The committee voted 4-0 by roll call to enter executive session for three purposes: (1) collective bargaining strategy with the Marblehead Education Association, occupational therapists, physical therapists, board-certified behavior analysts, OT assistants, PT assistants, and certified nurse assistants; (2) review of executive session minutes from nine prior sessions dating back to December 2023; and (3) discussion of litigation in case MUP-26-12060 between the Marblehead School Committee and the Marblehead Education Association. The chair declared no intent to return to open session.

• Article 15 – Administrative pay schedule: Cost-of-living adjustment for non-union administrative staff, consistent with collective bargaining agreements.
• Article 16 – Traffic supervisor pay schedule: Cost-of-living adjustment for crossing guards.
• Article 17 – Seasonal and temporary pay schedule: Cost-of-living adjustment for summer recreation and parks staff.
• Article 18 – Town Clerk compensation: 3% increase to $97,460.
• Article 19 – Firefighters CBA (Local 2043): Three-year contract FY2027–FY2029; 3% wage increase years 1–2, 3.5% year 3; adds sick leave bank, adjusts detail pay, longevity/educational incentives, and cancer screening benefits. Additional FY2027 appropriation of $143,238 from free cash.
• Article 20 – Salary bylaw ratification: Compensation committee actions May 2025–April 2026 ratified; 6 reclassifications, 4 new/restructured positions, 1 title change, 10 job description updates.

All approved by hand vote.

Article 31 amends Chapter 43 of town bylaws to update benefits for administrative employees for the first time in over 20 years. Changes include three personal days (no cost) and longevity stipend increases of $750 per level for a limited number of positions. Total estimated cost is approximately $12,000, to be absorbed within existing budget lines or the FinCom reserve if needed. The Select Board had previously voted to indefinitely postpone the article but reversed that vote after receiving the cost analysis. The FinCom voted unanimously to recommend adoption.

Town Administrator Thatcher confirmed the fire department collective bargaining agreement was finalized on a three-year term with a 3%, 3%, and 3.5% COLA, consistent with the pattern of recently settled contracts. The estimated additional cost of approximately $171,000 was already built into the FY27 balanced budget projections.

A new sick bank provision was included; any draw-down costs above the existing budget would be funded through the FinCom reserve. Committee members questioned the overtime calculation methodology; the town administrator explained that public safety contracts are subject to binding arbitration through the Joint Labor Management Commission (JLMC), limiting the town’s leverage. The overtime problem is more effectively addressed through staffing additions funded by an override than through contract language.

The committee voted unanimously to recommend ratification of Article 19.

The Town Administrator recommended reversing a prior stance on Article 31 (administrative benefit amendment) after meeting with the affected administrators. The cost is approximately $12,000 and affects a small number of employees whose benefits had not been reviewed in over 25 years. The board approved it unanimously.

Article 34 was indefinitely postponed unanimously without discussion.

Article 29 (supplemental expenses, appropriation of approximately $4.3 million) was continued to the April 22nd meeting for additional clarification.

The board then voted unanimously to enter executive session under MGL Chapter 30A, Section 21 to discuss collective bargaining strategy with IAFF Local 2043, with no reconvening in open session.

Article 19 (fire collective bargaining) held – board has not seen the agreement yet, meeting scheduled for the following Tuesday. Article 31 (administrative benefit amendment) indefinitely postponed. Pay-schedule articles 15-18 approved with uniform 3% increases (town clerk at $97,460). Resident Terry Tollef (online) asked whether the MOU’s contractual-raise constraints apply to individual administrator and department-head contracts as well as union contracts; staff confirmed all are bound by the MOU budget growth assumptions.

Article 31 proposed amendments to administrative (non-union) employee benefits — including vacation accrual, personal days, and longevity — to align with recent union collective bargaining improvements. The CFO stated the costs have not been budgeted and cannot be recommended in the current environment. A department head noted that not all administrators support moving forward given ongoing layoffs. The committee tabled the article to April 27 for possible amendment (e.g., personal days only, with no net budget impact), with the recognition that it may still be indefinitely postponed.

The committee approved Articles 15, 16, and 17 granting a 3% cost-of-living adjustment effective July 1, 2026, to administrative positions, traffic supervisors (crossing guards), and seasonal/temporary personnel. The 3% matches recent union collective bargaining agreements; administrative positions had received only 2% in FY26.

Article 18 set the elected town clerk’s annual compensation at $97,460, consistent with the already-voted budget.

Article 19 (fire collective bargaining) was tabled; negotiations are ongoing.

Article 20 ratified the Compensation Committee’s 38 personnel actions during calendar year 2025, including 10 job description changes with pay grade adjustments, 12 with no grade change, 3 new positions, and 13 hires above entry-level step one. A town-wide compensation and job classification study is underway with the same consulting firm (formerly GovHR) that performed a prior study.

The contributory retirement line item, included within Other General Government, reflects an 8.6% increase totaling $462,735 based on an actuarial report being refreshed this year. Marblehead’s pension fund is approximately 70.5% funded, placing it near the middle of Massachusetts municipalities. The current target for full funding is 2036. Committee members noted that once the pension is fully funded, the annual appropriation will drop significantly, but OPEB (Other Post-Employment Benefits) liabilities—currently estimated in the range of $80 million—may require mandatory funding contributions as the Commonwealth has signaled for municipalities.

The waste/health director announced that the department’s public health nurse, Tracy, will retire at the end of April. The director described her as an exceptional clinician and noted that filling public health nurse positions is highly competitive against hospital and school nursing roles. An updated job description at the grade-7 administrative scale was shared with the board and will be posted for recruitment. No vote was required.

Veterans Services Agent Laura Gerrish reported:

• 221 veterans or surviving spouses in Marblehead receive an average of $397,556 per month (~$4.8M/year) in federal VA benefits (pension, service-connected disability).
• Securing federal benefits removes veterans from the Chapter 115 state-aid rolls, saving town funds. Chapter 115 benefits are reimbursed 75% by the state.
• Average VA claim requires 4–8 hours of work; dependent/surviving spouse claims take longer.
• The PACT Act and Camp Lejeune Water Act have increased claims volume.
• The agent is on the governor’s council for sexual assault, human trafficking, and domestic violence as it relates to veterans, and is pursuing a legislative recommendation requiring notification of military commanders when National Guard/Reserve members are arrested for domestic violence.
• Veteran suicide rates cited at 42–44 per day nationally.
• Memorial and Veterans Day line shows a small increase; band costs noted at $7,000+ minimum.

The 2025 Annual Compensation Committee report (required under Chapter 43 of the town bylaws) was presented by Town Administrator Patrick. The committee — comprising the town administrator, CFO Alicia Benjamin, and department head Andrew Petty, supported by HR Director Tom Howard — took 38 total actions during the year:

A consultant engaged under the bylaw’s three-year review requirement compared Marblehead salary grades against comparable communities. The analysis found Marblehead positions generally fall within peer ranges but at the lower end, and that the board’s existing policy of targeting the 50th percentile may need upward adjustment given the town’s geographic location and labor market. The administrator indicated he will return to the board with cost estimates for moving to various percentile targets (55th, 60th, 65th) on a phased basis.

Following a brief executive session to address a procedural question, the committee voted 4–0 to hear the Step 3 grievance in open session at the request of the grievant and her attorney.

Background presented by the grievant (Ms. Carnes / referred to as Ms. Karnes in some ASR passages):

• Has taught English at Marblehead Veterans Middle School (MVMS) for 24 years; served as sole lead English teacher since the position was established in 2008 — 16 consecutive years.
• In June 2024, she publicly presented at the ICAN Summit about antisemitism in Marblehead schools; the presentation received significant local media attention.
• Approximately one month later (July 2024), her lead-teacher position was split, with a colleague she had mentored receiving a co-lead role. The split was alleged to contradict the CBA (which specifies five lead-teacher positions at MVMS, one per subject area) and the lead-teacher job posting.
• Former principal Matt Fox reportedly told her the split was for one year only and the position would revert to a single lead in 2025–26; instead, the split continued.
• The stipend was cut by approximately half (estimated $3,000–$4,000/year); she continues to attend all lead-teacher meetings and perform comparable duties. With retirement approximately four years away, the pension impact over her remaining years is her primary financial concern.
• She stated she has no union representation: MEA never contacted her; a union rep appeared at the Level 2 hearing only after being directed by the union president.

History of lead-teacher positions at MVMS presented by the grievant’s attorney:

• Social studies: single lead since 2008, still in place
• Science: single lead 2008–~2014 (retirement), single lead ~2014–2025 (retirement)
• Math: single lead 2008–~2018 (retirement), then two teachers agreed to alternate years by choice (full stipend each year)
• English: single lead 2008–2024, then split in July 2024 — approximately one month after ICAN

Superintendent’s Level 2 response: The superintendent stated that at Level 2, the grievant mentioned being Jewish and Zionist at the end of their conversation, but he found nothing compelling to indicate the stipend split was motivated by antisemitism, and upheld the principal’s decision.

