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20230918 City Council Legal Affairs Committee Minutes Estelle M. Rand-Chair Todd C.Rotondo RECCE ir,`'. . Brendan S. Sweeney Cluj` L ; ;, _ I cL% Legal Affairs/City Council Committee of the Whole Meeting Minutes Monday, September 18, 2023, 6:OOPM City Council Committee Room,3rd Floor, Beverly City Hall, 191 Cabot St. Rand called the meeting to order at 6:00pm. Members present: Todd Rotondo,Brendan Sweeney,Estelle Rand Other Councilors present: Hannah Bowen,Julie Flowers Others present: Mayor Michael Cahill, Police Chief John LeLacheur, and City Council Budget/Management Analyst Gerry Perry, Assistant City Solicitor Jesse Dole Order Date to Description Action Taken Number Committee #227 9/5/2023 Reappointment-John LeLacheur to serve as Beverly's Police Chief Approved (3-0) Cahill stated he and Chief LeLacheur thought it was a good time to look at the contract in light of the chief's approaching 65th birthday and the mandatory retirement age. The role of the council would be to approve or not approve the reappointment, and the chief and the mayor work out the contract. LeLacheur gave an overview of what has been accomplished together since he came to Beverly in 2013, including increasing staffing to match similar-sized communities, starting the Community Impact Unit, adding another officer to work with domestic abuse victims, and building the new police station. Some of the things that are still being worked on are a grant to be a regional training center, additional mental health training, implementing civilian dispatch and working towards full accreditation. Rand asked about the impact of the chief s leadership on general morale. LeLacheur stated it has been encouraging to see promotions and interest in the specialist positions because it shows officers are excited about the work being done in the city. LeLacheur credited the men and women who work for the department. Cahill added that ten years of consistent professionalism and positive leadership has made a deep positive impact within the department. Cahill stated that LeLacheur has set a tone and fostered and created a culture that has brought the city to a great place. Perry spoke in support of the reappointment. Rotondo asked for an update on the transition to civilian dispatch. LeLacheur stated the department is looking at applicants and will need to hire five new dispatchers and get them trained. Rotondo noted the article in the Salem News today about the lawsuit against the chief and asked about the case. LeLacheur stated he makes it a policy not to speak on open litigation. The attorney commented in the article. Rotondo asked Mayor Cahill if there is a concern that there are better opportunities out there or a chance of losing Chief LeLacheur to another city. Cahill stated he hoped not. If the Council approved this, it would be roughly a 3.5 year contract. It seems like a good time to do it while there is still time left on a contract. Cahill spoke to the question about the lawsuit and talked about the arc of the life cycle of a lawsuit that goes in and out of the news through different steps of the process. The incident was several years ago. When it happened, we conducted a review and determined it was clearly a very human mistake. Cahill stated he has the utmost confidence in who is leading the department. It was settled as a personnel issue. LeLacheur stated he has not applied for another job. There are communities paying $30,000440,000 more. Rotondo commended the chief for being out looking at traffic on the first day of school. There was some discussion about the similarities between the current contract and the new contract. Rotondo stated he talked to others in the police department and it seems like overall they feel Chief LeLacheur is a good boss. Flowers asked if there were decisions made about process and protocol for how things may be posted or shared on social media. LeLacheur stated two new policies have been implemented and a public relations firm has been hired to handle media. Flowers stated that sounds helpful. It seems like it could be really hard in a high-pressure situation to manage both the situation and the communication about the situation. Bowen asked about the timing of the request. LeLacheur stated the current contract states one year prior to the contract expiring we have to look towards renewing. The current contract is until December 2024, so we wanted to start it. Bowen mentioned the charter minimum of three years for public safety appointments. Bowen stated it would be helpful to have context for the prompting events. Cahill stated most department heads do not have contracts. Public safety department heads are typically five year appointments with contracts, and other department heads are three year appointments with no contract except for the library director, airport manager and a small handful based on state law. Bowen stated given that window of opportunity to begin negotiating a year before the contract expires, it feels like there could have been a fuller conversation about policy changes and ways the department has grown. This puts us as councilors in a tough spot, not being able to do a full review. There are conversations we cannot have today in a public meeting because of that litigation. It sounds like this is not pressing until January or May. Cahill stated there is a universe of things the chief can be asked about right now. Dole stated he cannot speak to legal arguments but can speak to what has been filed. There has been a motion to have the case dismissed. These things take time. There may not be an answer any time in the foreseeable future. Houseman asked, understanding the procedural aspects, if the process were to continue for a year and a half and at the end of the day there was an adverse decision against the chief, hypothetically what would the mayor do. The council would not want to be bound at that point to an outstanding contract. Cahill reiterated an internal investigation was conducted as a personnel issue, and it was determined that it was an honest mistake. Everything Chief LeLacheur has done before and since has nothing but reinforced confidence in him. Houseman clarified that he fully embraced the notion that it was a good faith mistake. There was a brief discussion on how there is a process in the contract and possibly the charter to reassess. A motion to approve was made and seconded. A vote was taken, and the motion passed (3-0). The meeting adjourned at 6:45pm. Beverly City Council Connnittee on Legal Affairs Meeting Minutes—September 18,2023 page 2 of 2