REPORTER’S NOTEBOOK: Can Grafton Police prevent swimming at Silver Lake Beach? Can Select Board members behave on social media?

Silver Lake Beach is closed for swimming, yet Silver Lake is open to the public.

What?

Town Administrator Tim McInerney was planning to discuss signage at Silver Lake reflecting the beach’s closed status for Summer 2020, aka The Summer COVID-19 Shut Down Everything Fun for Kids. But the actual wording wasn’t available by Tuesday’s Select Board meeting, and there were questions.

Silver Lake is still open for boating and fishing, the conservation land trails can be used, and even the beach itself is open to sunbathers.

“But what can the town do to prevent people from swimming?” Select Board member Peter Carlson asked.

McInerney said the signs will tell visitors that lifeguards will not be stationed at the beach and swimming is not allowed. “Can that be enforced? I can’t answer that”

Select Board member Ed Prisby asked if the town could be held liable if people do swim and asked what level of effort the town will put it.

“We’re relying on the good charm of the police officers to move them along,” McInerney said.

*****

Grafton residents have opinions! And they’d like to have them read into the record during the Select Board meeting since Zoom makes it difficult to have public comment!

The full letters packet is in the link above, but here are some highlights:

• School Committee Chairperson Laura Often clarified some remarks about Superintendent of Schools Jay Cummings’ contract and staff salaries made by the Select Board last week and made this comment: “It’s unfortunate that some staff and Select Board members continue to propagate the idea that the school department and municipal functions of the town are separate, competing entities, and that “the school side” is being properly funded while “the municipal side” is not. Neither ‘side’ is being adequately funded, but it isn’t about ‘sides’ – we’re one town, one Grafton, and we need to work together for the common good.”
• Planning Board and Community Preservation Committee member Justin Wood reflected on the service of the late Richard Schultze on the CPC and objected to Schultze’s committee spot being filled so quickly. “When I heard of Rick’s passing due to COVID those same residents were among my thoughts, though I felt it would have been disrespectful to Rick’s legacy were I to tell anyone, “We have a vacancy, send in a letter that you want to be on CPC” so shortly after that tragedy. We in fact had a meeting of the CPC last night (May 28th), which opened with a moment of silence for Rick (this was our first CPC meeting since he passed) and had no further discussion or mention of the vacant seat, which I thought was quite appropriate. However when I saw Brook Padgett on the agenda for an appointment to the CPC I was shocked. I feel that appointing him this suddenly would be a disservice to Rick’s legacy. We should advertise this vacancy to the town and allow a few weeks for responses to come in to allow the public to declare their interest to be appointed to this wonderful committee.”
• And from CPC Chairperson John Stephens” “I received an email this afternoon inquiring about a vacancy on the Community Preservation Committee. (See email message at the end of my email.) It is my understanding that this vacancy was advertised during May and that there was only one applicant (Brook Padgett) and that the application period closed on May 27, 2020. I recommend appointing Brook Padgett at your meeting on June 2, 2020. CPC is currently in the middle of a 6-month process to update Grafton’s Community Preservation Plan. In fact, there are three community forums planned during the next 10 days to solicit public input which will be incorporated into the plan. It promises to be a busy summer, both with updating the plan and with soliciting and reviewing grant proposals during July and August.”

*****

How much is it going to cost to hold Town Meeting on June 20 while social distancing on the football field and in the gymnasium?

$21,027.

The full invoice from Immedia Event Productions is above. The big ticket item, apart from labor, is $10,000 for two LED Video Walls for the audience.

*****

Some town officials are big fans of social media and use it often, answering questions in various Facebook groups or creating their own videos to discuss points of interest. Others prefer to reserve social media for campaign season and their personal lives.

Select Board member Donna Stock drew up a Select Board Policy handbook, outlining proper conduct during meetings , suggesting that all communication between the Select Board and town staff be through the town administrator and introducing a new social media policy. It wasn’t discussed Tuesday since it was past 10 p.m., but for the sake of public interest, here’s the social media policy:

The Town of Grafton (the “Town”) depends upon an environment of tolerance and respect for the achievement of its goals in serving the citizens of the Town. Social Media is defined as Online forums in which individuals participate in the exchange of ideas, messages, and content, including but not limited to, blogs, microblogs, and social networking sites (e.g., Facebook, LinkedIn, Twitter), all forms of electronic communication, transmission, or storage, including but not limited to, websites and any content contained therein or related thereto.

The purpose of this policy is to provide notice to elected board members that their use of social media must conform to the law and this policy. This policy is designed to promote and govern the professional and personal use of social media in a responsible manner and to avoid uses that can:

(1) breach confidentiality by revealing protected information about the Town, its citizens, or its employees;
(2) expose the Town to liability for behavior that may be harassing, offensive, or maliciously false; or
(3) interfere with productivity and/or ability to perform the duties and responsibilities as Officials of the Town.