Relief requested: Reinstatement as sole lead English teacher at MVMS; back pay for the two years the stipend was split (estimated ~$6,000–$8,000 total); the attorney noted an MCAD complaint against the MTA was recently amended to include this grievance, and stated both would be withdrawn if the grievance is resolved.

Process: Under the CBA, the committee has 21 calendar days to respond. The committee voted 3–1 to move deliberations into executive session.

The Marblehead Education Association has requested bargaining for a newly recognized unit comprising Board Certified Behavior Analysts (BCBAs), physical therapists (PTs), occupational therapists (OTs), physical therapist assistants (PTAs), occupational therapy assistants (OTAs), and certified nursing assistants (CNAs).

The committee voted 4–0 to appoint Kate and Melissa to the bargaining subcommittee, and 4–0 to constitute the full bargaining team as those two members plus the Town Administrator and Superintendent. Whether negotiations will be conducted in open or executive session was noted as a topic for strategy discussion in executive session.

The committee voted 4-0 to enter executive session for three purposes under Chapter 30A, Section 21A: (1) potential litigation involving former administrator Jay Buckley; (2) a step-three collective bargaining grievance filed by the MEA regarding the lead teacher stipend; and (3) deliberation on the committee’s response to that grievance. The chair declared no intent to return to open session.

The chair read a prepared statement disclosing that in November 2024, the school committee and the Marblehead Education Association (MEA) signed a memorandum of agreement providing for new student arrival times starting in the 2025-26 school year, intended to add a second elementary recess. After implementation, the MEA filed a prohibited practice charge with the Massachusetts Department of Labor.

A settlement agreement was approved by the school committee in executive session on November 20, 2025, by a vote of 5-1, with Town Administrator Thatcher Keys participating. Under the settlement:

• The MEA dismissed its prohibited practice charge and a related grievance.
• Middle and high school start and end times will return to 2024-25 levels.
• Elementary school teachers may self-direct one PLC day per month from December through June.
• A group of administrators and educators will continue meeting to address elementary prep time impacts.

A committee member raised a point of order, noting the vote results had not been formally released by committee vote. Another member moved to release the full executive session minutes; the motion passed 4-0.

Debate followed regarding the impact of reverting the high school end time. One member characterized the 7-minute change as never having been operationalized prior to September 2025, disputing an estimate of $500,000 in additional compensation costs. Another member argued the change was a contract modification made without a public vote to reopen bargaining and constituted a breach of Massachusetts General Law.

The committee voted 4-0 via roll call to enter executive session pursuant to M.G.L. c. 30A, §21A(3) (Purpose 3 — litigation) for two matters:

1. Marblehead School Committee v. Marblehead Teachers Association, MUP-25-1555
2. Boyd Perry v. Marblehead Public Schools et al., Docket No. 1:24-cv-0606, U.S. District Court, District of Massachusetts

The chair declared no intent to return to open session.

The board noted one vacancy on the Finance Committee. An application from Ramon Garcia (currently on the Housing Committee) was received. A deadline of December 30, 2025 was set for letters of interest. The board also accepted the resignation of Charles Ner, the town’s long-serving Massport Community Advisory representative, and voted to send a letter of appreciation.

The Select Board chair read a public statement disclosing that the town and Officer Christopher Gallo reached a settlement agreement resolving all financial issues arising from an arbitration award that reinstated Gallo following his termination in February 2024.

Settlement terms: | Component | Amount | |—|—| | Wages (salary, overtime, details) — subject to withholding | $260,000 | | Non-wage COBRA health insurance reimbursement | $35,000 | | Total | $295,000 |

Payment schedule:

• ~$150,000 (including COBRA reimbursement) within 30 days of execution (FY26)
• Remaining ~$145,000 by July 31, 2026 (FY27)
• Remaining arbitrator fees paid separately

The statement noted this represents a full and final resolution of financial matters without admission of wrongdoing by either party, and that both parties retain their respective rights and responsibilities under Massachusetts law.

The board voted to adjourn to executive session under MGL Chapter 30A, Section 21, to discuss pending litigation in the matter of Adams v. Marblehead (case no. 24-GL-000655). The chair noted that public discussion could have a detrimental effect on the town’s negotiating position. The board did not plan to reconvene in open session.

The committee voted 5–0 to enter executive session without intent to return to open session. The five matters discussed were: (1) MTA litigation MUPL-24-10570; (2) threatened litigation by former student services chairperson Lauren Skelton Lurd; (3) MTA litigation WMAM-25-1574; (4) MTA litigation WMAM-25-1575; (5) an OMI complaint filed by the MEA against a public officer or staff member.

Assistant Superintendent Julia presented the Appendix K ratification. The Joint Labor-Management Committee, co-chaired by Katie Freegan and Julia, met multiple times and revised all 15 pages of Appendix K covering educator evaluation. Key change: teachers with Professional Teacher Status will now receive one formal observation per year (no less than 10 minutes) rather than one every two years. Non-PTS evaluation process is unchanged. The MEA ratified the agreement on August 25. The school committee voted 5–0 to ratify.

The board voted unanimously to enter executive session pursuant to Massachusetts General Law Chapter 30A, paragraph 21(a)(2), to conduct strategy sessions in preparation for negotiation regarding the health director’s employment contract. The board stated it would not return to open session. Open session adjourned at approximately 9:15 PM.

Pursuant to Massachusetts General Law Chapter 30A, Section 21(a)(2), the board voted unanimously to enter executive session to conduct strategy sessions and collective bargaining negotiations for the health director’s employment contract. The board stated it would not reconvene in open session following the executive session.

The town entered a Memorandum of Understanding with IAFF Local 2043 (Marblehead firefighters) to adjust uniform allowances following a change in purchasing and reimbursement processes associated with the town’s transition to the MUNIS financial system.

The MOU implements uniform allowance increases that had been tentatively agreed in broader contract negotiations but deferred from the prior one-year agreement:

• $901 → $1,000 effective July 1, 2025
• $1,000 → $1,300 effective July 1, 2026

The agreement resolves an impact-bargaining obligation that arose because the system change altered individual firefighters’ responsibilities regarding the reimbursement process.

Committee member Allison Taylor raised a concern during subcommittee updates that a proposal to move grades 4-6 from two recesses to one extended recess (approximately 30 minutes vs. current 20 minutes) may conflict with language in the ratified MEA collective bargaining agreement, which provides for a second morning recess at the elementary level (K-6).

Superintendent Roberto acknowledged the concern, noted attorneys have been involved, and said he would seek further legal review. Taylor suggested a possible MOA in which the union relinquishes its contractual right to a second morning recess for grades 4-6. The recess policy is expected to come back to the committee at the June 18 meeting. The joint labor-management committee (JLMC) met the same day as the school committee meeting.

Following an executive session earlier in the evening, the Select Board voted unanimously to approve a new three-year employment contract for Town Administrator Thatcher Keer. The chair noted the contract reflects a cost-of-living adjustment in the first year as well as merit-based performance reviews and consideration of market conditions. Board members credited Keer with strategic reorganization of town government, successful collective bargaining in a single year with the teachers union, police union, and MMEU, and building a strong professional staff including the HR director, community development/planning department, and finance office. Keer expressed appreciation for the board’s collaborative working relationship and credited the team culture across town departments. The contract will be formally executed and released once signed.

The chair announced the board would enter executive session pursuant to Massachusetts General Law Chapter 30A, Section 21A(2) — to conduct strategy sessions or contract negotiations with non-union personnel — specifically regarding the health director’s employment contract. The board confirmed it would not return to open session; executive session minutes will become public once the matter is concluded.

Article 19 ($140,000 from free cash) funded the police contract: a one-year agreement at 2% for FY25 and year one of a new three-year deal at 3.5% (including 1% for new POST training requirements) for FY26. Passed 387–45. Article 20 ($140,000 from free cash) funded the MMEU (municipal employees union) three-year agreement: 2% for FY25, 3% for FY26, with FY27 terms also set. Passed 402–35. Article 21 ($150,000 from free cash) funded the firefighters’ one-year agreement at 3% for FY26, with contracts not expiring until June. Passed 418–20.

Articles 12–14 provided 2% cost-of-living adjustments for administrative, traffic supervisor, and seasonal/temporary employees, passing 401–27, 409–28, and 413–24 respectively. Article 15 provided a 2% increase for the elected Town Clerk position (381–54). Article 16 ratified compensation committee actions including DPW reorganization grade changes, a new assistant engineer position, the community development/planning director position, an assistant director of waste position, and a superintendent of recreation position (370–78). A resident raised concerns about creating new positions given budget constraints.

The committee voted unanimously to codify in open session a correction discussed in executive session. A June 2022 agreement with the Marblehead Education Association (Unit A) provided for automatic cost-of-living increases on stipend positions. A small number of intramural coaching positions paid hourly rather than by stipend were inadvertently excluded. The vote brings those hourly positions into the COLA framework. The cost impact was described as minimal and funded through user fees rather than the operating budget.

