Andover Special Town Meeting

May 18—A series of six controversial and heavily debated warrant articles got mixed reviews during a Special Town Meeting Tuesday night, with two passing and four others failing.

The articles, filed by citizen petitions, were a mixed bag of items mostly calling for greater transparency in government. But one of the items singled out a group of school department employees.

By a vote of 250-231, Town Meeting members approved Article 1, which would use federal COVID relief funds to support a one-time stipend for Andover School Instructional Assistants, food services workers, administrative assistants, custodians and any other educational support professionals.

The article was presented by Instructional Assistants Susan Greco and Holly Currier.

Currier cited federal guidelines for the use of the federal money from the American Rescue Plan Act, or ARPA, noting that "federal guidelines prioritize hazard and retention pay."

"Experience matters and low pay ... doesn't give us an incentive to stick around," said Currier.

However, Town Counsel Tom Urbelis said that only the Select Board and School Committee could negotiate collective bargaining agreements, not Town Meeting members.

"It is not a town meeting's role to engage in collective bargaining," he said.

One Andover resident noted that teachers got a $3,000 stipend while instructional assistants "got nothing."

Another resident said that whether it was legal or not, voting "yes" sent a message that this was important and that the town should find other ways to get this done. Another resident echoed the same message.

Shannon Scully, a former School Committee member, urged residents to vote "no," citing the negotiations she undertook as a former member of the committee and echoing Urbelis by saying that town meeting did not have the authority to reopen a contract.

Another article that passed overwhelmingly prevents the town from using non-disclosure agreements with employees or students. However, the warrant also states employees or students may still request that the town not disclose their identity or something that would lead to the discovery of their identity.

Urbelis said the warrant would be advisory only.

Andover resident Mary Lyman presented the warrant and said a law similar to their warrant had been presented at the state level.

Lyman said NDAs could be used to cover up workplace harassment and called them a dangerous practice.

Since 2015 the town has entered into seven NDAs with former employees.

Town Manager Andrew Flanagan said then the town had offered to release each former employee under NDA.

Warrant article 2, meanwhile, which would have implemented an annual, anonymous, municipal-wide performance review of both the Town Manager and Superintendent of Schools, failed. The review was to be conducted by an "independent, industry-leading HR/employee appraisal performance management firm." The report was to be posted publicly on the town's website.

The article was presented by David Reilly, former town treasurer, who said the Select Board, which evaluates the town manager, had little interaction with town employees.

The Select Board voted against the article, saying that they were the only ones in town who could evaluate the town manager, according to Select Board member Annie Gilbert.

No town in Massachusetts does this kind of review, she said.

"Would be neither useful nor legal," Gilbert said.

School Committee Chair Susan McCready said there was already time for public input into the performance of the superintendent. The Finance Committee also disapproved of the article, saying it was not their role to choose a company that would conduct the review, said Paula Colby-Clements.

Andover resident Steve Walther said the warrant did not require the select board or school committee to use the results of the survey. Walther also said the warrant could be delayed until the contracts are renegotiated.

The remaining articles were voted on as follows:

— An article to establish a fund for mental health and well-being services using $1 million from Free Cash was rejected.

— Warrant article five, which required the town to post all no-bid contracts over $10,000 on the town's website also failed.

— Warrant article six, which would have authorized the Select Board to void the town manager's plan on spending $10.9 million in federal COVID relief funds also failed, by a vote of 110 in favor to 180 against.

Also during Tuesday night's meeting, regular town meeting members were given the results of the annual town election and also approved stipends for Select Board and School Committee members.

Town Meeting also honored Jim Greeley with the annual Virginia Cole Award for his "long-term contributions to the Town in an elected, appointed or volunteer role."

Annual Town Meeting will continue Wednesday night, starting at 7 p.m. at the Richard J. Collins Field House at Andover High School, when voting will take place on the annual budget and about 30 more items.

For more details on Town Meeting, watch for updates at andovertownsman.com and in next week's Townsman.

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