Board to replace manager

Selectmen vote against extension

John D'Agostino told selectmen he has hired an attorney. (Sonja Wallgren for The Boston Globe)

News of the Mansfield Board of Selectmen's late-night vote to replace longtime Town Manager John D'Agostino when his contract expires next November was met with enthusiasm by his detractors, with many saying the decision was long overdue.

But only one of the three selectmen who formed the majority of the 3-2 vote was willing to say why the action was taken, when a decision on the town manager's contract wasn't required for another six months.

D'Agostino has been town manager for 11 years and earns an annual salary of $147,000.

Under the terms of his agreement with the town, D'Agostino must be informed six months prior to his contract's expiration date if selectmen plan not to renew. Instead, the vote was taken a year before the expiration date.

Selectmen Jess Aptowitz, George Dentino, and Ann Baldwin favored not renewing D'Agostino's contract, while board chairwoman Sandra Levine and Kevin Moran disagreed.

Baldwin made the motion shortly before 11 p.m. on Nov. 25. "According to John D'Agostino's contract, you don't have to give him a reason for not renewing, and that's all I want to say for now," said Baldwin in an interview on Sunday. "I don't want to do anything that could hurt the town," she added, referring to the possibility that D'Agostino would challenge his termination in court.

Baldwin noted the town manager had informed the selectmen in writing in September that he had hired an attorney to represent him. His letter arrived shortly after the board voted to have an outside lawyer review the terms of his contract.

Aptowitz also declined to comment.

But Dentino, a longtime critic of D'Agostino, was willing to talk. "I supported the motion because it gives the town manager more time to find a job, and it gives us ample time to find a replacement," Dentino said. "In essence, he has terminated himself by his actions."

While Dentino has said his difficulties with the town manager stem from a difference in their "political and financial philosophies," simmering beneath the surface of their frequent public altercations are two employee harassment suits D'Agostino lost in 2007.

D'Agostino, who oversees the municipal light department, fired John Beliveau in 2004. Beliveau sued D'Agostino and the town, saying he was fired because he supported fellow light department employee Kimberley Stoyle in a harassment complaint she made against the town manager with a state board. The Massachusetts Commission Against Discrimination eventually ruled evidence was insufficient for the complaint to move forward.

Stoyle later filed a suit in Superior Court, contending the town manager retaliated against her for the harassment complaint by driving her out of her job in 2005, about a year after he fired Beliveau.

The court found in favor of both Beliveau and Stoyle in the fall of 2007. Beliveau agreed to a $1.6 million settlement with the town, which was paid from the light department's stabilization fund.

In Stoyle's case, the judge held D'Agostino personally liable for $500,000 in punitive damages. The town was held liable for another $750,000. The town has appealed the judge's ruling, and the case is still pending in court.

Dentino, at the time of the judgments, contended D'Agostino should be fired based on the court findings. He said the town manager violated the terms of his contract by violating the civil rights of town employees.

D'Agostino did not return calls for comment on this report, but in a September interview, he said selectmen, who act as the town's light commissioners, had agreed with his decision to fire Beliveau.

D'Agostino also warned selectmen, back in September, that it would constitute a wrongful termination if he were let go based on the outcome of the court cases.

Resident Robert Goldman praised selectmen for their vote on D'Agostino's contract. "It's the beginning of a new era for the town," Goldman said. "It won't be a panacea for all the town's woes, but it will help. I haven't found one person that is disappointed."

Levine said she was surprised by Baldwin's late motion on Nov. 25. "It was out of the blue," Levine said. "We were so surprised that we almost didn't know what to say. It leaves me wondering how much of it was planned ahead of time."

Levine was particularly upset about the timing of the vote. "It wasn't necessary to be done now," Levine said. "We still have all kinds of contracts to be negotiated, so why turn him into a lame duck a year ahead of time? "Getting John out has been a pet project of George Dentino since he became a selectman three years ago," Levine continued. "He's done nothing but bad-mouth and accuse the town manager, and he's done it blatantly."

Resident Dan Pascucci said he doesn't think the early decision will affect how the town manager handles contract negotiations. "He has not done a very good job of negotiating contracts up until now," Pascucci said. "But if he's not going to put in his best effort going forward, maybe he should just leave and save us a lot of trouble."

Moran, who voted against Baldwin's motion along with Levine, said he, too, was shocked when the contract issue was raised last week. "I was caught unaware," Moran said. "And I didn't see the purpose of doing it then. My issue is with the timing and how it went down, when we were coming up on 11 o'clock that night."

Baldwin said the timing of her motion was dictated by the long agenda that night.

Levine predicted the town will have a difficult time finding someone to replace D'Agostino. "Who do you think will want to step into those shoes, when this town manager has been a punching bag for the last three years?"

Christine Legere can be reached at christinelegere@yahoo.com.