Font ResizeAYER -- Following months of requests, the Selectmen's office released executive session minutes mid afternoon Wednesday regarding a controversial July 17 Tri-Board meeting.
At that time, the sum of $126,750 was transferred out of the Reserve Fund to pay-off the Estate of Kenneth Waters. DNA evidence had cleared the man who served 18 years in prison for the murder of an Ayer woman. His estate sued Ayer claiming sloppy police work and negligent management by the lead Ayer detective.
Monday night's Town Meeting will be asked to replenish the wiped-out Reserve Fund for this same amount. Article 4 of the seven warrant article, co sponsored by the Selectmen and Finance Committee, would require a simple majority vote, or a two-thirds vote if monies are taken from the Stabilization Fund.
The legality of the July closed-door Reserve Fund transfer was questioned by former selectman and Fin Com member Pauline Conley because the non-public vote was paying off a plaintiff in a long-pending suit. Therefore, the expense wasn't "unforeseen," she said, which is what Reserve Fund transfers cover.
Conley also noted that the transfer into a town insurance account took place when that account was already flush with $130,000. Such transfers are to replenish accounts that are empty or insufficiently funded.
The Finance Committee voted unanimously 3-0, and the selectmen ratified unanimously 5-0 vote, in favor of the reserve fund transfer for Waters. The town's six
Conley determined that the Fin Com itself had not been copied on either the $3.4 million Waters or $3.1 million Maher settlement agreements, though only Waters was in play at the time of the closed door vote. The minutes state just that the Finance Committee was given a spreadsheet and a selectmen's memo prepared by Town Administrator Shaun Suhoski. Selectmen Chairman Connie Sullivan, an attorney, is described in the minutes as offering "a detailed background on the Waters litigation, read the plaintiff's settlement statement for perspective and spoke to the posture and rationale for reaching a settlement."
In a dramatic flourish, after the Reserve Fund vote, Conley slid copies of the agreement across the conference room table towards the Finance Committee at their August 12 meeting saying, "They're public. You should review them since you funded at least one of them."
The minutes continue to state that the tri-board members "engaged in discussion over the strategy of utilizing reserve funds versus other sources for the local contribution." The minutes continue, "Strategy-wise, better to deplete the reserve fund rather than "open up" other sources of funds to scrutiny (i.e. stabilization, UDAG or other) given the pending Maher mediation and potential trial." (emphasis added)
The minutes then state that "the membership discussed whether, and when, to seek replenishment of reserve fund." That request is on the Town Meeting warrant for this coming Monday, Oct. 26 at 7 p.m. when fall Town Meeting opens at Ayer High/Middle School.
During the closed door meeting, special town counsel Robert Gilbert of the Andover firm Gilbert & Renton, briefed the Tri-Board on the risks of failing to settle the Waters suit in this way:
"Mr. Gilbert provided a legal update on the two cases and contrasted the Waters and Maher cases for the board. Mr. Gilbert stating that if Maher goes to jury, "you will lose" and that both cases are "dangerous" in terms of potential dollar damages against the town.
