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Mr. Zemitis said he would be available to talk to the town about the issue on either July 8 or 9 and the selectmen tentatively settled on July 8. If it is possible to get a quorum, the Board of Finance will meet after the selectmen's meeting to further discuss the matter.
Mr. Zemitis would not conduct the forensic audit and said that it should be referred to another auditor. He said any forensic audit should be done before the regular audit is done in the fall.
Mr. Zemitis, in response to a question from the Board of Selectmen, said that in general it is good to separate the functions of accounts payable and accounts receivable, with different people performing each function. Selectman Vincent LaFontan has pushed for greater controls over the ways town books are handled since the scandal erupted.
"[Mr. Zemitis] wrote, 'If a person is performing tasks in several areas, there should be close monitoring,'" Mr. LaFontan said. "I took from that he is agreeing with my concerns."
The selectmen have also been informed that two selectmen must sign any check before it goes to the Town Treasurer for a third signature.
A legal opinion was sought in reference to a Board of Finance discussion of the difficulties surrounding Ms. Agard's performance. At a special meeting on June 20, the finance board deferred discussion after it was unable to decide if an executive session was required. Mrs. Epstein asked town attorney Jeff Sienkiewicz for an opinion and he responded that the discussion should be in public session unless it concerns law enforcement actions or the former employee's personal information.
While his opinion cleared the way for a public discussion of the problem, Mr. Seinkiewicz cautioned that the Board of Finance should "be mindful that no determination has been made that a crime has committed."
A letter to the editor, written by Susi Williams and published in town news organs last week, provoked the ire of Selectman Bruce Adams, who opted to respond during the Selectmen's meeting. Mr. Adams said he had written a return letter to the editor, but, because he usually refrains from responding to public criticisms, he had not sent it.
Ms. Williams accused Mrs. Epstein and Mr. Adams of "hoodwinking" the public by trying to force the discussion about Ms. Agard into executive session. She had also questioned Mr. Adams' and Mrs. Epstein's competence to do administrative work for the town because they had careers as teachers. She further commented on her surprise at finding Ms. Agard helping Town Treasurer Monty Besmer when she visited town hall last week.
In his letter, which he read into the minutes, Mr. Adams addressed the points raised in the Williams' letter. He acknowledged that Ms. Agard had been in the office helping Mr. Besmer. "Ruth was away [on vacation] and certainly cannot be blamed," he wrote. "I was 20 miles away at work, but received a call from a town hall employee. I spoke to Trooper [Keith] Asman, and we agreed it was inappropriate even if she was offering invaluable help. I spoke with Monty shortly after and advised him of this."
Mrs. Epstein has since advised Ms. Agard that her "presence in town hall was inappropriate."
Mr. Adams chided Ms. Williams for assuming knowledge of a finance meeting that she did not attend. "You did not witness what transpired," he wrote. He said he had "fully expected" to provide the information requested when the question of executive session was raised. "I certainly did not have the answer, nor did anyone else, so that is where my explanation ended. At no time did I, or Monty, refuse to give them information, which they certainly are entitled to."
He said no one had been "hoodwinked" and said the issue has been handled as the law stipulates.
He objected to Ms. Williams' characterization of Mr. Besmer. "He is doing everything within his power to learn the nuances of the job," he wrote. "[a task] made all the more difficult by the very cumbersome software program. In addition, he has taken on the financial duties of the administrative assistant and has worked long hours to master the system used in payroll and to pay bills. I never stated he is working 40 hours per week, but did say he is in the office for many hours. Could [former town treasurers Tanya Horgan or Jack Kinney] have done what he is doing in less time-absolutely. They are trained professionals in the field. But Monty deserves credit for what he has done and continues to do without complaint or request for additional financial compensation."
He ended by saying, "Finally, I resent your statement that 'Ruth and Bruce were teachers and are ill-prepared for the demands of the Board of Selectmen.' Many people will tell you that experienced teachers are well suited for many things based upon the varied things a teacher faces daily-the biggest of which is working with other people!"
Ms. Williams took the floor with her own statement, saying that she had considerable non-partisan support for her letter regarding town hall policies and procedures in regard to the administrative assistant and town treasurer. She asked that the selectmen act in accordance to with the Town Treasurer Study Committee, which had recommended a move to a paid financial manager.
"The people of Kent would be well-served if a public hearing on the matter, followed by a special town meeting to vote on the proposal, were to be held not later than September 2008," she wrote. She promised that if a public hearing and town meeting are not called a petition forcing such a meeting would be circulated.
"Forcing a special town meeting by petition is not the route we prefer," she wrote. "We instead hope that the BOS will make specific plans for [meetings] to be held in the fall."
Mrs. Epstein said the selectmen had always planned to hold a public hearing in the fall. The original plan for town meeting action had, by general consensus, focused on the annual town meeting in January, however.
Mrs. Epstein read a letter from the Freedom of Information Commission proposing a solution to a complaint brought by Stoneforge Chronicles publisher John Mauer. Mr. Mauer alleged that Mr. Adams and Mrs. Epstein held an illegal selectmen's meeting during budget season. He said he would drop the complaint if Mrs. Epstein were to schedule a Freedom of Information training workshop for herself and other town employees.
Mr. Epstein said she would be happy to have such a workshop and would gladly attend. "I think it is a great idea," she said. "I am all for education and I will be inviting all the boards and commissions to attend as well."
Mr. Adams, who is new to the board, said he welcomed the opportunity to learn more, but expressed surprise at Mr. Mauer's complaint. Freedom of Information prohibits a quorum of any board meeting and discussing town affairs without due notice to the public. Mr. Adams said he had come to the town hall during the lunch hour and had an informal discussion with Mrs. Epstein while she ate about the mechanics of budget preparation. During that conversation, both road crew foreman Rick Osborne and the then-administrative assistant had offered information.
"John called and he asked about it," Mr. Adams said. "When I explained what had happened, his response was, 'That doesn't seem like much.' No decisions were made-we were just discussing mechanics. I was surprised to hear there was an FOI complaint. I continue to question whether a violation took place."
