Although Zoning Board of Appeals Chairman John Haas calls a series of blunders nothing “that could be construed as illegal or unethical”, a close look at the record will show that both he and the ZBA did exactly that.

What makes Haas’ series of missteps so troubling, is that he has been around long enough to know better. Instead he led his Board into murky waters when it is his responsibility to provide the moral high ground. Chairman Haas and the ZBA violated the Open Meeting Law on several occasions in quick succession as well as flagrantly violate the Public Records Law. But we are getting ahead of ourselves.

Lisa McNeil of Halifax had been the ZBA secretary for some time and one day was not at her job. People wondered what happened to McNeil’s job and once investigated the details became apparent. On March 18 McNeil wrote Town Administrator Kevin Donovan that she was approached after the ZBA’s March 5 meeting that she had been approached by Chairman John Haas and member George Boerger and was terminated without warning. McNeil copied the entire ZBA aon March 7 stated that Haas was going to contact her and she was wondering if he would reconsider the action. When he failed to respond she e-mailed him again on March 11 stating that if she was indeed terminated she needed to return files in her possession. Ten minutes later Haas wrote back that the ZBA had found a substitute temporarily. Each of these documents were provided through the Selectmen’s Office upon request by the Observer.

We had asked to see a copy of her letter of resignation and now realized that O’Neil never resigned but was terminated by less than a quorum of the ZBA and never at a public meeting.

By this time Meredith Hunt, wife of ZBA member Larry Hunt suddenly appeared filling in for the departed McNeil. Since Hunt’s name never appeared on the Clerical Pool we wondered how she was holding the temporary position. We might add that the Pool had never been updated since August 7, 2005. A new list was generated on July 1, 2008 and Meredith Hunt’s name appeared for the first time.

Donovan confirmed that it was John Haas that personally made the request to add her name to the Pool. The date of Haas’ request was June 2, 2008 and Donovan approved the action a week later on June 9. But Hunt had already begun performing duties prior to the approval. She was also working at the Town Hall doing work on behalf of the ZBA.

The position was advertised beginning on March 19 and advertised in the Kingston Reporter on March 27. 40 applicants put in for the part-time $744.58 a month position. We learned that Haas threw out every application submitted by a non-Kingston resident and tossed applications if the individual held a full-time job. That left five names which was reduced to four after called each of the five to see if they would spend two non consecutive three hour days to performing clerical duties. One declined and that left four that would be brought forward to the ZBA. There is absolutely nothing in the ZBA minutes giving Haas the authority to do what he did. Meredith Hunt was among the four up for consideration when the ZBA met, in an illegal Executive Session on a motion made by husband Larry Hunt. Finalists for a position must be considered in open session. Larry Hunt spent the entire 20 minutes it took to recommend his wife in that Executive Session, participating in full discussion. When it came time to vote, without ever hold interviews of the final four, Hunt abstained, which is an action of participation. Recusal it what was necessary; Hunt never should have been in the room.

A search of public records shows no discussion of any discontent with McNeil, her “termination” was never discussed or voted. Haas says that although not in the Minutes, the Board had frequently discussed their dissatisfaction with McNeil. How so? McNeil would have remembered those discussions and recorded them, she would still have been secretary when this occurred. You can’t claim it happened but McNeil never included the discussions because the Minutes were approved. The Board wouldn’t be talking of her termination after she was gone…it doesn’t play in Peoria folks, none of it.
Meredith Hunt has no cause to be upset. She was given more consideration than most, certainly more than McNeil. Her inclusion on the Clerical Pool was done on her behalf and mother henned personally by Haas. Haas further helped the cause by knocking a finals list from 40 to four and allowed her husband full participation in the hiring process in a closed door meeting. No interviews were conducted and Boerger, who had a professional relationship with Hunt, participated in her hiring.

Once it was clear that Donovan was offering McNeil her job back, Boerger and Haas persisted in making public statements about a case that remains in a threat of litigation. Haas has attempted to redefine her job description and Boerger, a lawyer, is still pushing for a required six hours of office work, not defined in the job description. Whispers around Town Hall are that unless they cease and desist, they could end up on the short end of legal representation. True, Boerger is an attorney who may not be troubled by that, but he hasn’t been putting on a good showing thus far. The fact that these public behaviors are occurring during a period of what must be sensitive negotiations is plain stupid.

Donovan himself, studied the matter and issued his statement of findings with resolutions that are the hardest hitting we have ever witnessed in Kingston municipal government short of dismissal. The summery of those findings are:

• That the former ZBA Secretary be reinstated if she agrees to return
• That the ZBA, as their first order of business at Wednesday night’s meeting (July 2), acknowledge their violations of both the Open Meeting Law and the Public Records Law.
• That Donovan’s findings be attached to the Minutes of the July 2 meeting
• That Donovan has submitted his findings to the DA’s Office to show that the matter is being dealt with.
• That should the secretary opt to return to her job, her evaluations and point person will be Donovan, not the ZBA.
• That the Town Council will sent a representative to a ZBA meeting to conduct a workshop on the Open Meeting Law and the Public Records Law.

It is a complicated story and there is more to it then space allows. McNeil should be returning the first week of August, that is, unless it gets mucked up again internally. We do not accept Haas’ explanation that these were innocent mistakes. There were too many missteps of too many laws.

We also resent the “We’re just volunteers” defense. Haas is a bright, fluent albeit arrogant guy…he knows what he’s doing and relies on his Board’s acquiescence to do it.