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In Settlement With Chief, Wayland Sought To Avoid Litigation: Minutes

In Settlement With Chief, Wayland Sought To Avoid Litigation: Minutes

News Admin by News Admin
December 20, 2022
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WAYLAND, MA — The Wayland Choose Board has launched minutes from closed-session conferences negotiating the resignation of former police chief Sean Gibbons. The proceedings present the board and different city officers wished to barter Gibbons’ resignation primarily to keep away from a protracted authorized battle, and to keep away from inside strife within the division.

Gibbons signed a resignation settlement after he was accused of sexual harassment by two police division staff. Below the settlement, Gibbons was allowed to stay on paid administrative go away by way of Tuesday, and can obtain almost $400,000 in payouts from the city over the subsequent two years. That features greater than $36,000 for trip time, plus two $179,000 funds that will likely be made in January 2023 and January 2024.

The investigation into Gibbons’ behavior at work that turned up a number of troubling gadgets, together with two sexual encounters with subordinates — one in 2003 and one other in 2010 — and driving drunk no less than twice, in keeping with the report.

Discover out what’s occurring in Waylandwith free, real-time updates from Patch.

In a press release by way of his legal professional, Gibbons has maintained that the allegations had been retaliation for Gibbons passing over Wayland officers for promotions.

The comparatively giant payout — Gibbons’ wage was bout $137,000 per 12 months — led to questions on why he was not merely terminated or disciplined, saving the city from paying him to depart. Gibbons was employed in December 2021 with a four-year contract ending in June 2025.

Discover out what’s occurring in Waylandwith free, real-time updates from Patch.

The contract included a clause giving the choose board the ability to fireside the chief after a misconduct listening to. After such a vote, Gibbons would’ve had enchantment choices, together with arbitration and a listening to in both district or superior court docket. If a court docket choose had been to overturn the choose board’s choice, the chief would have the ability to return to his job, obtain again compensation and be reimbursed for his authorized charges, per the contract.

A mix of the chance of a lawsuit and the chance Gibbons would return to work had been all elements within the board’s settlement, the manager session minutes present. This is a breakdown of what the board mentioned over the past a number of months in closed session:

Sept. 28

The primary government session assembly got here after Gibbons was positioned on go away in April following an accusation of sexual harassment. Within the intervening months, a regulation agency interviewed Gibbons, the victims and different city officers and produced a 31-page report launched publicly on Dec. 5.

In the course of the assembly, the board, Gibbons, former interim city supervisor Stephen Crane and several other attorneys mentioned the investigation and what the city ought to do. Members of the choose board additionally started to speak about how the report may damage the division ought to Gibbons be allowed to return to work.

“[Member Dave Watkins] famous concern relating to the operations of the division and for encouraging hiring and variety, fairness and inclusion shifting ahead given the poor selections made by the chief,” the minutes say.

The group additionally mentioned the timing of the grievance made towards Gibbons, but additionally that Gibbons in February had “yelled at” one of many girls who would go on to make a sexual harassment declare.

“Gibbons famous the report saying he yelled at individuals, and he acknowledged that he did yell at staff. He said that he takes his job critically and that he does yell at somebody if they don’t seem to be doing their job,” the minutes say.

Finally, the board took two unanimous votes on Sept. 28: one to schedule a disciplinary listening to for Gibbons, and a second to enter into settlement negotiations.

Oct. 17

By mid-October, Gibbons and his legal professional had proposed an preliminary settlement: 5 days suspension with out pay, forfeiting 20 days of trip time and participation in trainings.

As a counter, the board mentioned choices like a 25-day suspension and Gibbons forfeiting virtually all of his sick and trip time. Member Tom Fay famous {that a} payout may value “4 to 5 hundred thousand,” and Crane mentioned it is perhaps cheaper to maintain Gibbons on paid administrative go away till his contract expired. Fay additionally mentioned the findings of the report will not be sufficient to terminate Gibbons outright, hinting at a doable authorized problem to self-discipline.

The group additionally started to debate the ramifications of Gibbons returning to the job.

“[Crane] said he didn’t imagine Gibbons could possibly be an efficient chief in Wayland,” the minutes say. “He noticed Gibbons participating in actions that he was suggested not to participate in, particularly he attended the Massachusetts Chief’s conference whereas on paid administrative go away. Crane famous that if Gibbons returned, the union might file a number of grievances and a few officers might go away.”

After members together with Chair Cherry Karlson and Adam Gutbezahl resisted the concept of permitting Gibbons to return to the job, the board voted to supply to purchase out Gibbons’ contract and set an Oct. 22 deadline for the provide.

Nov. 7

Though a big portion of the minutes had been redacted for this assembly, a number of key gadgets had been mentioned.

Appearing City Supervisor John Bugbee instructed the board he wouldn’t be prepared to re-certify Gibbons as a police officer beneath the state’s new Peace Officer Requirements and Coaching (POST) Fee rules — which might successfully finish Gibbons’ authorization to work as a policeman within the state.

The POST Fee final week launched the names of police (solely final names A to H) who had been re-certified, and Gibbons was not on the record.

Gibbons and his legal professional additionally returned a counter-offer to a contract buyout asking for $600,000 in compensation, in keeping with the minutes. The board agreed to counter with a proposal that included a retired officer card, payout of his contract, authorized releases and a most settlement of $350,000.

Nov. 14

By mid-November, the 2 sides had come to an settlement that Gibbons wouldn’t return to work and {that a} settlement would resolve the matter. On the assembly, the board mentioned a $337,500 buyout of the contract.

By this time within the course of, the disciplinary listening to voted on on the Sept. 28 assembly had been put apart in favor of settlement negotiations.

Nov. 21

The group mentioned releasing the Gibbons investigation to the general public. The board additionally mentioned upping the $337,500 settlement provide to account for advantages. The group arrived on the $393,000 determine that Gibbons would ultimately conform to.

Nov. 25

The board makes two key votes: approving the settlement settlement with Gibbons with minor modifications, and the plan to launch details about the investigation publicly.

The board additionally met on Dec. 5, however solely briefly to debate the discharge of government session minutes.

With Gibbons’ final official day on Tuesday, appearing Wayland Chief Ed Burman will stay in cost for the foreseeable future. The city might not start a seek for a brand new chief till the city supervisor hiring course of is full. The choose board remains to be negotiating with the chosen candidate: Southbridge City Supervisor Michael McCall.


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