Halifax Board of Selectmen

HALIFAX BOARD OF SELECTMEN

FIRST EXECUTIVE SESSION

TUESDAY, MARCH 10, 2015 – 5:40 P.M.

SELECTMEN MEETING ROOM

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Moved by Roy and seconded by Garron, the Board voted as follows to enter into Executive Session with Selectmen Troy Garron, Kim Roy, Michael Schleiff, Attorney Michael Gilman, Highway Surveyor Bob Badore, Kenneth Bartell, Union Representative, Karen Hathaway and Union Steward, Dave Swanson to discuss a grievance hearing for Kenneth Bartell:

Troy E. Garron / - / Yes
Kim R. Roy / - / Yes
Michael J. Schleiff / - / Yes

Schleiff open the hearing by reading the official grievance form which stated that Kenneth Bartell was unjustly terminated on February 17, 2015 by way of verbal conversation and that the remedy is to reinstate Bartell to his former position and make him whole in every way.

Gilman began by saying that he is here representing Mr. Badore and to explain why Mr. Bartell was terminated. Bartell was hired in 2012 and over the two in half years he has had several driving accidents. Five accidents for property damage, fortunately no injuries occurred. More specifically near missed last winter when he failed to lock the emergency at the garage.

Gilman then read the following incidents:

Winter of 2012 Mr. Bartell backed into the Winnetuxet Pre-School located on East Street. The incident was not reported to the office. The office received call from the owner regarding the damage done to the interior of the building.

During the summer 2013 while driving the recycling truck in East Bridgewater at the intersection while making a right hand turn he knocked the traffic light over and drove away. The accident was reported by a resident and the police were called. The police caught up with the tuck on route 106 and Mr. Bartell was pulled over and questioned. He received a verbal warning by both the police and the Highway Surveyor.

During the summer of 2013 the Highway Department received reports of him driving too fast and was warned to slow down and pay attention.

During the winter of 2014 Mr. Bartell backed into two separate vehicles at two different locations on the same day within ½ hour if each incident.

Attorney Gilman referred to a letter February 19, 2014 that was given to Mr. Bartell from the highway surveyor which stated:

Due to recent as well as past incidents (see attached), effective immediately you are no longer allowed to operate any moving, registered vehicles owned by the Town of Halifax for the next thirty(30) days. This letter also serves as a notice to you that if any additional warnings or accidents occur your employment with the Town of Halifax will be terminated.

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Gilman then read the following incident:

During the winter of 2014 Mr. Bartell was told again to slow down and pay attention to what he was doing before he hurt someone. He jumped out of the truck without applying the brake so he could go to the bathroom. The truck (703) rolled off and would have hit the fence and the Highway Surveyor’s vehicle if the mechanic did not see what was happening and jumped into the moving vehicle to stop it.

Gilman continued to say that in 2014 Mr. Bartell was told to take some driver training classes. There were no classes available so he took online classes which he did complete. The last incident on February 15, 2015 was the last straw. Mr. Bartell has historically tried to help residents and has been told that it is not his job. He was helping a resident and he backed into the resident’s car and smashed the front windshield. Therefore, before there is a liability to the town a verbal termination was given by Bob Badore.

Badore said that he was specifically asked to sand the beachthe area and to keep his blade up. He continued to say that Bartell has been told time and time again that he needs to stay on town property, slow down, stay off your cell phone and focus on one thing. Badore feels that he has been a liability to the town. Schleiff asked how long after the storm did this happen and Badore said the storm was over, there was no snow in the air.

In reference to the incident at the Winnetuxet Pre-School Roy asked Badore if Bartell told him about the incident and Badore said no that the school called the Highway Department.

Roy then referenced the incident with the recycling truck in East Bridgewater and asked if drives the recycling truck. Badore said after the first accident he did not let him drive it. He added that he has seen him on Route 106 on his cell phone, and told him he needs to focus. Schleiff then asked if he tells all his employees not to use their cell phones and he said he believes it is a DOT law.

Roy asked if it was common to use ear buds and Badore stated that you cannot hear if a truck is coming up. She then asked Badore if he has had problems with other employees plowing driveways, accidents or cell phone use and Badore said that he has never had a problem with accidents just with Mr. Bartell and said he is not suppose to be on private property.

