESSION

Litigation Present: Chief O'Leary, Town Counsel Jennifer Gilbert, Associate

Town Counsel Patty Correa, and Human Resource Director Sandra DeBow.

Chief O'Leary briefed the Board on the current status of the four police officers involved in ~n off duty altercation. The Chief consulted with the District Attorney's office last week. The 4 officers wer~ charged with assault and battery, and 2 others were charged. Independent statements were taken from the witnesses. There will be a Clerk's hearing in Waltham.

The Board discussed the desk duty rotation which the Chief would like to start tomorrow. Any disciplinary actions will be taken once the invesngation is completed.

In Board of Selectmen April 13, 2010

Page 6 of31 'EXECUTIVE SESSION

Litigation: Present: Town Counsel Jennifer Dopazo.

Town Counsel Jennifer Dopazo outlined for the Board a case where the HV AC unit at the Health Building was designed too small, the calculations were done wrong. This has resulted in improper heating and cooling of thebutlding, . The Town has reached a settlement with the architect plus a third party engineer. The specs are ready to go and the repairs will be done at no cost to the Town.

On motion, it was unanimously,

VOTED: To authorize Town Counsel to execute the settlement relative to the claim with BH&A and Maine Maritime Corp.

On motion, it was unanimously,

VOTED: To reconvene in Open Session.

In Board of Selectman April 20, 2010

Page 4 of22 EXECUTIVE SESSION

Litigation - Present Director of Human Resources Sandra DeBow.

Town Administrator Richard Kelliher updated the Board on recent discussions with. representatives of the PEe. The discussion was based on the Health Reimbursement Account. Mr. Kelliher presented new language on the proposal.

On motion; it was unanimously,

VOTED: To authorize Town Administrator to present the new language to the PEe as a.final offer.

On motion, itwas unanimously,

VOTED: To reconvene in Open Session

-.

In Board of Selectmen May 18, 2010

Page 4 of 18 Collective Bargaining

Present: Director of Human Resources Sandra DeBow, Commissioner Andy Pappastergion

Director of Human Resources Sandra DeBow reviewed the Draft Memorandum of Agreement with AFSCME local 1358.

On motion, it was, .

VOTED: 3-2,(Benka and Goldstein against) to authorize the execution of the settlement agreement between the Town and AFSCME local 1358 as presented.

Criminal charges

,

Commissioner Pappastergion updated the Board on criminal charges placed by one employee on another after a scuffle during working hours. There was an incident where a supervisor and employee got into an argument that resulted in the supervisor shoving the employee. The employee pressed charges and the courts are going forward with thecomplaint, Mr. Pappastergion added that the supervisor

has over 25 years with the Town and an unblemished record. The has had

several misconduct incidents and the Townis moving ahead with

~fter reviewing the incident. .

, On motion, it was unanimously,

VOTED: To reconvene in Open Session

In Board of Selectmen June 22, 2010

Page 4 of 15 EXECUTIVE SESSION

Litigation

Present: Chief O'Leary, Town Counsel Jennifer Gilbert, and Human Resource Director Sandra DeBow

Chief O'Leary reviewed the court proceedings that resulted in the dismissal of all complaints against all parties that arose out of the "off-duty" incident on Beacon St. He than reviewed his contemplated 'disciplinary action relative to this matter. The question of possible civil rights action was raised and Town Counsel advised it. remains a possibility that actions could, be pursued against officers individually. The Chief also noted communications from the Office of the Norfolk County District Attorney relative to the grant of immunity in criminal proceedings. AdeJ,itionally he informed the Board of records recently furnished in redacted from concerning discipline' administrated by the Department.

There was no action taken.

On motion, it was unanimously,

VOTED: To re~onvene in Open Session

In Board of Selectmen September 14,2010

Page 4 of13 EXECUTIVE SESSION

. ·.t

Litigation Present:

Town Counsel Jenn~er Gilbert, ConserVation' Administrator Tom Brady

Town Counsel updated' the Board onrecent findings from Gas Safety Inc., and Attorney Jan Schlictmann on their Inventoryofour Public Shade Trees to identify those:

Impacted by gas leaks. An assessment Of the trees health, and the value of-those impacted was performed! The testing showed that many trees in Brookline have been damaged by gas leaks. Ms .. Gilbert requested authorization to hire Attorney Schlictmann to join suit with other municipalities' to file suit 'against National Grid forthe damages of the tress. The estimated damages in: Brookline are estimated at ~ore than $1 million;

The Board asked how the value was determined, Mr. Brady replied that there is a: formula used to determine the value of a tree.

