 Okay, so I will call the town of Essex select board special meeting for Thursday, May 26 2022 to order. Are there any agenda additions or changes from staff from staff. Okay, any request agenda request change requests from board members. Okay, then let's move on to public to be heard this is a period of the agenda where folks who are in attendance can speak to the board on topics which are not on the agenda. If you would like to speak during public to be heard, raise your hand in the, in the zoom application, or turn your camera and wave your hand. If you don't have that capability. I'd like to speak to the board please be brief please be civil, which is your remarks to me as a select board chair and make sure I can see all participants here. Any public comment during public to be heard. I don't see any hands up. So let's go on to our first business item our only business item discussion on potential action about filling a vacancy on the Essex Westward School Board. I brought this up briefly during our last meeting. During part as part of the reading file because it was kind of short notice we didn't have we had fairly recently at that point learned that there was a vacancy on the school board and Aaron fortunately remembered that there's some requirements associated with with interacting with the select board around that. So, actually she and I were at a cancer cancer patient treatment. I forget the name of the association Aaron. Oh cancer patient support foundation. Yep, anniversary dinner. Yep, so we were at a fundraiser and Aaron recognized being including me and that this was going on so here we are. Yeah, there's a there's a statute says that the, the school board needs to act in in consultation with the select board. There's no definition at all about what that means. There's no, there's no case law there's no explicit. There's nothing explicit in the statute about it. We had at one point thought that this was a temporary measure but apparently the act that makes it a permanent statute is on the governor's desk waiting either for his signature or to be passed into law without it. So, it's, it's, it's believed to be likely that it will become permanent statute any day now. Options that we have and I guess, I guess, Aaron I think we might start with some questions to you about your process. And so, can you help us out with that and then we'll if we have any other questions will will pepper you with them. Sure. So we have three applicants. And so what we as a board do is we as an entire board get together and just have we have a discussion in this case we had a discussion. I want to say it was on the 17th. And we had it right after our last meeting and so in this case, like, it depends on the situation so if we had like a lot of applicants what what our preferred method of sort of doing it is to kind of just try to narrow it down a little bit through discussion with the board. After everybody having been able to review the materials in this case, because we have three applicants we we all agreed that we'd like to interview all three applicants. And so what we then did was we choose a selection committee, and it'll be comprised of five members of the board. And so we have set up times to interview each of the applicants on May 31. So, and then what we'll do is we'll interview them. They all are asked the same questions in the same order by the same members of the selection committee. And after we do the interviews, we will then get together as a committee, and then make our recommendation to the board as to who we think would be the best appointee. So you've you've shared the documents that you've got there the letters of intent and our resumes that you've received from the applicants and you've asked us to keep that confidential. That's that's not our typical practice. So that's that's a so that's a different, you have a different method there. Like, my question is, are your, are your interviews also an executive session. Correct. Okay, so the, the candidates aren't present for each other's to hear each other's answers. Okay, all right. All right, I just wanted to clarify that. And then of course you have your, your deliberation about who to choose an executive session also. Right. All right. Board members any other questions for for Aaron about process. Tracy, go ahead. And just because I'm curious, I do see, as any mentioned, the school board has not publicly shared the letters of interest. So I'm just trying to understand our confidential folder. Is it the intent that those will eventually be shared or are those sort of sealed and is it is it an equity issue that those aren't shared or it's it's new to us. So I'm just trying to understand, you know, my understanding that's my understanding is that that's how we've always done it. I think my personal stance on it as the chair was just that, you know, this is kind of people's personal information. And so I didn't see any sense in making that public, because it's something that they're sharing with us to, in a sense, I almost look at it as they're like applying for a job with us right. And so it's certainly not that we're not, you know, we're not trying to be transparent. But I guess my take on it is is that this this is their their personal information that they're submitting for for this particular position and so we felt that it was their personal info and not that we would not share that. Thank you. You're welcome. I've already forgotten to unmute myself. Any other any other board questions. I would just speak up that it seems rather unusual in the times that we are in that it is such a closed door public position selection. Yeah, yeah, yeah, it's generally this has been a select board's practice we've we've had a number of reappointments and we all the information that's given to us we do redact, for example, telephone numbers and maybe specifics of addresses and those kind of things but we do make all the information public and we do the interviews in public as well. And then when we discuss the candidates of course that's in. That's an executive session. Okay. So there's, you know, there's a couple ways for us to approach this. I mean, it seems like we get to decide what in consultation with means. For the information we could go into executive session and discuss the candidates and we could come out and make a recommendation of an individual