In reference to the accident on February 15, 2015

Schleiff asked what happened and Badore said he does not know what happened. The car was parked in driveway and he said to Bartell if he looked in his mirror he would have seen the car.

Gilman said that there have been numerous accidents where he could have caused harm and has been lucky. He added that he was not a driver at his previous job.

Garron asked when he was hired did Badore do a Cori on his driving and he said that he has never done that. Schleiff then asked if the registry had anything. Badore said that Bartell took one of the trucks and went with another employee to the registry and got his Class B license.

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Hathaway said that Bartell was hired in 2012 and before that he never held a position as a truck driver. She added that driving a piece of equipment is hard and there is no on the job training, then six months after being hired there is snow storm and he has to get in the truck and plow, it is a tough thing to do.

Roy commented that he continued to get in accidents.

Hathaway said that this letter pertaining to the incidents are in Bartell’s personnel file and that you are supposed to put on letters cc to personnel file. There was another document that was put in his file with nothing else on it. She said you don’t go from a verbal warning to termination and asked why he was not given verbal warnings then a suspension instead of right to termination.

In reference to the attached letter(copy attached hereto and made an official part of these minutes)

Roy stated that Bartell had signed the bottom of the letter and made check marks and cross outs within the letter and Hathaway said yes he acknowledged it.

Garron stated that any time a letter or verbal warning is given to someone it goes somewhere. A record needs to be kept. Garron said that he is bothered that two incidents (Winnetuxet and the light) Bartell was not aware that damage was done.

Hathaway agreed with Garron about the personnel file but said for the below incident nothing was documented:

During the fall of 2013 Mr. Bartell received a verbal warning about constant cell phone usage and he was told to stop using the cell phone. He was also told that I case of an emergency he was to pull over and stop in order to make his call.

Schleiff said that he understands that there is a learning curve and that you are trained on the job. Bartell then said that much of the incidents are due from not receiving training. He said he received training in early October with Billy Ruxton and they just went over the route and said that he had plowed before but in a smaller truck. In reference to the first incident (Winnetuxet Pre-School) he said that he had plowed for 16 hours without a plow partner, doing double time and it was his first time doing this. He said the next day Bob asked if he did anything yesterday and he said no then Bob asked again did anything happen and he said that he did hit the side of the building with the plow.

Roy asked that if he felt uncomfortable why not say something and Bartell said he did not say he felt uncomfortable and said the first year he was doing his best and was exhausted. He added that he was using different plow blade and that he should have had a different one.

Roy asked why he didn’t call Bob about the Winnetuxet incident and he said he did not notice anything and did not think much damage.

In reference to the following incident:

During the spring of 2013, Mr. Bartell was spoken to about constantly talking with town residents and promising to do things that are not his job. He was reminded to stay on task and if he was approached by a resident who had questions or concerns that he should refer them to the office.

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Bartell said that he was spreading material across from the highway barn and a resident asked if he could fill something in and he said he would ask. Bob told me not promise things.

In reference to the accident on February 15, 2015

Roy asked why he attempted to plow when Bob told him not to plow and only sand. Bartell claims that the resident’s car was parked in the road. He said it was the end of the day and he was tired. Roy then asked if you were tired why continue.

Bartell said the area he plowed was an area that he thought he should plow and it is very narrow. He said two incidences prior Badore said people are getting upset and help them out and it meant to me if you plow someone in to fix it. Badore said a day and half after the storm he said go up to Highland Circle and clean out tops of the driveways.

Schleiff asked what the difference was and Badore said he was told to go and sand not widen the roads and if we go out to widen the road and it gets in driveways we clean it up. Schleiff said so there are two things; one is go widen roads and if snow gets in driveway clean it and the other is just plow.

Bartell said when he widens the road he uses his own discretion. His concern is the mirror and has told Bob and the mechanic about the mirrors on #702. These incidents come across as me driving around with my head on fire and I am not. The first incident on February 18, 2014, he said he was patching the road and what you do is you patch the road then go over the patch by pulling forward then backing up and before he backed up a car came up behind him, which he did not see, and he backed into the car. Badore agreed with him saying that when patching the roads cars do pull up right behind you but the second incident was uncalled for. Bartell said that after the first incident he was nervous and then the second accident happened. Roy then said so what your saying is that you were nervous and not in your right state of mind and continued to drive a heavy piece of equipment. Bartell then said yes you’re right I shouldn’t have done that.