On 'motion, it was unanimously, .

VOTED: To authorize Town Counsel to retain Attorney Schlictmann to file suit against National Grid for the damages' to Town trees.

"

Litigation

To~n Counser~pdated the Board on a dispute between the Town, the contractor and subcontractor of the Town·Hall Project. The punch list items have not been completed and the Town is holding final payment. There is a dispute between the contractor and the subcontractor on who is responsible for this work, .It has been determined that $29k of the work to be done has been completed. Ms. Gilbert is requesting authorization to pay this partial settlement. The balance of the funds willbe held until all the work is done and. approved.

On motion it was unanimously,

VOTED: To authorize Town Counsel to release a payment of $29,036'.95 to Colantonio Inc.

On motion it was unanimously,

VOTED: To reconvene in Open session

In Board of Selectmen September 28, 2010 Page 4 of28

L'itigation

Present: Director of Human Resources Sandra DeBow

Director of Human Resources Sandra DeBow updated the Board on recent discussions wi~h Union representatives. The AFSCME union did not ratify its contract, and she will be continuing negotiation discussions,

The Board discussed pay increases and A day buybacks. Ms. Dellow will negotiate within the previously approved parameters.

On motion it was unaniinously,

VOTED: To reconvene in Open Session

'.

In Board of Selectmen October 12, 2010

Page 8 of27

E·XECUTIVE SEsSION

CITIZEN COMPLAINT APPEAL .

. Present: Town Counsel Jennifer Gilbert, Attorney Susan Horwitz, Lt. Stephen Burke:

Chief O'Leary, Union Representative Officer Bob Murphy, .

Continued Civilian Appeal Hearing of the Police Department's report on a citizen's

complaint filed on August 30,2010: .

Chairman DeWitt stated that this is the postponed hearing on the Citizens Complaint. The Board was informed by the complainant that she would like to withdraw

the complaint. She will be issuing a written withdrawal letter, .

Lt. Burke added that he spoke' with Ms. Walsh and she did indicate that she would like to withdraw her complaint.

Chairman DeWitt added that the finding was deemed unfounded.

On motion it was unanimously,

, "-, :~

VOTED: the Board has been informed that the Civilian Complaint Appeal was withdrawn in a telephone conversation with Lt. Burke at the last minute. Under these circumstances, the Board has voted to affirm the disposition of the complaint by the Chief as unfounded based on the investigation of the Office of Professional Responsibility.

On motion it was unanimously,

VOTED: To reconvene in Open Session

.'

. ..

In Board of Selectmen 'November 3, 2010 Page 4 of 10

WORKERS COMPENSATION CLAIM

Human Resources Director Sandra DeBow appeared to request authorization to settle a Workers Compensation claim.

Selectman Benka arrived

Present: HUman Resource Director Sandra DeBow, Assistant Director Human Resource Leslea Noble.

Ms. Noble reviewed the following memo on the case:

The Human Resources Office is seeking the Board's approval to settle a worker's

compensation claim for former DPW Highway in the amount of

$20K.

is a Heavy Motor Equipment Operator who Claimed a

_ on May 19,2008 while throwing a bag- of yard waste into a truck 'The claim was. initially denied by the Town because at the time of injury, the employee was engaged in a, personnel matter related to his ability to perform his essential job duties and there was no objective evidence of the claimed injury.

An independent medical exam ordered by the Town in August of 2008 opined that_ However, at the Department of Industrial

.onrerence the Town was ordered to pay temporary

partial benefits to the employee at a rate of $328.69 per week.

This case has been in litigation since the order to pay in' August of 2008. The litigation has been delayed by the DIA to allow the employee time to obtain a final outcome on his

. disability retirement application. The application for disability retirement was denied by, the Brookline Retirement Board in July 2010, and the case was pushed forward' to hearing level. Unfortunately, our workers' compensation attorneys indicate that this denial of disability retirement will not have a bearing on the outcome of the ·DIA recommendation and, if anything, will negatively impact the outcome by awarding greater benefits.

