BELLOWS FALLS — The attorney representing the former director of the Rockingham Free Public Library said that he has filed an injunction to halt any further action by the library's search committee to hire a new director to replace Célina Houlné.
Houlné's lawyer, Richard Bowen, told The Commons on Tuesday that he expected the injunction would be “filed today and served either later today or first thing tomorrow.”
Houlné, who was terminated last August, has already filed suit against the library trustees and the Town of Rockingham, seeking reinstatement, back pay, and unspecified damages.
Bowen said the injunction asks the court to “maintain the status quo by preventing the board of trustees from hiring any replacement.”
According to a Windham Superior Court clerk who declined to identify herself, depending on “what the injunction is asking for,” the injunction could go before the court immediately and a decision rendered by the judge.
Even if the injunction is not immediately granted, Bowen said, it would be “imprudent” for the search committee to continue to move forward in the hiring process “before the court has an opportunity to hear the motion and rule on the motion since it would affect everyone, [including] anyone applying for the job.”
Bowen explained that the judge “can grant an injunction without a hearing if satisfied” the “complaint clearly shows that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.”
Building a search committee
The search committee has been a bone of contention and heated debate among trustees since Houlné's termination, and heated up even more when the board moved to go ahead with the search for a successor.
The first bone of contention was who would be on the search committee, which consists of Mitchell-Love, Pat Fowler, and Laura Senes as the only trustees.
At the Jan. 14 Trustees' meeting, Mitchell-Love denied seats to other board members who volunteered, including Carolyn Frisa, proprietor of Works on Paper, who lacked “enough experience,” and Ray Massucco, because it was her “understanding” that he would not be on the board after elections.
Massucco, an attorney who served on the RFPL board for 12 years, seven as chair, is seeking re-election.
Instead of more trustees on the committee, Mitchell-Love and the personnel committee, which she chairs, named “members from the business and local community” - Cathy Bergmann, Barbara Ternes, Torin Brooks, and David Gould - to round out the committee membership.
Gould is also running for one of the four open seats on the trustees.
At the same meeting, trustee Elayne Clift pleaded with Mitchell-Love to slow down the process in light of the pending lawsuit by Houlné. She reminded the board that should Houlné be reinstated as a result of any potential mediation process between the parties - a conclusion that would, according to Bowen, “make the lawsuit go away” - any candidate would have given up a prior job and perhaps even relocated to the area. She then asked how Wright and Mitchell-Love would feel if that were them.
Wright replied, if it were her, she would feel bad, but that at this point, the lawsuit was just “hypothetical.”
The lawsuit, which Bowen had threatened during Houlné's public appeals process, was filed the next day.
Clift continued to insist that any letter to candidates include references to the pending lawsuit by the former library director, and mention the possibility of Houlné's reinstatement. She said that letter should be approved by the full board before it was sent out.
Wright and Mitchell-Love told Clift that Houlné getting her job back was “not going to happen.” Wright said she was told by town attorney Stephen Ankuda that “only damages could be awarded,” and Mitchell-Love reiterated the same to Clift.
On Tuesday, Ankuda told The Commons that he is “not aware of any law that would say that a court could order her reinstated when monetary damages would be sufficient.”
“Steve is wrong,” Bowen said.
Typically, Vermont law awards financial damages if civil performance (defined by Bowen as the “I want my job back” option) is not possible.
But Bowen said that it would still be possible for his client to get her job back during the mandatory mediation that accompanies such civil lawsuits.
Bowen also noted that pursuing a claim based on “the constant violations of the open meeting law over a period of time,” could provide “a remedy that would be appointment of her job back.”
He further said that because of a “complete violation of open meeting law” at the Aug. 29 Trustees' meeting where Houlné was fired, that meeting and the vote could be declared “null and void.”
A secret start
The search committee held its first meeting at the Faith Christian Church on Jan. 28 and did not warn the meeting or allow the public to attend. According to Amy Howlett, librarian and consultant to the Vermont Department of Libraries, in an email exchange with Deputy Secretary of State Brian Leven, trustee Ray Massucco, and Arnold Clift, Mitchell-Love subsequently “changed her mind about whether these search committee meetings were exempt from the Open Meeting Law, and plans to warn them, allow public comment and so forth after Tuesday's meeting.”
