SOUTHAMPTON — The Board of Selectmen violated the state’s Open Meeting Law last fall when it took a vote that indirectly affected the employment status of a deputy fire chief, the state attorney general’s office ruled Monday.
The board exceeded its authority to act in closed session when it took steps to fire Kyle Miltimore in an Sept. 20 executive session, Assistant Attorney General Jonathan Sclarsic ruled.
“Following that meeting, the Town’s fire chief submitted a personnel change form, which would effectively terminate Mr. Miltimore’s employment,” the decision states.
No action has been taken on that form and Miltimore is still employed by the town, but remains on administrative leave, according to the ruling.
“We order the Board’s immediate and future compliance with the Open Meeting Law,” the ruling states.
The board is also ordered to allow Miltimore to review the minutes of the Sept. 20 meeting, which will remain confidential until properly released by the board.
The conflict that prompted Miltimore to file an Open Meeting Law complaint last November began in March of 2015 when he filed a complaint with the Select Board against another town employee.
Also that year, Miltimore was placed on administrative leave. He claims that he lost his job after alerting officials of the Fire Department’s mismanagement of drugs. In 2016, Miltimore threatened legal action against the town and demanded $100,000 for lost wages and emotional distress.
The board held two executive sessions to discuss the unnamed employee in August 2015 and September 2016.
The purpose of those executive sessions were to discuss the “reputation, character, physical condition or mental health, rather than professional competence, of an individual, or discuss the discipline or dismissal, or complaints or charges against, a police officer, employee, staff member or individual.”
While the sessions were to be about another town employee, Miltimore alleged in his complaint with the AG’s office that the board discussed his reputation and character at those meetings without providing him notice or opportunity to be present.
Sclarsic, of the AG’s office, determined that the board properly convened the executive sessions. He said Miltimore was “incidental” to the discussion, and the board was not required to provide him notice and the chance to participate.
The board erred, however, by taking a vote on Miltimore’s employment on Sept. 20 without giving him proper notice.
“While the Board does not directly supervise Mr. Miltimore, it did take action that apparently allowed his supervisor to proceed to terminate Mr. Miltimore’s employment,” the ruling states. “By taking action that affected Mr. Miltimore, the Board exceeded its authority to act in that executive session.”
Sclarsic advised that the board should have taken the action in open session, or convened a subsequent executive session while providing Miltimore notice and the opportunity to attend before taking its vote. The attorney general’s office declined Miltimore’s request for reinstatement because the board did not have the authority to place him on leave in the first place.