The chair noted that Articles 19–21, covering collective bargaining agreements, remained unsigned as of the meeting. Progress is being made and one or more contracts could be signed before town meeting. The committee acknowledged it may need to make recommendations on those articles on the floor of town meeting.

A citizen warrant article (Article 47) proposes that town meeting vote to eliminate the sustainability coordinator position. Board members unanimously moved to support keeping the position, citing over $1 million in infrastructure-related grants, $92,000 in ADA grants, and contributions to the MBTA 3A zoning process. The town administrator explained the position was the first hire in the newly created Department of Community Development and Planning before the director was in place, leading to the coordinator taking on a broader portfolio than the title implies. The department is now fully staffed with a director, grant coordinator, and town planner, and roles are being aligned under new director Brendan.

The committee voted unanimously to oppose Article 48, which would advise the Select Board to enact a policy requiring department heads to reside in Marblehead. Multiple FinCom members expressed concern that restricting the applicant pool to Marblehead residents would reduce competition for specialized positions and likely increase compensation costs to attract suitable candidates. A FinCom member noted that most department heads report to elected or appointed boards and commissions whose members must be residents, providing substantial resident oversight. The article is advisory only and could not legally force the position.

The town administrator reported that all three units — police, the MEU (local 1776), and fire — are in active negotiations, with the MEU in mediation. The town hopes to settle all three before town meeting. Any cost above the 2% already included in the budget would need to be funded through these articles. The Finance Committee made no recommendation pending settlement.

Articles 12, 13, and 14 each establish a 2% cost-of-living increase effective July 1, 2025 for administrative, traffic supervisor, and seasonal/temporary positions respectively. This estimate is consistent with current contracts, though three collective bargaining units (police, fire, MEU) remain under active negotiation.

Article 15: Sets the elected Town Clerk’s annual salary at $93,048, already included in the Article 22 operating budget.

Article 16 – Ratification of Salary Bylaw: The town administrator described 44 Compensation Committee actions taken in calendar 2024, up from prior years, driven largely by DPW reorganization under Amy McHugh, updated job descriptions, and above-Step-1 hiring to remain competitive. The committee follows a GovHR consulting framework and rejects approximately half of proposals from department heads. A new GovHR study to update all position grades is being contracted.

Superintendent Fox summarized the executive findings of an independent investigation conducted by investigator Allison Kirk into allegations of antisemitism, discrimination, harassment, and unprofessional conduct.

Process: 26 individuals interviewed (three declined); 450 pages of documents reviewed including business records, correspondence, PowerPoint slides, forensic IT records, and newspaper articles.

Standard applied: Preponderance of evidence. The investigator used federal Title VII, MGL Chapter 151B, and considered but did not exclusively rely on the IHRA definition of antisemitism.

Findings:

• Of 39 separate allegations, most could not be corroborated under the preponderance standard.
• Two allegations were corroborated:
  1. A party knowingly or negligently misrepresented facts, violating the staff conduct policy.
  2. The district violated its own grievance policy by conducting a 2023 internal investigation that was not adequate, fair, or neutral.
• Insufficient evidence of discrimination, harassment, retaliation, administrative indifference, favoritism toward Israel, or interference with free expression.
• The report explicitly states findings do not mean Marblehead is free of antisemitism.

Next steps announced by superintendent: An anti-discrimination committee is already established; an HR manager joins in May; a new executive assistant/registrar role combining registration and HR support will be filled in May; climate surveys for staff and students are planned.

The public health director informed the board that the public health nurse has submitted a one-year notice of retirement, effective approximately April of the following year. Board members praised her tenure, particularly her work during the COVID-19 pandemic.

The board also scheduled an executive session at 7:00 p.m. on April 8, 2025, prior to the regular meeting, to discuss director contracts. Pending regulations (tattoo/permanent makeup and tobacco) are awaiting town counsel review; if received in time, a public hearing could be scheduled for the April 8 meeting, as the required two-week public notice period would need to be met.

The committee discussed the timeline for the interim superintendent’s evaluation. The agreed framework:

Member Al Williams noted he would be traveling in June but could attend remotely under the town’s 2019 warrant article allowing remote participation. The committee agreed to publish the schedule publicly.

Liaison Lindsay presented the retirement board’s pre-approved FY26 appropriation of $5,380,625, up approximately 10.2% from FY25. The increase is governed by an actuarial evaluation completed in January 2024 and reflects:

• 7% assumed investment return
• 8.6% cost increase factor
• $14,000 cost-of-living adjustment

The slightly higher percentage versus the 8.6% formula factor was attributed to a shift in the share borne by the general fund (approximately 80% of total) versus enterprise funds and the housing authority. A board member noted the state mandate requires full funding by 2040, though the deadline has shifted over time. Marblehead is currently funded at roughly 70-something percent, which was described as comparatively strong.

“Those of you that were close to getting fully funded were the ones who paid the price” — retired board member describing the impact of the 2008 market decline on well-funded plans.

Board members discussed moving forward with a formal employment contract for the health director, who currently has no expectation of permanent employment under his existing arrangement. The board noted it had engaged town counsel (Alex at Mead, Teleman & Costa) to develop a draft based on comparable contracts for officials in the same job classification.

Under open meeting law, a formal negotiation requires an executive session to be posted in advance on the agenda. The board tentatively targeted the first meeting in April for this discussion. It was also clarified that while boards of health may enter director contracts under Massachusetts law, compensation must fit within standard town pay scales.

The board accepted the resignation of Cheryl Aland from the Disabilities Commission and voted to send her a letter of appreciation. Two letters of interest were received — from Joanne Clifford and Nancy Horgan — for the Disabilities Commission, and one for the Task Force Against Discrimination. The board set an application deadline of March 7 and scheduled interviews for March 12.

Two speakers representing town employees addressed the board during public comment.

Toni Callahan (speaking on behalf of the Marblehead Education Association) expressed support for municipal and public safety unions, stating that challenges from the fall override discussion—understaffing and inadequate resources—extend across all departments, not just schools.

Terry Toro, president of the Marblehead Municipal Employees Union, stated:

• Police and municipal employee contracts expired in July; fire department negotiations are also upcoming.
• Negotiations have continued for approximately 11 months with a state mediator involved who, per Toro, “doesn’t even know what to do at this point.”
• Meetings cannot be scheduled more than three weeks out.
• A second consecutive year without a raise or cost-of-living increase for the lowest-paid town employees.

Toro presented an informal petition signed by employees across all departments—schools and municipal—requesting the Select Board personally oversee the negotiating team, ensure good-faith bargaining, and halt what the petition characterized as tactical delays. A board member acknowledged the board is kept informed of negotiations.

Town counsel (Alex Castro) provided a legal opinion clarifying that Marblehead has no legally cognizant Department of Health — only a Board of Health and its appointed agents. All staff work under the sole authority of the Board of Health, and the health office is an extension of the board, not a separate entity.

Board member Tom (last name unclear) presented a proposal in several parts:

1. Employment contract: Recommended the chair work with town counsel to develop a formal multi-year employment contract for Andrew Petty, noting Petty has served 13 years without a formal contract or performance review. The motion was approved unanimously.
2. Job description review: The board voted to have the chair work with town counsel to review and modernize Petty’s current job description, which members felt was too detailed and checklist-oriented for an executive-level role. Motion approved unanimously.
3. Title: Discussion arose over whether the title ‘Director of Public Health’ accurately reflects Petty’s scope, which includes overseeing the transfer station and sitting at the same organizational level as the Town Administrator. No formal vote was taken on a title change; the chair was asked to seek clarification from town counsel.
4. Office naming: Members discussed whether the office should be called the ‘Health Office’ rather than ‘Department of Health,’ consistent with town counsel’s opinion. No formal vote was taken.

The board noted the town meeting warrant deadline of January 30th and agreed the chair would contact town counsel the following day to ensure any necessary placeholder article is filed in time.

In a preliminary public discussion, Superintendent Du stated his interest in moving from an interim to a permanent superintendent contract. He noted he has been with the district six months, cited the instability of having five superintendents in four years, and said permanency would benefit district continuity and his ability to implement a multi-year district improvement plan. He proposed a target of July 1, 2025 for a permanent contract to take effect.

Committee members indicated broad support but emphasized the need for:

• A formal mid-cycle formative evaluation using measurable goals already established
• Community, staff, and student feedback mechanisms
• A transparent public process

The committee agreed to:

1. Hold a workshop — facilitated by MASC’s Alicia — within approximately four weeks to design the evaluation framework and feedback process
2. Use the goals subcommittee’s existing work as a starting point
3. Conduct the full evaluation and feedback collection over approximately six to eight weeks following the workshop, with a public presentation of results before any contract negotiation

Actual contract negotiation would occur in executive session with a final vote in open session.