Leven determined that the search committee is considered a public body as defined by state law.
“All public bodies must comply with the requirements of Vermont's open meeting laws,” Leven wrote. “These requirements include proper notice, allowing for public comment, minutes, etc.”
Leven also noted that under these circumstances, the search committee has the right to enter executive session “to consider the 'appointment or employment or evaluation of a public officer or employee.'”
The Jan. 31 committee meeting two days later was warned. Minutes were taken, and the public was allowed to speak.
Search committee sends letter
At the Feb. 7 search committee meeting, members discussed the content of a letter to be sent to candidates for the library director job and whether the full board of trustees would see the letter before it was sent.
According to the minutes, the letter as drafted does include the phrase: “We feel it necessary to share with you a situation that exists around the dismissal of our previous Library Director. There is an ongoing lawsuit in the case. Currently, the library and the community it serves are beginning a period of healing, and the hiring of a new director is an integral piece of that process.”
At one point, according to the minutes, Mitchell-Love said that the letter would be sent to the trustees and discussed at the next meeting. The minutes also indicate she reiterated that, while the search committee “owns the process,” the letter would be shared with the full board.
The letter was sent to job applicants last Friday, prompting a letter of objection from Arnold Clift.
Trustees' debate
Open meeting law took center stage on Monday at the Citizens For Participation in Rockingham candidate forum, featuring Rockingham Free Public Library's five trustee candidates and hosted live by FACT-TV.
In response to a question about Mitchell-Love's previous open meeting law violations, Massucco noted that “another violation of open meeting law had occurred” referring to the first unwarned, secret search committee meeting .
He stated, “This cannot be allowed to continue” in the new board term.
Mitchell-Love was censured in a November letter sent to her by the Assistant Attorney General Bill Reynolds last fall following an eight-month investigation, for six “unintentional” violations of open meeting law.
Without incontrovertible proof that violations are intentional, censure - a consequence that Reynolds said amounted to a slap on the wrist - is the state's only recourse.
This search committee open meeting violation so soon on the heels of this censure prompted Massucco to bring up the example at the forum.
“At what point does violation [of open meeting law] become intentional?” Massucco said to The Commons.
“I believe in open meeting law,” Deb Wright responded. “I'm totally sunshine and transparency.”
David Gould, a retired pastor who is running unopposed for a two-year term, responded, “If we do not follow the open meeting, if we start moving into a secretive situation between the board and public with secretive operations between other trustees, as soon as that happens, the trust level deteriorates, and the work becomes so much harder.”
Wright, Massucco, and two other candidates - Town Clerk Doreen Aldrich and physician Carol Blackwood - are running for three three-year terms.
Massucco, Aldrich, Blackwood, and Gould are running as a bloc, using the slogan “Trustees You Can Trust.”
Candidates respond
Responding to a question from the audience regarding the responsibilities of a chair, should any of them be voted into that position in the new term, Wright responded, in part, “I would want and expect respect from the audience as well as from the other side.”
She emphasized the ability of the board to conduct the business of the board as a goal.
Massucco said, “I would put the emphasis on running respectful meetings that take the spotlight and focus off the library (which has had attention this past year) for all the wrong reasons.”
He also said that he would “establish better financial controls” to be implemented over the next three to five years.
When the question was asked what the candidates would do to reduce the inflammatory culture of the board over the past year, Wright responded, “Well, for one thing, there will be a seat vacant held by one inflammatory personality that will be leaving,” referring to Elayne Clift, who is not seeking reelection.
“I would have open discussion and be respectful while discussing and get everyone to calm down and get back to the task at hand,” Wright added.
Aldrich and Wood emphasized functionality.
Wood responded, “Get the functionality and trust back. I would run meetings with absolute honesty.” She added, “There is nothing wrong with keeping a copy of Robert's Rules of Order on the table. That could go a long way to get things on an even keel and let the board fade into the background and stop being a focus of attention.”
Aldrich concurred.
“I do think we have to function together as a board and, being new, I think we can accomplish that,” she said.
When asked what they valued most about the library, responses were varied, from the library being a sanctuary (Wright), to staff of the library (Wood, Aldrich, and Gould).
Aldrich also appreciated the staff's courteousness, but said she loves the “beautiful building.”