Bartell explained that the accident involving the recycling truck in East Bridgewater. It was his first week working on the truck and he was on his way back and as took a turn the arm of the truck caught the light. He called Bob because he could not pull over and Bob asked him if anyone saw him and he said yes and that cars were beeping at him he then said get back the barn. Then as he was driving by Nick & Angelos (Rt. 106) the police pulled him over. He called Bob again and Bob told him not to leave the scene of an accident.

Roy said so you’re telling me that there was nowhere from the scene of the accident to Nick and Angelos where you could have pulled over despite the fact people were beeping at you and she asked why he didn’t pull over and call the police yourself? Bartell said at the time he did not know who to talk to and the policedid ask why he did not call right away. Roy stated that if you were in your private car she is sure he would have pulled over. Bartell said you are totally right I should have pulled over.

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In reference to the following incident:

During the summer of 2013 we received reports of his driving too fast. He was warned to slow down and pay attention.

Bartell said it was a Saturday morning and Bob was speaking with a co worker who was doing work at the Thompson Street cemetery. I did my stuff that day then on Monday Bob said he got a complaint about me speeding he asked if was it from him or a resident and he just smirked and he said he’ll keep it down.

In reference to the following incident:

During the winter of 2014 Mr. Bartell was again spoken to about cell phone usage and he was told to stop wearing his ear buds while working and driving town vehicles.

Roy asked if this was told just to Bartell or everyone and Badore said he has previously seen him talking on the phone and has told him numerous times that he does not want him to makes calls while driving and to pullover, park the truck and then make the call. Bartell then said this was just in conversation and he did not realize it was a verbal warning and Badore said he does not write it down he just says it.

Bartell wanted to reference another incident regardingdoing tasks for residents. He said that while doing his job he had turned up some stone so he helped shovel the stones back. Hathaway asked him if he viewed this as fixing something he did and he said yes.

As for the ear buds Bartell said they fit his ears better and wears them because the truck is loud. He also said that he does not talk on his phone with the ear buds and only wears them when plowing.

Dave Swanson also said that he wears them when plowing.

Badore was asked if he received complaints about the plugs and he said no.

In reference to the following incident:

During the winter of 2014, Mr. Bartell was told again to slow down and pay attention to what he was doing before he hurt someone. He jumped out of the truck without applying the brake so he could go to the bathroom. The truck (703) rolled off and would have hit the fence and highway surveyor’s vehicle if the mechanic did not see what was happening and jumped into the moving vehicle in order to stop it.

Bartell said that he has had a lot of words with the mechanic about his truck and has mentioned numerous times to the mechanic and Bob that the Sander and the brakes are bad. He said that Dave wanted me to move the truck. He said he had put the plow blade down, applied the emergency brake and went to the bathroom. When he returned he was told that Dave Nault had to jump out of the loader hop into his truck and had to put the emergency brake on. He did not think that was the case as he implied that Dave was physically challenged and would not be able to do that. Roy then asked him if Dave was lying about this and he said yes. Again Bartell said reading this makes it look as if he doesn’t pay attention or care and said that he has works very hard.

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Dave Swanson left at 6:43 p.m.

Garron asked if Dave filed a report and Badore said no but he came to him and explained what had happened.

Gilman said the truck did move. Bartell was asked if he thought someone moved the truck and he said yes.

Garron asked if he thought the hydraulics did not work and if anyone else who drives the truck has complaints about the vehicle. Badore said yes when Billy drove it (slack adjusters) but that was long before Bartell.

In reference to the Winnetuxet incident

Badore said he went out to look at the building and it looked like the back of the truck hit the building. Bartell said no that he hit it with the plow.

In reference to the attached letter

Bartell was given the attached letter to read and asked to sign it, Bartell said that Badore told him to just sign it and don’t worry about it. Badore said he never said that.

Garron said that if you are signing something that you don’t agree with it you can sign it but state “under protest”. Hathaway then said that Dave Swanson was there but was unfamiliar with this as we never had issues here in Halifax.