The custodians’ union representative (Anthony) and the committee clarified that the document to be ratified was the version prepared by district attorney dated December 4, which included payroll deductions language, sick leave bank provisions, and excluded a previously withdrawn proposal regarding 96-hour notice for personal day requests. The committee voted 6–0 (Thatcher Keer, Al Williams, Brian Ota, Sarah Fox, Allison Taylor, Jen Schaffner in favor). Hard copies were signed at the meeting.

The bargaining subcommittee reported that all contracts except the custodians’ had been ratified at the prior meeting. MOAs are posted in two locations on the district website. Legal counsel is drafting full integrated contract documents; the committee was advised that no additional vote would be needed — only signatures — once drafts are finalized. The custodians’ contracts were deferred to later in the meeting pending Thatcher Keer’s arrival.

School Committee Chair Jen Schaffner announced that the Marblehead School Committee and the Marblehead Education Association reached tentative agreements covering five bargaining units, ending a strike that lasted approximately 15 days. Schools will reopen on Wednesday, November 27, 2024 — an early release day — to allow a soft transition back for students.

Key contract terms:

Strike costs: Town Administrator Thatcher Keer estimated strike costs at a minimum of $20,000 per day, covering police, student meals, and court filing fees (excluding attorney negotiating fees). In lieu of the union absorbing those costs in a return-to-work agreement, the parties agreed not to make the contract retroactive.

Override implications: School Committee Chair Schaffner noted that funding the new contract will require a Proposition 2½ override. The budget process has already begun; a finance meeting was noted for approximately December 11. Officials indicated public forums and a transparent budget process would follow, with a town meeting vote anticipated in May and a ballot referendum in June.

State involvement: Governor Healy publicly called on teachers to return to work on November 26. The Department of Labor Relations, the Secretary of Education, and the Governor’s office were engaged throughout. Officials credited MEA bargaining leader Mike Giardi for helping focus negotiations on Marblehead-specific needs.

The committee addressed questions about targeting four specific teachers in legal proceedings and about safety at negotiation venues.

On the individual teacher filings:

• The committee filed with the Commonwealth Employment Relations Board (CERB/SERB) to order four self-identified strike leaders to cease and desist and return to work.
• When those individuals defied the CERB order, CERB filed with the court and invited the district as a co-party; the committee characterized the filing as initiated by CERB, not the district.
• The committee stated this is not a lawsuit or restraining order but an order to return to work.
• A similar action naming the union president was reportedly taken in Beverly.
• The committee noted a timing issue: the MEA announced the strike vote at 4:30 PM on a holiday weekend, and the MTA would not accept service on behalf of individual teachers, requiring later individual service.

On safety:

• The press conference was held outside a public school location because committee members were surrounded by a crowd — including teachers, neighbors, and students — the previous evening while trying to reach their car, requiring a police escort.
• The committee described the incident as “very unfortunate” and moved the press conference to protect the safety of all parties.

During the press conference Q&A, committee members addressed questions about the path forward and pay withholding.

• Committee members emphasized that schools are open and teachers can return at any time; the committee is not closing schools.
• The committee stated Massachusetts law prohibits a municipality from paying employees engaged in an illegal strike.
• Some employees on weekly pay cycles had already not received payment; those on bi-weekly cycles were expected to experience that during the current week.
• Committee members said they remain available around the clock for any updated proposal or acceptance of their offer.

School Committee Bargaining Subcommittee chair Jen Schaffner and member Sarah Fox described the state of negotiations during a press conference held away from the public schools for safety reasons.

Committee’s best-and-final offer highlights:

• Average teacher salary raised to more than $100,000; top salary $113,300 over 184 working days
• Two-thirds of teachers would be at top salary, exceeding the top wages in the recently settled Gloucester contract
• Four-year cost: $6.4 million (up from $4.8 million in original offer; a 30% increase)
• Projected budget shortfall by end of year four: approximately $3.174 million, requiring a Prop 2½ override adding approximately $334.60 to the average tax bill
• Parental leave: first 15 days paid by school committee; up to 12 additional weeks covered by accrued sick time
• Paraprofessionals, part-time aides, and lunch/bus monitors offered 48–69% salary increases
• Morning recess time restored; joint safety committee created

Union’s latest proposal:

• Estimated cost: $8 million
• Projected budget gap: approximately $4.7 million, requiring a significantly larger override; committee states that if the override failed, school operations would be in jeopardy

Process status:

• Superior Court found the union and its top officials in contempt of an order to return to work
• Court ordered fact-finding after mediation produced no agreement Sunday evening
• A fact-finding session was held the morning of the press conference, but the MEA declined to participate as required, insisting the appointee serve as a mediator instead
• The state-appointed mediator canceled a scheduled 1:00 PM mediation session
• Committee noted it has been in mediation for more than two weeks without resolution

The board voted to approve a formal statement titled “Statement of the Select Board on Teacher Strike and Contract Negotiations.” Key points in the statement:

Marblehead’s fiscal constraints are impacting our entire town, not just our schools. The teachers and staff of Marblehead Public Schools deserve competitive wages and improved working conditions.

The statement noted that five school bargaining units are under negotiation, alongside police and municipal union contracts. It acknowledged that rising costs have outstripped revenues for several years, referenced the FY25 Finance Committee budget report, and said addressing the challenge will require long-term budgeting discipline and an override proposal that is achievable at the ballot box. It urged the MEA and school committee to continue working toward a fair and sustainable resolution.

Following the vote, individual board members made additional remarks. One member called on town leaders to minimize the strike’s impact on students’ milestone events, citing other districts that have allowed extracurricular activities to continue. The town administrator noted that the school administration has offered to release the MEA’s 15 negotiators from classroom duties for full-time bargaining if other staff return to the classroom, but had not yet received a positive response.

The town administrator provided an update on collective bargaining activity:

• Teacher strike / school negotiations: When the MEA voted to strike, the Department of Labor Relations initiated mandatory mediation. The town administrator participated via Zoom during the first Saturday session while out of state for a Massachusetts National Guard hockey event, then returned Monday at 2:30 AM and participated in sessions that ran 10–12 hours. He noted that in mandatory mediation the parties are in separate rooms with a mediator shuttling between them — not face-to-face — as dictated by state process.
• MMEU (Marblehead Municipal Employees Union): Contract expired June 30, 2024. First mediation session was October 31; next session scheduled for November 20.
• Police (Mass Cops): Contract expired June 30, 2024. Last session September 2; next session November 20. Described as productive but not yet resolved.
• Fire union: Contract expires June 30, 2025. Negotiations expected to begin after January.

The administrator also noted that interviews are underway for a new Director of Planning and Community Development, a position funded by redirecting the salary of a recently retired town engineer.

MEA bargaining co-chair Michael Giardi stated that the mediator had told the union they were ordered to the table on Sunday but were told the school committee was unavailable, and that the mediator declined to convene without both parties. He said the union was prepared to bargain Sunday and that the school committee “walked out” at 8:30 PM Monday.

MEA co-president Jonathan Heller contested the school committee’s claim of competitive wages. He said that based on the school committee’s own four-year proposal, Marblehead would rank:

He said paraprofessionals and tutors would earn $21,351 and $28,836 per year respectively at the end of the four-year contract — wages he called non-livable.

On parental leave, Heller compared the school committee’s offer (12 paid days from the district, remainder from accrued sick leave, clock running through vacations) to neighboring districts: Andover (40 employer-paid days of a 12-week total), Malden (30 of 12 weeks), North Andover (20 of 12 weeks), Salem (30 of 14 weeks), and Methuen (40 of 12 weeks). He argued the effective paid leave for most Marblehead parents would be closer to six weeks, not twelve.

Both union leaders said coaches and club advisors want to continue activities and that the school committee — not the union — is withholding those opportunities from students. They called on the committee to allow extracurriculars to proceed immediately.

School Committee Chair Jen Schaffner opened the press conference by stating that the MEA’s strike was illegal and unnecessary. She said the union’s proposed 34% increase would create a $7.5 million shortfall in the existing budget, requiring a property-tax override that Marblehead voters have “overwhelmingly and repeatedly rejected over the past two decades.” She said a failed override would result in layoffs of approximately 75 staff.

The School Committee’s four-year offer would raise average teacher salary to approximately $100,000 and the top-scale salary to $109,000 for 184 working days. The committee also offered 12 days of paid parental leave for any parent (birth or adoptive), followed by use of accrued sick leave.

Town Administrator Thatcher Keyser explained the fiscal constraints: Marblehead has a very small commercial tax base, has over-relied on one-time free cash revenues, and must maintain a 5% reserve to protect its AAA bond rating. He said the town is looking for a wage level that could survive a failed override without decimating the school system, and acknowledged it may take “two contract cycles” to reach the salaries unions seek.

On the mediation timeline, both Schaffner and Keyser said there was no written or scheduled mediation on Sunday; the mediator’s written schedule covered Saturday and Monday only. Both confirmed they were out of town but participated remotely. A mediation session was scheduled for 3:00 PM that day at Marblehead High School.