that we would prefer we could do that would be might be awkward if the school board hasn't interviewed them yet. The other thing that we could do, and this the Aaron has offered to allow us to appoint one of our members to participate as on the selection committee. Of course the vote goes to the school board, not to the selection committee so we wouldn't have a vote but we would have a seat at the table during the interviews and the discussion. And then the, the other possibility that's been talked about is that we simply sit back and let the select that let the school board go through their process and then comment on their choice. So I don't know what how members are are feeling about this. I'm feeling in any direction. We also, I guess, there's another, there's another possibility I guess that I should should. And of course there may be, there may be many many other possibilities and if anybody has one please feel free to oppose it. We could come out and we could have a discussion and simply say we don't have any objections to any of the candidates in which case then we've provided our input. And that would be for a specific individual. And we could, you know, any, anything along the gamut of, you know, comment about what our preference might be without even without specifically picking a candidate we could do that as well. So Don I see your hand up, go ahead. I guess my other question would be, couldn't we just authorize the school board to go ahead with their process and we stay right out of it. They know what they're looking for in a candidate. Unless we've had, we haven't had hands on experience. Currently in the school board. Could we just vote to authorize them to go ahead. We could do that. Sure. Personally, I'd rather not get involved in their decision because they're going to have to work with whoever they choose we don't as a board. It's just Yeah, there's there's there's some history as to why the statute reads this way. In my understanding. There's, there's, there are, there will be eight votes placed or cast to pick to select the, the appointee. And only three of those are from the district that's going to be represented. And so that's, that's why my, it's my understanding of why the statute is written to say that the select board should be consulted. And most of the folks that will will vote on the appointee don't live in the district that's going to be represented. And so they're, they're, they're maybe some, I mean, you know, an underlying issue while we might want to take at least some, some sort of position. And but you're right, Don, we could, we could certainly just say we're, and that kind of goes along with we don't have any objections to any of the candidates that have been posed and we'll leave it to them. I mean, we don't get a vote anyway. So, yeah. Tracy, go ahead. If, if any other board member feels strongly that there should be a member at the select board meeting or on the selection committee. I would say yes only if there's a member that has children that would be directly affected. Also, you need to be available to participate. Right. So, so Aaron the interviews are on the 31st and then is the discussion is immediately after that or is it will there be another meeting for that. The discussion will be right after the interviews. Okay. Is there anybody who wants to Tracy. Well, I am a parent in the district, but I don't feel as though personally I don't I don't feel as though we need to have a voice in this. So would it be appropriate to make a motion. Sure. Okay. I would move that the select board can they to the school board that we do not raise objection with any of the three candidates and that we recommend or authorize whatever the school board to move ahead with their process as defined. Thanks Tracy. Thanks Don any further discussion. I have to pause here a moment because we did not take public comment. So although it's generally outside our practice to accept public comment after there's a motion on the floor. I do see one hand up in the public. I see two hands up in the public. So I would like to offer them an opportunity to speak as well as a select board okay with that. It's fine Margaret was had asked the question earlier anyway so. Okay, Margaret go ahead. Hi, can you hear me. Yes we can. Okay, thanks. I realized this is out of order with the motion having been made but I'm this feels a lot like what happened on the select board when somebody resigned right after the election. And it feels like, especially if five of the people voting on this are not even in the district. I mean we voted on those are candidates. And now our votes kind of being thrown out. It just feels very, very like political hanky panky. I'm surprised that since one of the candidates was actually on the ballot and did get votes that you didn't just automatically appoint that person instead of going through this whole process. It just feels like it's very uncomfortable feeling, especially with people who are not in our district, getting to vote on our representative. And I would love to see a select board member sitting in on those meetings. So, thank you. I guess to make one thing clear there is a requirement that their appointment be made within 30 days of the select board being notified of the vacancy. And so there really is a there's a very strict time crunch on that. And so there's, there's certainly not adequate time to to warn and hold a new election in that timeframe. And I, and Aaron, I'm not, it's not clear to me that if, well, if the school board doesn't come to a decision, is there an option that you could could call an election. I have to check on that. I mean, I think the new statute actually gives us a few extra days I think we get 35 for some reason, I have to read it again. I have a few more, but you know, I think I don't believe that that has typically been done, but I should should preface that also or add to that that I can certainly find out I would want it to get some some legal. I'm not aware of it in my knowledge in my history but that doesn't mean that it might not have happened. You know, you know, the statute we've passed back and forth is only relative to the requirement. It doesn't say what happens if I know I think it's I believe it's our, the town charter that tells us that if we don't come to agreement we have to hold a special election. Yeah, I mean we are charged