November 4, 2010, is the next DIA hearing. Our attorneys have indicated that it is unlikely the Judge will overturn the original order to pay partial benefits. If the hearing goes forward, and the Town is ordered to pay partial benefits, we would pay $45,000 to the

- employee in remaining §35 benefits and $5,000 to the employee's attorney, as well as our legal costs for outside counsel. Therefore, in order to avoid the cost of trial and avoid the uncertainty of the outcome of a hearing at the DIA, our workers compensation counsel has recommended the Town agree to a settlement.

We respectfully request to settle this case for $20,000, closing this case and avoiding a potential additional cost of at least $30,000 to the Town.

In Board of Selectmen November 3,2010. Page 5 of 10

The Board discussed liability on future medical expenses. Ms. Noble noted that there has been no treatment for the injury to date. It would be difficult to pursue a future claim; it would need to be deemed "reasonable and related".

On motion it was,

DeWitt. Aye

Daly Aye

Mermell Aye

Benka Aye

C;oIdstein No

VOTED: 4-1 To authorize the Human Resource Director to settle worker's compensation claim for- up to $20,000.00.

In Board of Selectmen November 3,2010 Page 6 of 10

JAAt1-· ~~~/

EXECUTIVE SESSION

LITIGATION

Town Counsel Jennifer Dopazo Gilbert will appear discuss strategy with respect to litigation and potential settlement of a claim.

Present: Town Counsel Jennifer Gilbert.

Town Counsel reviewed the following memo:

By letter dated October 12, 2010, the United States Environmental Protection Agency ("EPA") notified the Town that it had documented ali. oil spill that the Town was responsible for and that it had authority to fine the Town up to $177,500 under Section 3.11 .of the Clean Water Act. With the letter, however, EPA offered. an "expedited settlement," allowing the Town to settle the claim for $7,000. If the Town agrees to the settlement, it must send EPA a certified check and the signed "Expedited Settlement Agreement" by November 12, 2010. EPA's letter and proposed agreement are attached hereto. After consulting with environmental counsel N ancy Kaplan and Peter Ditto, the Office of Town Counsel recommends settlement.

. .

'The background to the case is as follows: On November 9, 2009 a Town contractor

was demolishing a small brick building that contained a transformer ("transformer building") and a building that contained pumps ("pump house'). These buildings were located at the Brookline Reservoir Park near the intersection of Warren and Boylston Streets. The contractor was told and it was stated in the bid documents that all oil had been removed from the transformer. This, however, was not the case and when the transformer was moved the oil tank ruptured. It is unknown how much oil spilled, but the volume of the transformer tank was approximately eight hundred gallons. Some of the oil traveled into a stormwater pipe that empties into Leverett Pond. EPA asserts jurisdiction' because Leverett Pond meets the definition of "navigable water" under the Clean Water Act and because some oil, causing a sheen on the water, entered the Pond.

We have researched whether the contractor or the Massachusetts Water Resource Authority ("MWRA") might also be liable fur the spill, Because the bid documents stated clearly that the oil had been removed from the transformer and because our Investigation at the time of the spill revealed no evidence that the contractor was negligent or exacerbated the situation, we do not think that an action against theconrractor would be successful. As for the MWRA, it required the Town to sign an indemnity agreement before the demolition, which we believe is enforceable.

In Board of Selectmen November 3,2010 Page 7 of 10

EXECUTIVE SESSION cont'd

VOTED: to authorize the Town Administrator to sign the settlement agreement

. with the Environmental Protection Agency in the amount of $7,000.00 in relation to the oil spill at the reservoir transformer building.

In Board of Selectmen November 3,2010 Page 8 of 10

EXECUTIVE SESSION

Litigation

Present: Town Counsel Jennifer Gilbert.

Town Counsel Jennifer Gilbert stated that Petroleum Traders Corporation (P'I'C), a' major gasoline supplier, entered into .a contract with the Town and 8 other communities at a set price for gasoline fot· one year, Almost one year later PTC intended to raise its price by approximately 25% above.the contracted price stating that the contracted materials

, were not available and a, substitute was bemg supplied at a higher cost. Brookline and several other communities refused to p~y, resulting in PTe filing suit for breach of . contract. Brookline drafted a motion for summary judgment and a counter claim for a breach of contract. The Town was successful in its breach of contract claim. Brookline was awarded $3,978.63 in settlement cost.