Regarding extracurricular activities, Schaffner said the decision to cancel them was made by Interim Superintendent John Du, citing safety concerns (most coaches are faculty) and equity concerns (not all teams could be guaranteed coverage). The committee’s stated alternative was to release the 15 union negotiators from classroom duties with substitutes so bargaining could continue around the clock — an offer the union rejected twice.

The school committee bargaining subcommittee (Sarah Fox and Jen Schaffner) provided an updated contract-negotiation presentation:

Background / Timeline

• Negotiations began March 14, 2024. The school committee had requested bargaining in December 2023; the MEA declined, saying it was not ready.
• The MEA presented its wage goals in June 2024 but did not confirm its actual wage proposal until September 10, 2024 for the teachers unit.

MEA Proposals (all five units, 4-year span)

Committee’s Counterproposals

• Unit A: 10.5% over 4 years for steps 1–10; 12% for step 11 (covers more than two-thirds of staff); proposed adding step 12.
• Tutors: Tentative agreement to rename to “instructional assistants” for recruiting clarity.
• Custodians: Reclassification in year one providing up to 16% increase; additional 4.5% over two following years; 20% increase in sick leave; 350%+ increase in night differential.
• Paraprofessionals: New Group F classification for pre-K, kindergarten, and special-ed paras; starting wage proposed to rise from ~$13.85 to $22.00 in year one, reaching $22.89 by end of contract.
• Permanent substitutes: Additional steps, faster advancement, 23% starting-wage increase over 3 years, 17% top-step increase over 3 years.
• Parental leave: Increased from 8 to 12 weeks (50% increase); 12 employer-paid days not drawn from accrued time.
• Safety committee: Proposed equal representation of administrators and all bargaining units.

Fiscal Impact

• Accounting for expected new revenue of approximately $1M/year, the MEA proposals would require roughly a $7.6M override or layoffs of more than 75 employees (~15% of the workforce) to balance the budget.
• The structural deficit independent of this contract is estimated at $4–5M.
• The committee noted the town has failed to pass overrides historically, with the most recent override attempts failing by a 2-to-1 margin and by 400 votes respectively.

Prop 2½ Override Process

• Requires a warrant article, two-thirds vote at town meeting, and a simple majority at the ballot.
• Revenue is guaranteed to the sponsoring entity only in year one; after that it reverts to the general fund subject to annual town meeting appropriation.

Custodians

• The school committee filed for a state mediator; the Department of Labor Relations has taken jurisdiction and requested an update by November 8th.

Next Steps

• Bargaining sessions scheduled for the following two Mondays.
• Wage tables and a glossary of bargaining terms to be posted on the school committee website.

The director announced two personnel changes:

1. New hire: Steve Moody, a registered sanitarian with an environmental science background, starts as health inspector on Wednesday, October 23rd. He will train through the North Shore Coalition training hub.

2. Departure: Heavy equipment operator/CDL driver Luke gave two weeks’ notice. He is leaving for a position closer to home after commuting approximately one hour each way. The position will be posted as a Heavy Equipment Operator/CDL Driver.

The board also discussed overtime practices at the transfer station, which operates six days a week, noting it is fiscally more efficient to pay overtime than to hire additional full-time employees with benefits.

School Committee Chair, Sarah Fox, and Town Administrator Thatcher Keer presented a detailed public update on MEA contract negotiations. Key disclosures:

MEA Wage Proposals (confirmed as of September 10, 2024):

The MEA also proposed increases to the longevity benefit amount and earlier eligibility.

Fiscal context provided:

• Marblehead collects $3,494 per capita in taxes — the lowest among comparison towns (Wayland, Andover, Hingham, Swampscott)
• New growth is approximately $450,000/year, compared to $808,000 in Wayland and $1.8M in Andover
• Levy growth is capped at 2.5% under Proposition 2½
• Salaries represent approximately 80% of the total school budget
• The MEA proposals would require either a 14% tax override or the layoff of approximately 42% of staff

Negotiations status:

• Custodians unit: Declared impasse; district requested state mediator; MEA has objected to mediation; state investigation pending
• Other units (Unit A, tutors, paras, permanent subs): Bargaining ongoing; next session scheduled Monday, September 23 at 7:00 PM
• Bargaining began March 14 after MEA indicated readiness in mid-February
• Original goal was contract before town meeting; then before expiration (August 31); neither achieved

Committee members discussed whether to hold open bargaining sessions, with the subcommittee indicating that legal counsel has strongly advised against it; the question was placed on the agenda for the next full committee meeting.

Veterans Services: Roseanne Trimaelli was unanimously appointed as Veterans Agent, Director of Veteran Services, Veterans Graves Officer, Flag Officer, and Sealer of Weights and Measures, with a term expiring June 2025. Trimaelli previously served as Veterans Service Officer in Winthrop for nine years and in Melrose.

Town Engineer: Maggie Wheeler was unanimously appointed as Town Engineer effective September 16, 2024, at Grade 11, Step 1 on the administrative pay scale commencing July 1, 2024, with a term expiring June 2025. Wheeler has served as Staff Engineer in the DPW since late 2020 and holds a professional engineering stamp. The town engineer function is being moved into the DPW following Charles Quigley’s retirement.

Town Administrator Thatcher Keer informed the board that an inter-municipal agreement with Salem was not permissible for Veterans Services under state law and that forming a Veterans District was too complex for a short interim period. As a veteran himself, Keer was qualified to hold the interim role and has already been receiving forwarded correspondence from the retiring agent’s email. Interviews for a permanent replacement are scheduled for the following week with a strong candidate pool. The board voted unanimously to appoint Keer as interim Veterans Services agent.

Town HR Director Tom Howard presented five policies for board approval, described as compliance requirements that protect the town as an employer:

• Policy 118: Parental Leave Act
• Policy 108: Anti-Harassment / Anti-Discrimination
• Policy 109: Sexual Harassment
• Policy 112: Employee Conduct and Discipline
• Policy 115: Family Medical Leave Act (FMLA)

The town administrator noted these are the first in a broader series of HR policies being formalized. The policies are under select board purview and can be amended. All five were approved unanimously.

The committee voted 4–0 to approve a two-year interim superintendent contract with John Radu effective July 1, 2024. The contract includes a $50,000 termination-without-cause provision, which committee attorney Costello explained is equivalent to approximately three months’ compensation and protects the district from paying out the full remaining contract term if separation occurs. A successor agreement must be negotiated on or before March 15, 2026. The contract also provides Radu with a bank of 15 sick days at the start, with accrual of 1.25 days per month thereafter.

Also approved under consent action: schedule of bills totaling $605,563.66; six sets of meeting minutes dating from February through May 2024; and the hiring of Madison Eski as school nurse at Marblehead High School.

Following prior executive session deliberation, the board voted to renew Chief Dennis King’s contract effective July 1, 2024 through June 30, 2027, subject to final technical language review by town counsel. One board member recused. King was not present, attending an event recognizing the police department.

The committee received a letter from a group called Marblehead for Change requesting that Town Administrator Thatcher Keyes be formally voted onto the bargaining subcommittee. The chair read from her correspondence with Keyes, explaining:

• She has briefed him before each bargaining session on which units are on the agenda.
• The MEA has used a verbal proposal-presentation format in early sessions; Keyes was invited but replied it did not seem a good use of his time at that stage.
• Keyes has attended all intermittent strategy sessions and subcommittee meetings with legal counsel and administrators.
• All proposals have been shared with him throughout the process.

A committee member noted that bargaining subcommittee membership is not typically subject to a formal vote; subject-matter experts (e.g., the facilities director) attend as needed without being formally elected. Under state law, Keyes holds an equal ratification vote with school committee members regardless of subcommittee designation.

The chair reviewed the timeline of the Sick Leave Bank MOU. A May 10, 2023 meeting with Dr. Bucky, Michelle Cresta, and MEA presidents Jonathan Heller and Sally Shery had produced largely aligned proposals. Dr. Bucky indicated at the June 15, 2023 meeting that resolution was near. Through subsequent administrative transitions, the fully executed document never came before the school committee for ratification.

The chair reported that after the MEA presidents publicly referenced the signed MOU at the previous meeting, she investigated and found a Google Doc shared on May 9, 2023. Using a student-plagiarism-detection tool (administered by a staff member identified as Steven), the keystroke history of the document was reconstructed. The video playback showed that signature lines bearing the date “June 16, 2023” were not added until October 5, 2023.

“There’s no way we had this document to sign on June 16th because the signature lines weren’t even created [until] October 5th, 2023.”

The chair emphasized that the procedural concern about how the document came to appear signed is separate from the content of the Sick Leave Bank itself, which had been operating in practice and for which disbursements had apparently already been made. The committee entered executive session under MGL Ch. 30A §21A (purpose 3 — collective bargaining strategy) to discuss next steps, then returned to open session.

Upon return, the committee voted 4–0 to approve the Sick Leave Bank MOU with a minor formatting edit (placement on district letterhead with updated dates). The chair noted a pending applicant should not have to wait and directed staff to notify the appropriate administrator.