under the statute to to a point. So yeah. Okay, right. Thanks. And Margaret thank you for your comments. Thank you Margaret. The ring. Hi Andy. Hi Aaron. A couple questions. Hi. This is new to me so I'm sorry if I'm I'm a nerd, and I want to understand process process is very important to me. And I don't have children in school but I do have a niece in school so I do kind of follow along. I was just wondering if some of the Genesis so if I'm understanding, Andy if I'm understanding you right there's a new statute that's impacting and why we're having a meeting tonight is it this is not normal this is the first time we're doing this. It's been revised. Yeah. So it, it, it was a statute that was in put in place at the same time that having unified districts with was put in place. And this is the second time that there's been a vacancy on the aspects for school district board that has affected us the first time, none of us were aware of that statute statute that requires this yeah and so the way it rolled out and this is, is Aaron contacted me that that, you know, just before they announced who their, who their selection was and then it was at that point was like, oh gee did we do this right and so we had some conversation, you know, after that happened and fortunately Aaron remind remember that they needed to do more than than simply notify us and that we had a responsibility to and, and we, we did have some Aaron and I, and, and all of our legal counsel has some back and forth about what in consultation with means and there's no there's no clear answer. And if I can just interject Andy, you know, it doesn't help the statute is very vague. You consult, you know, so I think, you know, I certainly, this is, you know, I think there was just a my understanding is there was a sense of you know, certainly we would want to know from the select board if there were any concerns or any injections. So, but I, but I think, then Andy and I kind of wanted to have a deeper understanding with the revision of the statute of okay so what exactly does in consultation mean you know so. So that's where we wanted to say okay let's let's have more of this expanded conversation. So this is learning curve stuff for everyone involved. Yes, and there's no precedent. Right, right. So this is very much learning curve and interpretation and legal interpretations as well. So I'm assuming when you say it's so it's a state statute, and is it in the charter then. It's a state statute. Yes. So is it chartered as well. I don't know. So does that get folded into the charter and wonder even. So there's well charters give you allow you to have exceptions to state law or additional powers that on top of what state law allows you. So this would just be because well because often when you charter something to you just say, Well, whatever the state statute says, you know, but you'll have that in the charter as well so I'm just wondering how that was covered in the charter. And then. Is it just in consultation with the district that the one who stepped down is from or all. Yes. So that's the purpose. If I'm interpreting this right do you think that's the purpose of this meeting then is because in a way, we're not getting a vote, but the consultation would be who we voted into office. Yes. Okay, so that's in and then I heard, and if you can confirm that, and I know if this is statue or policy that typically, and same concept board, when an appointment happens it runs to the, the next election, but that this particular appointment was going to run to the end of the term. Correct. So that feels a little wonky to me. Do you know if that's policy or chartered, or if there's a state statute around that. My understanding is that I don't know if the word is. I'd have to find out for you Lorraine, but my understanding is, I'd have to look at the statute and pull it up but I believe that it is that it. So this term, this is an existing term. The term was vacated at x point in this particular case it was vacated about a third. So there's about two thirds left of the term left. So yes the appointment would then fill the rest of that vacated term. My understanding was that that's not the practice in the past that and the practice in the past was not to the end of the vacated term, but to the actual the next election. So I would love to nail the law on that and what I would want I want to make sure that's checked on because that's a long time to let someone to finish out an appointment in terms of not be able to elect someone. I'm sorry Tracy could Andy. I'm not the chair. Hi Tracy. Yeah, I'm just looking at the statute that we're dealing with unified school district shell appoint a person who is otherwise eligible to serve as a member of the unified union school district board to fill the vacancy until an election is held at an annual or special meeting. Yeah, I know it does say almost otherwise provided in accordance with the articles of agreement so. We are following the statute. But yeah, it this this this may fall into an interpretation area because the select board interprets that to mean until the next election until the end of the term right so we've had a situation right where the seat that Ethan has right now has had three different people in it in each of its three years because we had a. Yeah, because the way the way it's, it's right we appointed somebody and that to chose not to run for the third year of that term. Yeah, but if you read it, it's until the voters elect a successor at an annual. Yeah, or special meeting. Yeah. So I think that's how the board's been doing it. But I think, you know, so I don't, I don't think either one is wrong. I think that's the way the board has been doing it though Aaron might want to check back in the history, and I would love a lawyer to make sure lawyers reviewing that from our board as well not just from the school board, because that it is that is, you know, it. I have both touched base with our legal counsel but we can reach out to them again. And if you could look at past history as well. Yeah, absolutely. And the rain and the select board case where we're basing what we do on our charter language which says the next election. So it does differentiate that the next either or ours explicitly says the next election right and so we we appoint for the remainder of the current year with with the election for the