While Officials may maintain and use personal web pages and websites, blogs, microblogs, social networking sites and other forms of social media while off-duty, their status as Officials of the Town requires that the content of any postings on those social media sites or other web pages not be in violation of existing Town by-laws, policies, directives, rules or regulations. The Town’s image as a professional organization comprised of professionals is critical to maintaining the respect of its constituents. Although the Town recognizes that Officials may choose to express themselves by posting personal information upon electronic media sites through personal websites, social networking sites, blogs, microblogs, chat rooms, or other electronic means or by making comments upon electronic sites hosted by other persons, groups or organizations, this right of expression should not interfere with the operation of the Town. That is, although the Town acknowledges its Officials have the First Amendment right to free speech, the right is not absolute and extends only to matters of public concern. Therefore, Officials should exercise caution with respect to comments they post, particularly those concerning the Town and the business of the Town.

Officials should use their best personal judgment when using any form of social media and must ensure that their use does not violate this or any other Town policy.

All use of social media is subject to the following conditions:

1. There is no guarantee of privacy for electronic communications through Town systems or equipment. The Town reserves the right to review and/or monitor all electronic records and communications, at any time, with or without notice, including individual user folders and other information stored on the Town’s electronic communications systems. In accessing the Internet, including social media sites, users should assume that all connections and sites visited using the Town’s network will be monitored and recorded. This examination helps to ensure compliance
with Town policies, assists when internal investigations must be conducted and supports the management of the Town’s information systems. Use of the Town’s electronic communication devices including, but not limited to, Town-issued email accounts, Internet services, Intranet, Town-owned lap tops and computers provided for remote use, and computer software constitutes acceptance of such monitoring. Content maintained electronically is also subject to the Public Records Law.

2. All Officials are expected and required to conduct themselves in a manner consistent with the Town’s policies and standards of conduct.

3. Officials must not reveal any confidential or privileged information about the Town, its constituents, or its contractors. Officials must be particularly careful to protect against the inadvertent disclosure of confidential information.

4. Officials must not harass others in contravention of the Town’s Sexual Harassment Policy, and Harassment of Individuals in Protected Classes Policy, regardless of the time, place, form, or manner in which the information is posted or transmitted. Comments may be deemed to violate this Policy even if the Town’s name or the name(s) of any individual is not specifically referenced.

5. Officials should be honest and accurate when posting information or news, and if they make a mistake must correct it quickly. Officials should not post any information or rumors they know to be false about the Town, its employees, constituents, officials, suppliers, vendors, contractors or any other entities or individuals.

6. Officials may express only their personal opinions and should never represent themselves as a spokesperson for the Town, their board or committee unless designated to do so. If the Town is a subject of the content created by an Official, the Official should be clear and open about the fact that he/she is an Official of the Town and should make it clear that his/her personal views do not represent those of the Town, or its employees, officials, suppliers, vendors, or any other agent of the Town unless designated to do so. Officials who publish blogs or other online posts related to their role with the Town should make clear that they are not speaking on behalf of the Town (unless designated to do so). Further, an Official’s decision to express their personal opinions does not alleviate their responsibility as an Official to take appropriate action under the circumstances, which may include, but not be limited to, taking action themselves or reporting an issue to a supervisor.

7. Officials must also recognize that posting content regarding Town-related matters may result in the violation of the Open Meeting Law. Officials should consult the Open Meeting Law Guide provided to them by the Town Clerk’s Office for more information.

Town Counsel may also be consulted subject to the prior approval of the Town Administrator.

8. Officials are expressly prohibited from using social media to engage in any activity or conduct that violates federal, state, or local law (e.g., software or data piracy, child pornography, etc.).

9. Officials are prohibited from using social media to engage in any activity that constitutes a conflict of interest.

10. Officials are generally not authorized to provide employee references and are prohibited from using any review or recommendation feature or system on a social media site (e.g., LinkedIn) to post reviews or other comments about employees.

11. The Town encourages anyone who uses social media in contravention of this policy to be honest and admit the error as soon as it occurs. Although errors cannot always be erased, prompt notification can make a significant difference in the Town’s ability to correct or remedy the issue.

FBeyond the above general provisions, elected board members are strongly encouraged to consider the impact of their statements before making them. The Town strives to be professional in its operations and processes. Posts that suggest a likelihood of more or less favorable treatment toward any individual or group of individuals, e.g., based upon race, gender, national origin, sexual orientation, reflects poorly on the individual making an inappropriate statement as well as the Town and its citizens. Further, comments suggesting such treatment can expose the Town to liability and legal costs. All are strongly encouraged to carefully consider their comments before posting them.

Anyone who is unsure whether a particular posting or contribution to online social media violates this policy is encouraged to ask the Town Administrator.

Violation of this Policy may constitute good cause for removal of appointed Officials under the Town Charter. Elected officials may be subject to a request for their resignation, public censure or reprimand or a recall petition in accordance with the Town Charter. A failure to enforce this Policy does not constitute a subsequent waiver of any violation of this Policy.

Like Grafton Common? Help support us on Ko-fi.

[kofi] https://ko-fi.com/jenniferpaluzzi