MINUTES - Executive - 1/25/2007 CITY OF SALEM
JANUARY 25, 2007
EXECUTIVE SESSION
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
January 25, 2007 at 7:00 P.M. for the purpose of transacting any and all business, at which
time, the City Council, by recorded roll call vote, went into Executive Session with the City
Solicitor Elizabeth Rennard of the Legal Department, to discuss a an arbitration settlement by
the Fire Fighters Association. Notice of this meeting was posted on January 19, 2007 at 9:52
P.M.
Councillors Sargent and O'Keefe were absent.
Council President Matthew Veno presided.
Council President Veno then called upon Attorney Elizabeth Rennard, City Solicitor, to
address the Council.
Attorney Rennard stated that the employee was Frank DeFranco (fire fighter). The
Attorney for Mr. DeFranco was David Wagner.
This case was regarding the civil service list. Apparently Mr. DeFranco in 1994 was on
the civil service list and was passed by, by the Fire Chief. There were no further openings. In
the summer of 2000 Mr. DeFranco started working for the City of Salem Fire Dept. In 2002 he
filed a grievance for the contractual benefits. In 2004 the Human Resource Director awarded
some benefits as if he was working since 1994 for bumping and bidding rights except certain
contractual benefits.
In 2006 he went for an upgrade and was denied. It went to arbitration and the arbitrator
stated that since he was awarded some benefits in the past he should be looked at as if he has
been working since 1994. The Union has asked for $16,000.00 to settle. The Solicitors
recommendation is to settle for $10,000.00.
Councillor Pelletier stated that we are paying for the sins of the past.
Councillor Sosnowski asked why did this happen?
Solicitor Rennard stated simply that he was just passed on the civil service list.
Councillor Pelletier moved to approve the payment of$10,000.00.
The motion was approved by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors
Sosnowski, Prevey, Pelletier, O'Leary, Lovely, Furey, Corchado, Blair and Veno were recorded
as voting in the affirmative. Councillors Sargent and O'Keefe were absent.
On the motion of Councillor O'Leary, the Executive Session was adjourned and the
regular meeting continued by a roll call vote of 9 yeas, 0 nays, 2.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK