City Council Rejects Kirby Return

Botelho's motion Fails in 3-2 Vote to reinstate Richard Kirby. A meeting full of "I said, You said" Accusations. "This isn't good," - Mayor Jim Briden

In a contentious debate with Ward 4 councilman Brian Faria trading barbs mostly with Ward 1 councilman Bob Britto and Ward 3 councilor Joe Botelho, the city council voted 3-2 against reinstating former City Manager Richard Kirby to his old job. Kirby had been fired by the previous council in an effort led by former councilman Tom Rose. Joining Faria in opposition to bringing back Kirby were at-large member and Mayor Jim Briden and Ward 2 councilwoman Anna Sousa. In a meeting with mostly city officials in the audience and just a handful of residents, former manager Richard Kirby attended and sat quietly in the back row with a few supporters. One of the Kirby supporters, former state representative Ed Lynch, addressed the council. "Mr. Kirby did a very good job here. Be honest with the people. You people campaigned on bringing Mr. Kirby back. There will be a lot of people upset. You will have a hard time getting reelected if you bring him (Kirby) down," Lynch told the council. Another resident asked the council to "keep acting manager Tim Chapman in the job. He is very calming and he'll keep things on an even keel until we go to an elected mayor," she said. Councilman Botelho had placed the name of Richard Kirby (a Rumford resident) on the agenda for "appointment as City Manager." However the matter was confusing to many as the manager's position is not open and hasn't been advertised. "My vote is not against Mr. Kirby," said Brian Faria. "I have no ill will toward Richard. We should advertise and Kirby should apply and I am very open to that process. They (Kirby supporters) went about this the wrong way," said Faria. As Botelho began to speak in support of returning Kirby, city solicitor Greg Dias cautioned the council against "saying there is a potential liability in an employment action." "I appreciate that Greg (Dias) but this is still America and there is a first amendment right of free speech and I'm going to say my piece. I've placed this on the agenda for consideration tonight. I actually invited Mr. Kirby here this evening in case the council had any questions." Botelho continued, "If we don't return Mr. Kirby, it will appear that we are carrying the water of the previous council along with Mr. Chapman (acting manager) whon they appointed." "After reading journals of all council meetings spanning the last eight months along with what have come to be known as the Leaver and Ragosta reports as it relates to the last summers firing of Richard Kirby, it is my opinion, based on my research that he was more a victim of backroom political chicaneries by certain members of the past council and their extended political relationships," said Botelho in prepared remarks for the council. "As a result, he was rode out of the seat on a 3 to 2 vote based on inflated and exaggerated charges by those who ousted him." "The only thing Mr. Kirby was guilty of is preventing this place from being run like Tammany Hall. For that he was fired," added Botelho. "I was open to considering him, I only ask that he apply," was the continued response from Faria. "It's their (Botelho, Britto) way or no way. He was terminated, he is no longer an employee at will to just be reinstated," insisted Faria. Faria continued, "Greg (solicitor Dias), tell me what the hiring process is." Solicitor Dias told the council that there really is no opening. "In fact there is an extensive process. He (Kirby) was terminated. It's a long process to fill an open manager's job. That last process involved a national search, interviews and then public interviews," said Dias. "That's a process which could take six months," said Bob Britto. "Why would he have to go through that process again? Why can't we just reinstate him to his former post," asked Britto. "He could be appointed just like the acting manager was appointed. He (Chapman) didn't go through any application process," maintained Britto. "Have you been in touch with Mr. Kirby, councilman Britto," asked Faria. "I most certainly have," said Britto. "And in fact, you (Faria) have been in touch with him because you called me last week to tell me you had," Britto told Faria, voice raising. "Richard Kirby reached out to me several times on Friday February 10th, sending me a variety of consecutive text messages expressing his opinions and concerns about the fire testing," said Faria. "At that point I returned his call and we discussed his concerns. At the end of the conversation he stated he was still interested in becoming City Manager and I extended myself to meet with him to discuss that," continued Faria. "I just want him to apply and I'm very open to considering him," said Faria. Faria disagreed with Botelho and Britto's assertion that he 'campaigned on bringing back Kirby.' "I did not do that. I was very upset with the former council firing him the way they did, but I never campaigned on bringing him back," said Faria with voice raising. "We need to prove that this council is not business as usual. That's how we all campaigned," said Botelho. But the more the group discussed Botelho's motion to return Kirby the more contentious the comments got. As the discourse between Britto and Faria continued, Faria told Britto, "You're not going to impose that attitude with me." "What attitude? I'm asking questions. Do I have to treat you with kid gloves," Britto asked Faria. "I move the vote," said Faria. "I'm talking to you. Can't we have a dialogue back and forth," said Britto. "Brian let's look at the facts," Botelho asked Faria. "You called councilman Britto and me to set up a meeting to discuss replacing Tim Chapman. "The meeting was canceled because the law department said it wasn't posted properly," said Botelho. "You never bothered to call another meeting to discuss the issue. You wanted to get rid of Tim Chapman now you want to keep him," said Botelho. "Joe, have you taken Chapman out to lunch twice," asked Faria. Botelho answered yes but told Faria he wasn't sure who paid for the luncheons, when asked. "All of a sudden you want to have a hiring process when you've been stringing Mr. Britto and me along for two months,"said Botelho. As Faria and Britto exchanged harsh sentiments, neither backed down. As Britto told Faria he would go head to head with him on arguing the timeline involved, Faria, in animated fashion, removed his suit coat and proceeded to argue as if to make a demonstrative impression. "There is a disconnect between your brain and your mouth right now," Britto told Faria. "You're mad because you wanted to be Mayor, Bobby," Faria retorted to Britto. "Really? You can say whatever you want because I've got nothing to hide," replied Britto. Ward two councilwoman Anna Sousa and Mayor Jim Briden hadn't commented much throughout the constant back and forth between Faria, Botelho and Britto. Briden, who usually lets speakers go on without many rulings on parliamentary order, eventually shook his head and said that the discussion should end. "This isn't good, let's wrap it up, let's cease this," said Mayor Briden. The vote was cast with the alignment of Briden, Sousa and Faria against returning Kirby immediately. Botelho and Britto voted to reinstate Kirby. Kirby had left the chambers without commenting amid speculation that he may take legal action against the city for wrongful termination. Once the acrimony subsided, Britto asked to make a comment before adjournment. "The matter is closed. It's time to move forward. I want to congratulate you (Tim Chapman) as it appears you will be our manager (until the elected Mayor). I may not always agree with you on policy, but it's important to move forward in the best interest of the city," said Britto. "I wish you good luck." After the meeting, Botelho and Britto both agreed to move forward on the Kirby issue. "Look, we put it on the table about returning Kirby. It didn't happen. That's about it," said Botelho. "And make sure people know, I'm not against Kirby personally," said Faria. "If there is an opening (for city manager) and he applies, I'm very open to considering him strongly. However, it appears that after the council action, Tim Chapman will remain the city manager until the issue of an elected mayor form of government is established. The newly formed city charter commission will begin meeting on March 2nd, 2017.