Norwich residents say Selectboard still owes answers for town manager process 

By PATRICK ADRIAN

Valley News Staff Writer

Published: 11-12-2023 2:18 AM

NORWICH — The Selectboard’s reluctance to discuss its hiring of a permanent town manager — which occurred without community input or a formal candidate search — is raising concerns among residents about transparency and accountability.

Critics have said it was unprecedented for the Selectboard to forgo advertising the position regionally or organizing a committee to review applications and gather community input as part of the process.

“They messed up royally,” resident Kris Clement said in an interview last week. “There has been a tremendous lack of transparency.”

In August, the Selectboard began the process of hiring a recruitment firm to assist in a town manager search. But the board voted, 3-2, to permanently hire interim Town Manager Brennan Duffy before the Oct. 8 deadline for contractors to submit bids.

(Duffy said in an email last week that two search firms ultimately did submit bids to the town.)

The board’s decision came as a surprise to residents in attendance at the Sept. 27 meeting where the vote was held. Six weeks later, multiple people have said they are still seeking answers from the Selectboard.

The board hired Duffy, a former economic development leader in Rutland, as the interim manager in December to replace former Town Manager Rod Francis, who entered into a separation agreement with the Selectboard. Mid-year, Duffy received a one-year contract extension in the interim role.

Resident Cheryl Lindberg said that regardless of how interested board members were in keeping Duffy, they should have allowed an opportunity for other candidates to apply before putting him in the permanent role.

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“My issue is with the process,” Lindberg said in an interview. “Put all the candidates into a basket and look at them using a fair and equal process.”

Town policy requires that the position be publicly advertised at least five days before a hire is made. Duffy confirmed on Friday that an advertisement for his job was never posted.

Lindberg, the town treasurer and a lister, stressed that she is only objecting as a resident, not in an official capacity.

Others have been troubled that a week before the hiring decision, the Selectboard held two “emergency meetings” to discuss Duffy’s contract in a non-public session.

Under Vermont law, emergency meetings may be held without a public announcement or notice “when necessary to respond to an unforeseen occurrence or condition requiring immediate attention by the public body.”

In a news release announcing Duffy’s hire, the board stated that it had received “time-sensitive information” that required an immediate discussion of Duffy’s employment behind closed doors.

But given that the board did not take action until the following week, the Selectboard had time to schedule “special meetings,” which only are required to be publicly noticed 24 hours in advance.

Residents have attempted without success to get explanations from the Selectboard regarding the board’s hiring decision.

Last month, Lindberg submitted a list of questions to the Selectboard with an expectation of receiving responses. In addition to questions about the decision to hold emergency meetings, Lindberg asked the Selectboard about the timeline for the decision to abandon its original plan for a formal candidate search.

Lindberg also asked about the board’s decision to pay Duffy an annual salary of $144,700, when only $104,000 was budgeted for the position.

“Where will the overage of this salary decision come from?” Lindberg asked.

Duffy said in an email that he does not know from where in the budget money will be shifted to pay for the increase in his salary.

Lindberg presented her questions during public comments of an Oct. 11 board meeting.

Chairwoman Marcia Calloway asked Lindberg to submit her questions in writing and the board would consider at their next meeting “how much of it can be answered.”

“We will see if the board wants the town counsel to write to you,” Calloway said.

But at the next meeting, on Oct. 25, when Calloway asked if any board member wished to consider forwarding the letter to the town attorney for a response, no board member made a motion to do so.

As a result, there was neither a discussion about Lindberg’s questions nor a vote on how best to answer them.

In a phone interview, board member Pam Smith — who was one of two votes against making Duffy the permanent manager — declined to comment.

Other board members did not reply to email messages seeking comment.

“If we keep pushing this, we will back them into a corner where they will have to respond,” Clement said.

“We don’t want to do it, but they are doing it to themselves.”

Lindberg and Clement both said to expect further action to solicit answers from the Selectboard, including right-to-know requests for public documents and exploring potential legal actions.

“There is definitely more to come,” Lindberg said.

Patrick Adrian can be reached at padrian@vnews.com or at 603-727-3216.