Two contract items were addressed:

1. Harbor Plan contract amendment: Extended the time for performance to June 30, 2023 solely to close out the project file and capture final payments. Approved unanimously.

2. Public Employee Committee (PEC) health benefits agreement: The existing five-year agreement was set to expire June 30. The town hired a consultant and went out to bid to seek alternative carriers. No bids were received, attributed to the town’s three-year claims experience showing that any incoming carrier would face a net loss on the book. The board approved a two-year extension to the current GIC-based agreement with the following updates:

   • Removal of transitory language from the prior carrier transition
   • Updated language to eliminate a 60-day waiting period for new employees, consistent with a new state law (coverage begins first day of the month of or following hire)
   • All other terms remain unchanged

   One board member recused. Goal is to return to bid in two years with improved claims experience.

The committee conducted a public preference exercise to select finalists from the pool of interim superintendent applicants. Each member named up to five candidates in no particular order:

The committee agreed to interview all five. Scheduling was complicated by Passover observances (Monday and Tuesday), town meeting (Monday–Wednesday), and collective bargaining sessions. The committee tentatively planned to conduct three interviews on the regular Thursday meeting night starting at 5:15 PM, with two additional interviews the following Wednesday evening (tentatively 6:45 PM and 8:00 PM) with a hard stop, subject to bargaining schedules. Candidate resumes are posted on the district website via a quick-link button for the interim superintendent search.

Dr. McGinnis introduced Lisa Marie Ippolito, currently assistant superintendent in Newburyport Public Schools, as the finalist for Director of Student Services. Before the vote, a committee member noted that comparable districts (including Swampscott, Dham, Reading, Andover, and Newton) hold this role at the assistant superintendent level, and moved to elevate the title accordingly — particularly given that the assistant director position had been reduced to 0.5 FTE, effectively adding duties to the role.

The committee discussed the broader leadership transition underway (interim superintendent, new finance/operations assistant superintendent, new principals), and Ippolito spoke about her collaborative philosophy, commitment to tier-one instruction and equity for underserved populations, and enthusiasm for joining Marblehead.

The committee voted 5–0 to hire Ippolito as Assistant Superintendent of Student Services, pending successful contract negotiation and formal adoption of an updated job description.

The board voted to support the following articles on the 2024 Annual Town Warrant:

Articles 20 (police collective bargaining) and 21 (MMEUCWA Local 1776 collective bargaining) were voted separately with amounts TBD; one board member recused from those two articles.

Article 20 (police contract) and Article 21 (MMEU employees contract) are placeholder articles for collective bargaining agreements still under negotiation. If agreements are reached before Town Meeting, they would be ratified and funded through these articles. The town administrator noted that negotiations are unpredictable in timing. No recommendation was made on either article.

Articles 12 through 16 were handled together as a group of standard annual pay schedule articles:

• Article 12: Non-union/administrative pay schedule, 2% COLA
• Article 13: Traffic supervisors pay schedule, 2% COLA
• Article 14: Seasonal and temporary personnel, 2% COLA
• Article 15: Town clerk wages set at $90,337 (2% increase; town clerk is the only full-time elected official)
• Article 16: Compensation Committee salary bylaw ratification covering actions taken during the year

The CFO noted the 2% COLA is below the inflation rate but reflects budget constraints. All adjustments are already incorporated into the Article 26 balanced budget. The new HR Director was noted as a resource to support the Compensation Committee, including an overdue salary survey comparing Marblehead to surrounding communities.

Asked about strategies to retain executive leadership, committee members identified recurring budget cuts as demoralizing to administrators and noted that public vitriol has made it difficult for staff to function. Members emphasized the need for civil discourse and noted that children observe school committee meetings and community behavior.

One member raised the absence of succession planning as a structural gap, noting prior superintendents had dismissed the concept as a private-sector practice. The member argued interim hiring should be accompanied by a longer-range succession and networking plan to develop internal candidates and maintain external contacts for future openings.

The committee assigned members to the three concurrent leadership search interview panels:

• Director of Finance and Operations: Allison Taylor and Jen Schaffner
• Director of Student Services: Al Williams and Brian Oda
• Glover School Principal: Sarah Fox

The MEA bargaining subcommittee is scheduled for March 14 for its first meeting with the MEA to begin contract bargaining talks. The FY25 budget public hearing is confirmed for Thursday, March 21 at 7:00 PM at the PAC at Veterans Middle School.

The committee reviewed and approved the interim superintendent search advertisement, making the following changes from the draft:

• Changed the pre-K–12 Massachusetts experience requirement from a mandatory qualification to a bolded preferred qualification: “Preferred candidate will have experience leading a public school district.” (“in Massachusetts” language also softened)
• Applications due: April 12
• Committee deliberation on candidates: April 24
• Candidate interviews (public, hybrid): tentatively May 1 and May 2 (May 2 is a regular school committee meeting)

Passover (April 22–30) scheduling conflicts were navigated; the April 29–30 dates were avoided due to religious observance. Glen of MASC is coordinating the posting. The advertisement references a DEI and standard DESE job description.

Superintendent McGinnis confirmed that both the independent investigator (CIC) report and the Massachusetts DCF report had been received and that staff and families were notified the prior evening. Key points she shared:

• A plan will be distributed to staff the following week that includes retraining all employees on school committee restraint policy and applicable regulations, along with a legally redacted version of the CIC report.
• She plans to present changes and training updates at the next school committee meeting.

Committee members responded at length. One member (Allison Taylor) expressed concern that the situation would deter educators from ever wanting to serve as safety advocates. Jen Schaffner (remote) noted the CIC report indicated administrative-level failures, not just classroom-level, and emphasized the committee’s responsibility over policy and budget rather than personnel. A third member noted that under the Education Reform Act the committee does not have personnel purview and urged trust in the superintendent’s process.

Key findings cited from the CIC report by committee members:

• A safety care instructor was unaware of whether restraint policies existed.
• Lack of debriefs after restraint incidents was identified as a root cause; the report recommended mandatory debriefs involving all parties in a multidisciplinary chain.
• The student involved was not on an IEP, and no one had individual responsibility for him.

The committee discussed the need to codify mandatory post-restraint debriefs into policy.

MEA co-presidents asked whether the committee would advocate for a fully funded needs-based budget or simply accept the reduced-services scenario. Committee responses:

• Multiple members said yes, they would advocate for full funding, though they noted the budget process is not yet complete.
• Members cited approximately 60 positions lost over two years (roughly 30 last year and potentially 30 more this year) out of a total educator workforce of approximately 425.
• Brian noted that two prior overrides did not pass and expressed caution about seeking another one without sufficient community support.
• Jen raised questions about Article 19 on the town warrant, which she understood relates to approximately $7.1 million in free cash to reduce the tax levy; another member clarified this is a standard annual mechanism to appropriate certified free cash.
• Members noted the school committee has the legal authority to bring its own budget request to the floor of town meeting independent of the select board.

Chair Sarah summarized a recommendation from Glen Kucher, president of the Massachusetts Association of School Committees (MASC), that given the number of vacancies and timing in the hiring season, an interim superintendent search is preferable to a permanent one at this time. The committee unanimously agreed with that direction.

The more contested question was whether to conduct the search:

• As a full committee (open): All resumes and letters of interest would be public; no screening committee step; favored by Sarah on transparency grounds
• With a screening committee (confidential first round): A committee of administrators, teachers, and community members would privately review applications and present a minimum of two finalists; favored by Brian and Al

Kucher reportedly told Sarah that given the current applicant pool dynamics he expected few applications (perhaps four to seven), and that doing it as a full committee would not meaningfully shrink the pool. However, committee members expressed concern that public exposure of non-finalist candidates’ names could deter applicants and generate unwanted press coverage.

No vote was taken. The question was added to Thursday’s agenda as the first item, before the public forum.

Superintendent McGinnis recommended converting the departing Assistant Superintendent for Finance and Operations role to a Director of Finance and Operations. Michelle Cresta explained that her prior promotion to Assistant Superintendent was tailored to her licensure and career trajectory, but a second assistant superintendent was never a long-term district plan. The director role will retain oversight of school lunch, facilities, and transportation; HR and IT will report directly to the superintendent. The committee approved the position and a salary range of $120,000–$150,000 by a 4-0 vote. Interviews are tentatively scheduled for February 13 from 3–7 PM, with Jen Schaffner volunteering as the school committee representative on the interview panel.

The committee voted 3–0 to enter executive session under MGL Chapter 30A Section 21A, Purpose 3 (collective bargaining strategy for MEA units: Unit A, permanent substitutes, tutors, paraprofessionals, and custodians) and Purpose 7 (review and potential release of executive session minutes from December 7, 2023 and December 21, 2023), with no intent to return to open session.

Following the resignation of Megan Taylor effective the prior week, the committee voted 3–0 to authorize the chair to write to the Select Board initiating the vacancy-filling process under MGL Chapter 41, Section 11. The chair described the process: letters of interest will be solicited by a deadline set jointly with the Select Board; a joint interview session with both boards will be held; and appointment will be by majority vote of the combined body using round-robin deliberation. The chair noted that scheduling nine individuals during budget season may take several weeks, as occurred with the prior vacancy.

The Town Administrator described the creation of the new Human Resources Department, authorized by the previous year’s town meeting. Two existing finance department employees managing payroll and benefits transitioned into the new department, and Thomas Howard was selected through an open posting and interview process as director. His term expires June 2024. The board voted unanimously to appoint him.

The chair explained that legal counsel had been retained on an emergency basis at the prior meeting with 24 hours’ notice, and the item was re-noticed for this meeting in the interest of transparency. Massachusetts General Law exempts legal counsel from standard procurement requirements.

One member objected, noting the committee had not done sufficient due diligence comparing firms and that the new firm’s hourly rate is approximately $25 higher than the prior firm (Stoneman). The chair responded that the rate remains well under market, in the $200-per-hour range.

The motion to affirm retention of Valerio, Dominello and Hillman passed 4 to 1.

The committee voted by roll call (Brian NoDa – approved, Alison Taylor – approved, Jen Schaffner – in favor, Sarah Fox – in favor; 4–0) to enter executive session pursuant to Massachusetts General Laws Chapter 30A Section 21(a) Purpose 1 to discuss complaints raised by the MEA in their December 14, 2023 letter against student services staff. The committee did not intend to return to open session.

Two significant procedural actions were taken:

Audit authorization: The committee voted 4–0 to authorize the chair to work with Assistant Superintendent Cresta (procurement agent) to procure an independent audit of district policies, policy implementation, support services, and school safety. This is separate from the third-party administrative review contracted by the superintendent.

Legal counsel transition: The committee received notice that current legal counsel Chandler Miller is separating, with a 60-day wind-down period. The chair moved to engage Valerio, Mellon and Hillman LLC, noting the firm’s existing familiarity with the district and MEA negotiations. The motion carried 4–0. The chair noted that legal services procurement is exempt from standard procurement requirements under Massachusetts General Law.

MEA correspondence: The committee formally acknowledged two MEA letters — a December 6, 2023 letter to the superintendent (CC’d to the committee) and a December 14, 2023 formal no-confidence vote letter — as agenda items leading into executive session.

Chair Fox moved the committee into executive session pursuant to Massachusetts General Law Chapter 30A Section 12A, citing the need to conduct strategy sessions with respect to collective bargaining and litigation threatened in a Marblehead Education Association letter dated December 6, 2023. The chair declared that an open meeting would have a detrimental effect on the committee’s bargaining position. The motion was approved 5-0 on a roll call vote, and the committee did not intend to return to open session.

Town Administrator reported that he has received briefs from attorneys for both sides following the two-day disciplinary hearing involving Officer Gallo. He extended his self-imposed determination deadline from the prior Friday to December 1, 2023, citing scheduling constraints and the volume of material to review. Once complete, he will ask the board to schedule a special meeting to take up the matter.

The board chair noted the case has experienced delays due to town administrator turnover, legal counsel transition, attorney extension requests, and transcription difficulties. Board members emphasized the importance of getting the determination right and ensuring the process is defensible.

Reference Check Summaries

Committee members reported on references contacted for the two finalists:

Dr. Theresa McGinnis (Watertown)

• Consistent themes: data-driven, consensus builder, passionate, student-centered, strong mentor and leader
• References noted she was a “warm demander” — not a micromanager, but effective at drawing out the best in staff
• Highly organized, excellent communicator; created professional development tied to data action plans
• A visit to her district in Watertown reinforced these themes; references said she is “ready to become a superintendent”
• She has expressed interest in applying for the permanent superintendent position

Dr. Janelle Pearson Campbell

• Consistent themes: good listener, problem solver, quickly builds relationships with all stakeholders, puts people at ease with humor
• Came into a district experiencing significant disruption (two principals departed, large budget deficit); hired replacement principals before the start of the school year
• Did not receive the permanent superintendency in that district after applying
• References were generally positive about her interim tenure; community described her as visible and communicative

Motion to Retain Acting Interim

Member Megan Taylor raised the possibility of retaining the current acting interim (Michelle, also the district’s finance director) in the superintendent role, citing disruption concerns and Michelle’s existing community relationships. This prompted significant discussion:

• Other members noted Michelle had consistently expressed she did not want the superintendent role as a career aspiration
• Michelle addressed the committee directly, confirming she would stay if asked but that her preference and strength is the business/finance/operations side, and that she feels stretched managing both roles simultaneously
• Members also noted that backfilling the finance director role would itself create instability
• Megan Taylor withdrew the motion

Final Vote

A motion was made to offer the interim superintendent position to Dr. Theresa McGinnis, subject to successful contract negotiations with the chair:

Motion carried 4 to 1.

A subsequent motion for a unified committee expression of support for Dr. McGinnis through June 30, 2024 passed 5 to 0.

Committee members discussed two related topics:

METCO program: A committee member encouraged all members to attend the METCO leadership retreat at the end of October and to engage more proactively with METCO events. Past practice of holding a school committee meeting at METCO headquarters in Boston was raised as a model to revive, combining a meeting with a family forum. Administration was asked to improve communication of meeting zoom links to Boston families and to explore whether principals could resume visits to Boston parent meetings.

Student transportation safety: Following a recent collision in which a student cyclist was struck near West Shore Road, the committee received correspondence from a Massachusetts Safe Routes to School state coordinator recommending the district adopt a DESE-approved pedestrian and bike safety curriculum. Members noted the district is not fully able to expand busing due to bus driver pay scales set by collective bargaining that are significantly lower than neighboring districts (example cited: NRT offering $27/hour versus Marblehead’s lower ceiling). Reopening negotiations to raise the bus driver pay scale was identified as a necessary future step. The committee agreed to add busing/transportation as a future agenda item.

Two contracts for Michelle Cresta were approved unanimously.

Addendum (through December 31, 2023): Cresta serves as acting superintendent at her base salary of $157,239 plus a $20,000 supplement paid in two $10,000 lump sums (first on next payroll after ratification, second in January 2024). She also receives five additional vacation days forfeited if unused by June 30, 2024. Effective January 1, 2024, her annual salary increases to $167,239 (prorated through June 30, 2024).

New assistant superintendent contract (July 1, 2024 – June 30, 2027): Standard three-year contract. Annual raises of 2% or no less than the Unit A collective bargaining increase, whichever is greater. Cresta retains one remote workday per week as previously arranged.

The committee discussed the interim superintendent search following interviews held Monday. Some members had not completed all assigned reference checks due to the compressed two-day window. After discussion of scheduling constraints, the committee agreed to hold a special deliberation meeting Wednesday at 4:30 PM. Members noted they remain able to contact references or candidates directly in the interim.

The town administrator explained that the Municipal Employees Union collective bargaining agreement (Article 35) establishes a Health and Safety Committee. Rather than appointing named individuals, the board delegated appointment authority to the town administrator so that subject-matter experts can be selected as specific issues arise. The committee was recently convened to address heat conditions in the temporary library building. The board voted unanimously.

NESDEC Executive Director David DeRue and consultant Carolyn Burke joined the meeting remotely to describe the interim superintendent search process. Key points included:

• Posting period: Typically four to six weeks; could be compressed to three to four weeks given the urgency.
• No fee: Because Marblehead is a member in good standing, NESDEC would conduct the interim search at no cost.
• Screening committee: Recommended composition of two school committee members, one administrator, one teacher, and one parent. The screening committee would conduct initial interviews in executive session (to protect candidates who are currently employed elsewhere), then forward finalists to the full school committee.
• Acting superintendent: Michelle Cresta (business manager and assistant superintendent of operations) is serving as acting superintendent; the committee expressed hope to have an interim in place by November 1 or December 1.
• Permanent search timing: The committee discussed a February decision point — if the interim is a retired superintendent with no interest in a permanent role, a full search could launch sooner; if the interim is a potential permanent candidate, the committee could observe performance before deciding. DeRue noted that a February launch could yield a known permanent candidate by March or April, though that person would likely not start until July 1.
• Vote 1: Motion by Jen Schaffner, seconded by Brian Oda — to retain NESDEC for the interim search. Carried 4-0 (Schaffner, Oda, Allison Taylor, Sarah Fox in favor).
• Vote 2: Motion to authorize the chair to work with Carolyn Burke to approve the announcement letter. Carried 4-0.

DeRue indicated NESDEC would circulate a draft scope of work and an updated announcement letter promptly. The committee noted that interested candidates approaching members directly should be referred to NESDEC.