The Board was pleased with the award and happy that the other communities benefited from Brookline's lead on the case.

On motion it was unanimously,

VOTED: . to authorize Associate Town Counsel Patty Correa to sign the settlement agreement with Petroleum Traders Corporation in the amount of $3,978.63.

In Board of SelectmenDecember 14,2010' Page 4 of~3

EXECUTIVE SESSION,

_'

Litigation

",

Present: Town Counsel Jennifer Gilbert and Associate Town Counsel Patty Correa

Town Counsel Jennifer Gilbert reminded the Board of the accident awhile back when a " police cruiser: went into the storefront window of a Chinese restaurant on Route 9. The accident

was the result of an officer in pursuit. Th'e roads were slick, '.

Town Counsel requested up to $30,000 t~ settle the claim. The amountIs due to structural

damages. The fund~ win be paid fromthe liability fund. .

On motion it was unanimously,

VOTED: To authorize Town Counsel to settle the' claim for up to $30,000,00, from the liability account.

January 4. 2011

EXECUTIVE SESSION

Coalition Bargaining

Present: Director of Human Resources Sandra DeBow, Benefits Coordinator Kathy McGinnis.

Ms. DeBow reviewed the following memo:

Please be advised that the PEC has raised some concerns with the Health Reimbursement Account (lIRA) negotiated last year in connection with the transition to the GIC. The Town agreed to reimburse two of the highest co-pays as part of that Agreement. However, there is a third co-pay of $100 for high-tech imagining, MRIs, CAT scans which is having a significant impact on employees with certain serious and/or chronic health condition (e.g. cancer). Although this is not affecting a large num ber of subscribers it is having a significant impact on employees who are already experiencing significant financial stressors due to their condition. The PEC has proposed that the Town extend eligibility for reimbursement of these co-payments from the HRA.

In general, the Town is sympathetic to this situation and is prepared to recommend an extension of the HRA with certain conditions. Under the circumstances, it would create good will with the PEC. Our agreement would be conditioned upon the following:

(1) That the reimbursement would only be limited to services resulting from serious and/or chronic medical conditions.

(2) That reimbursement would be made after the second co-payment.

(3) That the $225,000 previously allocated for the HRA will not be increased to fund this extension.

We have conservatively estimated the cost of this extension to be $25,000. Even with this additional cost, we will not expend the $225,000 allocated for the HRA.

The Board approved the proposed side-letter agreement with some minor amendments and subject to Town Counsel's review.

On motion it was unanimously,

VOTED:4-0 to approve the Coalition Bargaining Agreement subject to Town Counsel's approval.

On motion it was unanimously,

VOTED: To reconvene in Open Session.

January 25, 2011

EXECUTIVE SESSION

Litigation

Present:

Town Counsel Jennifer Gilbert, Associate Town Counsel Patty Correa

Town Counsel Jennifer Gilbert outlined a suit in Superior Court against the Town of Brookline. The claim involved a vehicle accident with a Brookline Police Officer. The female driver (Ashton) sustained injuries that required physical therapy which lead to a number of complications. The plaintiff is seeking damages for pain and suffering. It is a complicated case due to her history of injuries; however, a trail may involve considerable risk.

The initial demand was for $50,000, it has been negotiated down to $15,000.

On motion it was unanimously,

VOTED: To authorize Town Counsel to settle the claim for $15,000.00.

March 1,2011

EXECUTIVE SESSION

Present: Town Counsel Jennifer Gilbert

Litigation

Town Counsel Jennifer Gilbert updated the Board on a recent personal injury claim. An employee was involved in a motor vehicle accident. The claimant suffered soft tissue injuries to his back, neck, and shoulder area and suffered from headaches. The medical bills amounted to $6,000. The original demand was $20,000, which has been negotiated down to $8,500. The settlement will be funded through the Legal Department budget claims account.

The Board asked about the employees driving history. Ms. Gilbert replied that there have been no prior accidents involving the employee.

On motion it was unanimously,

VOTED: To authorize Town Counsel to settle the claim of to $8,500.00.

for up

On motion it was unanimously,

VOTED: To reconvene in Open Session.