March 28, 2024

City Manager Richard Kirby Blasts Mayor Tom Rose. Charges Intimidation by Rose.

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It was a brief but terse meeting. The Mayor and city council had called for a meeting to discuss the job performance of City Manager Richard Kirby and the sexual harassment charges that City Human Resources Director Kathleen Waterbury made against top city officials including former Manager Paul Lemont. Upon resuming the public session, City Solicitor Tim Chapman reported that the council had voted in private session to hire an outside counsel to deal with the sexual harassment charges made by Human Resources Director Kathleen Waterbury. Waterbury filed charges of sexual harassment against top city officials. Mayor Tom Rose and the council had scheduled a special meeting to discuss Kirby's job performance and Waterbury's charges. Kirby seated out on the floor before the council addressed Mayor Rose. "You called for this review of my performance," said Kirby. "For what reason," asked Kirby. "Well to review this matter," said Rose. "Let me say something," said Ward 4 councilman Tim Conley. "No action on your job will be taken tonight," Conley said to audience applause. "Mr. Mayor, I've been very professional to everyone I've dealt with in this city. I told you before, Mr. Mayor, that it was inappropriate for you to get involved with personnel at the level you have," said Kirby in a stern voice. "I've said you shouldn't constantly come to City Hall and get involved with directing staff, it's against the charter," continued Manager Kirby. "I didn't direct, I asked questions according to section 2:1 of the charter," replied Rose. "Would you like me to read that part of the charter to you," said Kirby. Kirby then proceeded to read the charter section in which he said a council member can be removed from office for interfering with personnel directly. "Mr. Rose you have given orders to people in the city on how to carry out their duties," continued Kirby. Ward 2 councilman Helder Cunha asked Kirby to elaborate on the intimidation charges Kirby had made. "I think the reason we're here is to intimidate me," Kirby told the council. "Time and time again I received phone calls from you (Rose) about getting involved with staff," said Kirby. Rose didn't say much other than he was only asking questions, not giving orders. Tim Conley asked Kirby how he was working with staff. "I had a good working relationship with people and with this counsel,"said Kirby. "When I told the Mayor I had some concerns with the performance of our HR Director (Waterbury), I found myself being intimidated."  The counsel quickly adjourned and will presumably look for an outside investigator on Waterbury's harassment charges. The counsel also voted 4-1 that HR Director Waterbury will report directly to City Solicitor Chapman, during the harassment investigation. Waterbury also has filed sexual harassment charges with the State Human Rights Commission which has agreed to investigate.

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