Rutland Herald
KILLINGTON — A man suing the town has added new allegations to his litany of claims against municipal leaders.
The Killington Select Board met illegally — even locking the doors to keep out the public — after hearing about Melvin B. Neisner Jr.’s lawsuit, the latter claims in recent court filings in his lawsuit against the town.
A Killington resident and lawyer, and the town’s moderator, Neisner now alleges that former Town Manager Seth Webb — the principal subject of Neisner’s lawsuit — shredded documents sometime after that meeting, “presumably” to keep them out of Neisner’s hands, according to court filings.
Webb, who was appointed as town manager in 2011, stepped down at the end of last year to take a position in the private sector. His last day as manager was Dec. 31.
Dick Horner, the town’s planning director, has been appointed to take over in the interim as Killington searches for a permanent replacement.
Alleging a series of misdeeds by Webb — including that he overcharged taxpayers, acted inappropriately toward employees, and misused town funds — Neisner sued the town in state court in late December.
Since one of Neisner’s allegations is about his due-process rights under the U.S. Constitution, Killington’s lawyers have moved the case to federal court. They have also filed a motion to dismiss the case.
Select Board Chairwoman Patty McGrath acknowledged that town leaders held an emergency meeting Dec. 22 to discuss Neisner’s lawsuit, and that the meeting took place behind closed doors, in executive session.
“Shouldn’t we be allowed to speak to a lawyer when the town is being sued?” she said.
McGrath said she had no knowledge of anyone shredding documents.
“Absolutely not,” she said.
The emergency meeting’s minutes were approved in open session at a later meeting, McGrath said.
Told that no Select Board minutes had been posted to the town’s website since a Dec. 17 meeting, McGrath said that was a mistake.
“I will certainly make sure that Dick (Horner) takes care of that,” she said. “I certainly remember seeing those minutes from those meetings. They should have been posted.”
Horner said Monday the minutes had not been posted online, in error, but had been posted in town at the library, post office and town office. Vermont law requires municipalities with websites to post meeting minutes within five days.
“It’s a transition and all that — it just fell through the cracks,” Horner said.
The Select Board held two emergency meetings — one Dec. 22, the other Dec. 30.
Select Board members took no action except to appoint McGrath as the liaison between the town’s lawyer and the Select Board, according to the minutes.
Reached by phone Monday, Neisner said he had proof of the board’s wrongdoing.
“I have a witness and I have a photograph,” he said of the allegedly illegal meeting.
“And I have the shredded documents,” Neisner added.
Asked what the documents pertained to, he invited the Herald to re-assemble them for him.
Neisner also insists in his Jan. 28 filing that the town, by pointing out the 2011 letter he sent the Select Board offering himself as a replacement to Webb, is falsely portraying him as a frustrated office-seeker.
He told the Herald the letter was meant as a joke. His new filings point out a letter he sent the Select Board the following year insisting the board reopen their search for a manager, but that he had “no desire” to hold the post.
During the interview Monday, he also threatened to sue the Herald if the paper printed that he had sought Webb’s job.
“I’m a pretty good darn person,” he said. “I’m trying to help the town in the way that the Select Board has not.”
lola.duffort@rutlandherald.com
The Killington Select Board met illegally — even locking the doors to keep out the public — after hearing about Melvin B. Neisner Jr.’s lawsuit, the latter claims in recent court filings in his lawsuit against the town.
A Killington resident and lawyer, and the town’s moderator, Neisner now alleges that former Town Manager Seth Webb — the principal subject of Neisner’s lawsuit — shredded documents sometime after that meeting, “presumably” to keep them out of Neisner’s hands, according to court filings.
Webb, who was appointed as town manager in 2011, stepped down at the end of last year to take a position in the private sector. His last day as manager was Dec. 31.
Dick Horner, the town’s planning director, has been appointed to take over in the interim as Killington searches for a permanent replacement.
Alleging a series of misdeeds by Webb — including that he overcharged taxpayers, acted inappropriately toward employees, and misused town funds — Neisner sued the town in state court in late December.
Since one of Neisner’s allegations is about his due-process rights under the U.S. Constitution, Killington’s lawyers have moved the case to federal court. They have also filed a motion to dismiss the case.
Select Board Chairwoman Patty McGrath acknowledged that town leaders held an emergency meeting Dec. 22 to discuss Neisner’s lawsuit, and that the meeting took place behind closed doors, in executive session.
“Shouldn’t we be allowed to speak to a lawyer when the town is being sued?” she said.
McGrath said she had no knowledge of anyone shredding documents.
“Absolutely not,” she said.
The emergency meeting’s minutes were approved in open session at a later meeting, McGrath said.
Told that no Select Board minutes had been posted to the town’s website since a Dec. 17 meeting, McGrath said that was a mistake.
“I will certainly make sure that Dick (Horner) takes care of that,” she said. “I certainly remember seeing those minutes from those meetings. They should have been posted.”
Horner said Monday the minutes had not been posted online, in error, but had been posted in town at the library, post office and town office. Vermont law requires municipalities with websites to post meeting minutes within five days.
“It’s a transition and all that — it just fell through the cracks,” Horner said.
The Select Board held two emergency meetings — one Dec. 22, the other Dec. 30.
Select Board members took no action except to appoint McGrath as the liaison between the town’s lawyer and the Select Board, according to the minutes.
Reached by phone Monday, Neisner said he had proof of the board’s wrongdoing.
“I have a witness and I have a photograph,” he said of the allegedly illegal meeting.
“And I have the shredded documents,” Neisner added.
Asked what the documents pertained to, he invited the Herald to re-assemble them for him.
Neisner also insists in his Jan. 28 filing that the town, by pointing out the 2011 letter he sent the Select Board offering himself as a replacement to Webb, is falsely portraying him as a frustrated office-seeker.
He told the Herald the letter was meant as a joke. His new filings point out a letter he sent the Select Board the following year insisting the board reopen their search for a manager, but that he had “no desire” to hold the post.
During the interview Monday, he also threatened to sue the Herald if the paper printed that he had sought Webb’s job.
“I’m a pretty good darn person,” he said. “I’m trying to help the town in the way that the Select Board has not.”
lola.duffort@rutlandherald.com
No comments:
Post a Comment