remainder of that term. Yeah, the other concern around all this because there was so much anger and vitriol and we've been to the mill all of us with COVID and certainly how how we seem elected and other things have gone on and everyone's just so stressed out. It also concerns me that we don't as public because it is a public position, don't see the candidate names ahead of time, because it feels like something's being hidden I don't need to know a phone number I don't need to know any personal information. But I do feel like as a member of the public I have a right to know. And I would like that publicized and I was wondering what's behind. I heard what you said Aaron, but it is not a, we're not hiring someone. It's, it's a public office. That's normally an elected position. So to me it doesn't really fall into those rules I hear what you're saying, but I disagree with that and principle, because my concern is part of what has happened through all this. A lot of the anger is around the lack of transparency, and part of building public trust is a is being transparent and if we continue in that vein. I'm concerned that we will go through what we just went through again. And, and I would like that consideration to be heard in full voice because I'm also hearing complaints about even how public comment is taken, when there's hardly anyone there and people are getting cut off. After two minutes when there's no one there when I thought the practice used to be it was like a 15 minute public comment area and then you would divide it by how many people were there to speak. And so, I just want to make sure we're on the path being more transparent. And this is not necessarily looking good right off the bat. So, was your question about the names. Did you say you, I just want to know the name made public. They were made public. I think about a week ago. And how are they made public because they, I believe they were in a couple of publications I know at least the Essex free retorder because they requested that they wouldn't have been published. Have they not requested me that public records request. So, yeah, I mean, they were on the minutes I think for this this meeting as well they were they they've been out in the public. So we were not trying to hide the names from anyone. That's all I want to make sure we were just trying to protect their personal information that they have provided for us. Absolutely. We were trying to do. Yeah, I have no issue with that and I don't. But I think initially we didn't even know the names and that so that's out there in the public domain now for people don't follow that. They still think that that was a problem was just knowing the names. So I just want to let you guys know what the what we're hearing on the ground, because often we're in our own bubbles and we don't know. And I just think we're in a weird time. And it's just really important to be as transparent as possible and communicate out as much as possible. That's why I see like, you know, kudos to Greg and the board for making updates to communication and even allowing the public to opt into information like that, so that when it does go out, we can actually get that information right away, instead of having to go someplace to find it. And I think a lot of that stuff with technology today can help squash some of that feeling that's going on out there in a quick manner. So just some public comments, I appreciate you guys being patient with me, and I appreciate you kind of explaining what's behind why we're doing this. Thanks, Lorraine, and just just to be explicit, the names are Al Bombardier, Megan Humphries, and Jemima Talbot. I appreciate that, that's good. Thank you. Okay. Okay. I don't see any other hands for the public. Any other board member comments based on what was what we heard. Just for a little clarification, they will be appointed for the remainder of the full term versus going through the next annual election. That's the plan. Correct. This is the way the school board is currently interpreting it but I think there was a request different to make sure that that's the intent of the statute. Absolutely. Don, I can give you a little history of when we were the town school board Aaron. And I'm not sure if when you became a union or joined together it changed, but I served on the board school board for us for five years and then left. And then a couple years later there was an opening because somebody resigned and they chose to make it just one year until the following election, which is just what we do as a select board. And that's what we did is a school board. Yeah, and I know the Essex town might have because you guys had a different district, they might have done something different prior to the consolidation too. So I can look into that. That's the way my past experience is being on the high school CTE board before the consolidation. So, but I'm happy to research that absolutely. Yeah, I would add to that, but I think that would be a very good step towards transparency and really consider having another election at the next annual meeting. It's my two cents. Thank you. Thank you. All right, so the motion on the table is to indicate to this select board to the school board we keep getting these board names mixed up to the school board that we have no objection to the three candidates and to have them go through their third normal selection process. And I just want to make sure there's no further discussion. I don't see any hands up. Tracy's not waving at me. So okay, all those in favor, please say aye. Aye. Aye. Okay, motion passes for zero. Aaron, go forward and do your do your duty and make a good selection and we we support what you do. Okay, we're lucky again to have great candidates so I really appreciate you all taking the time I know you just called a special meeting for tonight so I really appreciate your time and and thank you very much. All right, thank you. And I'll report back to Andy on those questions okay. Okay, great thanks so much Aaron. Thank you everybody. Okay, so let's see. That's the last business item we don't need to go into executive session Greg you got anything that you need to want to touch on. No, okay. I make the motion we adjourn. Okay, thank you Don. Second. Thank you candle it's a non debatable motion all those in favor please say aye. Aye. Aye. Opposed. Thank you we're adjourned.