Separation Agreement Ratification: The committee voted 3 to 1 (one abstention) to ratify the separation agreement between Marblehead Public Schools and Dr. John Bucky, dated August 2, 2023. Discussion prior to the vote included:

• One member stated the committee had not effectively managed the superintendent, that concerns should have been raised during his evaluation (which passed unanimously with ‘proficient’), and that the district now faced significant financial and institutional risk.
• The chair stated that all decisions were made in the best interest of students, that legal counsel had been involved throughout, and that personnel matters are privileged for legally defined reasons.
• Another member called for improved committee governance, operating protocols, and transparency going forward.

Open Meeting Law Complaints:

Swindlehurst complaint: The committee voted 3–1 (one abstention) to direct counsel to draft a response finding no open meeting law violation, on the basis that the executive sessions were held under Purpose 2 (contract negotiations), that no vote was taken to enact early termination — only to authorize counsel to begin discussions — and that the agreement was ratified today in open session.

Staller complaint: No action was taken. Counsel indicated the filed complaint did not clearly identify an alleged violation, only requesting a public apology. The committee noted the complainant may resubmit or appeal to the Secretary of State.

The board approved a memorandum of agreement with the International Association of Firefighters, AFL-CIO, CLC Local 2043, settling a grievance over whether military leave should count as missed work days for purposes of the sick-pay bonus program. The grievance went through three steps — chief level, town administrator, and the Select Board — with the board having authorized the town administrator to negotiate a settlement during a prior executive session. The MOA settles the matter for two affected firefighters without setting precedent; both sides agreed to hold their positions for future discussion. Member Murray recused himself due to a family member on the firefighters union.

Town Administrator Thatcher reported that the Building Commissioner had not completed the three required certification exams within a six-month extension that expired April 30. As a result, the commissioner was relieved of all inspection-side responsibilities and his hours were reduced from 40 to 20 hours per week to focus solely on facilities management for ongoing building projects. Bob Igs was previously designated as acting/interim Building Commissioner with the necessary legal authority. The position will be advertised as vacant with the goal of filling it close to July 1; the former commissioner is eligible to reapply if certified.

Article 33 – Retirement Board COLA Base Increase: Retirement Board Chair Bob Peck presented a request to increase the base upon which cost-of-living adjustments are calculated from $12,000 to $14,000, effective July 1, 2023. Marblehead is one of only nine of approximately 102 systems in Massachusetts still at the $12,000 base — the lowest tier. The median comparable community uses $14,000; 11 systems are at $18,000.

Key financial considerations:

• No impact on the current FY24 budget
• The next actuarial study will be conducted in 2024; the new funding schedule may extend the payoff timeline slightly (currently on pace to be fully funded by 2036–2037 vs. the 2040 statutory deadline)
• The system is approximately 71% funded
• Incremental annual cost per retiree: $60 (3% on additional $2,000 base); approximately $17,000 total in year one
• The Finance Director (ex-officio Retirement Board member) confirmed the town’s AAA bond rating would not be at risk

Voted unanimously to recommend adoption.

Article 34 – Administrative Benefit Amendments: Eliminates the $500 sick-time attendance bonus for non-union employees (viewed as an incentive to work while ill) and redirects the equivalent cost (~$18,000 net) into an enhanced longevity schedule aligned more closely with union longevity benefits. Net cost already reflected in the Article 30 budget. Voted unanimously.

Article 18 – Water/Sewer Liability: Standard authorization; no pending claims. Voted unanimously.

Articles 19–21 – Pay Schedule Reclassifications (2% COLA): Covers approximately 33 non-union administrative employees (Article 19), traffic supervisors/crossing guards (Article 20), and seasonal/temporary personnel (Article 21). All increases already reflected in the Article 30 budget. Each voted unanimously.

Article 22 – Town Clerk Compensation: Revised to $88,342 (2% increase). Voted unanimously.

Article 23 – Ratification of Salary Bylaw: Ratifies reclassifications made by the compensation committee during the prior fiscal year. Town Administrator noted approximately a dozen position changes over the last calendar year; most Financial impacts already reflected in department budgets. Voted unanimously.

Article 24 – New Human Resources Department: No financial implications as an article; the cost of the HR Director position is already funded in Article 30, offset by a reduction in the health benefits line. The Finance Committee made no recommendation (no financial implications). Town Administrator outlined four scenarios depending on whether the department creation and HR Director funding each pass or fail independently.

Town Administrator Thatcher presented the select board department budgets and highlighted two new positions included in both level-service and reduced-service scenarios:

Human Resources Director (~$110,000 salary): Funded by reducing the group insurance line by $150,000. The position would consolidate HR functions, manage benefits negotiations including the upcoming Public Employee Committee (PEC) health plan re-negotiation—described as a “$12–15 million line item”—and oversee two expiring union contracts. Two existing payroll/benefits staff in the finance department would transfer to the new HR department if a related town meeting warrant article passes.

Sustainability Coordinator (~$85,000 salary): Funded by reducing the energy reserve line by $105,000. The role would implement the Green Marblehead net-zero plan, pursue state and federal green-energy grants, and actively manage energy costs across departments.

The Town Administrator characterized the net budget impact of both positions as zero against current funding levels. The police chief noted body cameras remain grant-funded and that administrative burden around video management has slowed implementation. Fire department cuts eliminate funding for three vacant positions, saving approximately $216,000 in salaries, with overtime used to maintain minimum shift staffing of 10 firefighters.

Following the resignation of former Vice Chair Emily Barron, the committee voted 4–1 to appoint Tom Mathers as Vice Chair. Mathers also volunteered (with committee agreement) to serve as the school committee’s representative on the Marblehead High School principal search committee, largely because he is the only member without children currently enrolled in the high school.

Superintendent Bucky outlined the principal search timeline:

• Search committee first meeting: February 28
• Application deadline: the following week
• Semifinalist interviews: week of March 13 (approximately 5–6 candidates)
• Finalist selection: March 20
• Community forums and finalist visits: last week of March
• Final announcement: April 10

The search committee includes 4 parent reps (Carrie Francis Born, Melissa Kaflewitch, Cindy Shaffer, John White), 4 student reps (Audrey Bathurst, Jeremy Sorkin, David Albert, Lucy Sabin), a CPAC rep (Jennifer Jackson), and a METCO rep (Nakia Bell). Megan Taylor was noted as the preferred school committee rep for the assistant superintendent search.

Keyser reported that the town is currently in year three of three-year collective bargaining agreements with police, fire, and municipal employees, each providing 2% contractual increases plus step increases. All three agreements expire June 30 of the current fiscal year, and negotiations will begin during FY2023. He also identified workforce recruitment and retention as a challenge given upward wage pressure in both public and private sectors.

Retirement Board representative Bob Peck presented a request to increase the cost-of-living adjustment for active retirees from the standard 3% maximum to 5% under Chapter 269 of the Acts of 2022, a one-time allowance enacted in November. The increase applies only to the first $12,000 of the average $29,000 pension, adding $240 per year per retiree. With 314 eligible retirees, the total additional cost is approximately $75,360, retroactive to July 1 of the current fiscal year.

Peck noted the Retirement Board voted unanimously to grant the additional 2%, given inflation running at roughly 7–9%. The select board approved the motion unanimously.

The board opened the meeting by immediately voting to enter executive session under General Law Section 38 for the purpose of contract negotiations with the Finance Director candidate, noting that public discussion could have a detrimental effect on the town’s negotiating position.

Upon returning to open session, Town Administrator presented Alicia Benjamin and moved for her formal appointment, subject to execution of the unanimously approved employment contract. The board voted unanimously to appoint her as Finance Director.

The Board of Health director noted his 11-year anniversary with the town and requested board approval of his step increase, effective January 1. The board voted to approve the step increase and authorized a letter of congratulations to be placed in his personnel file.

The board unanimously voted, on advice of town counsel, to appoint Town Administrator Thatcher Keiser as hearing officer in connection with pending disciplinary matters involving Officer Christopher Gallo, with findings to be reported back to the select board.

The board voted to approve the employment contract for Patrick Heaser as the new Town Administrator. No terms of the contract were discussed in the transcript.

The town administrator reported that after DPW Director Rob Diver left to work for the Town of Danvers, Water and Sewer Superintendent Amy approached him about assuming both roles. The administrator strongly supported the idea, noting Amy’s extensive construction and engineering background, including a degree from Dartmouth’s School of Engineering and experience with O’Connor Constructors and Turner Construction.

The board discussed how Amy would report to both the Select Board (for DPW matters) and the elected Water and Sewer Commission, with the MOU establishing that the arrangement is personal to Amy and terminable by either party with 90 days’ notice. Board members expressed enthusiasm about the coordination benefits, especially given the pending Prop 2½ override question on the June 21 ballot relating to road reconstruction projects.

Amy stated she planned to add a second assistant department head, funded within the existing department-head budget line, to ensure adequate operational coverage. The Water and Sewer Commission had voted unanimously in support.

The board voted to:

• Authorize the chair to sign the MOU with the Marblehead Water and Sewer Commission
• Appoint Amy as DPW Director effective May 26, 2022 with a $30,000 stipend increasing annually by the cost-of-living percentage on the administrative pay scale commencing July 1, 2023