Former Chair Approved Former Constable Training, Records Show
POMFRET—The town is considering an ethics policy after email documents over the past year reveal former select board chair Mark Warner’s plan to have the town constable trained to handle police duties without full select board approval.
The emails requested by the Standard show former Constable Jon Fredholm and Warner discussing their dreams about what the constable position would look like. They talked about a logo, about the purchase of a new $4,000 laptop computer and about a new uniform.
Warner, who did not seek re-election to the select board on Town Meeting Day, coached Fredholm through the process of getting trained through the Vermont Police Academy, emailsshow.
Warner spoke about “plant(ing) the bug in other select board members ears” back in September. He wanted to “introduce the concept slowly,” emails show.
The full select board was unaware of the matter until Fredholm submitted a bill for training to the town in October 2014. The bill sparked discussion for months about past conversations and past promises that nobody at the meetings seemed to agree on. Residents questioned how the town could pay for the training given the constable’s $1,250 budget.
Warner reminded Fredholm that it was part of his duty to keep track of his budget back in July. He also gave advice for revealing the plan to the town: “You need to paint a very clear picture so that the only option is for people to look, nod and pass it on,” Warner told him.
The board called a special meeting Monday night after the emails were brought to their attention after Town Meeting Day by a resident. They spent about two hours debating whether it was a violation of the Open Meeting Law, which requires select board members to discuss town business openly when there is a quorum.
The three board members agreed that Warner had not violated Open Meeting Law since he acted alone, but it still “(didn’t) feel right” to board member Michael Reese and others.
“You can not be in an open meeting but you can violate the spirit of open meeting law,” said board member Scott Woodward, who was elected to fill Warner’s seat.
Vermont law prevents an individual selectperson any authority to take action on behalf of a town without authority from the other board members, unless that person is reprimanding a dog that has caused harm to other domestic animals.
Although statute requires select boards to have chairs, there is no specific authority granted to that individual, Vermont League of Cities and Towns Executive Director Steven Jeffrey explained. Fredholm finally detailed his intention to take over sheriff duties in the town. He submitted a more than $2,000 mostly from training that the board unanimously agreed to pay in December. Fredholm submitted a $4,000 bill in February, but board members unanimously agreed to not pay it.
Fredholm resigned as constable in January, partly due to the controversy.
Warner consistently maintained through the months of controversy that he had signed Fredholm up for training based on a previous agreement between Fredholm and the select board, where the board agreed to send him to police academy training. Warner’s contention is backed up by select board minutes, but at that time the select board agreed, there was understanding that the training would not cost anything.
Warner told Fredholm in the emails that the select board didn’t have the money to pay for training in the budget, which was set at $1,250, but they continued to correspond.
Warner coached Fredholm about replying to emails from concerned residents, emails show.
Warner and Fredholm did not return phone messages.
Board member Phil Dechert was hesitant to find any indication that Warner’s actions were inappropriate and he snubbed the need for the special select board meeting.
“Mark is a very strong advocate for training… obviously from the emails he was very much involved getting training,” Dechert said.
Resident Brian Marsicovetere called the meeting “totally out of order,” due to the fact that Warner was not present.
“I think we have to be really careful as a town when we gather to talk about individuals,” he said.
The potential to have a constable with full police duties was shot down by voters on Town Meeting Day.
The discussion brought concerns from residents.
“Things can be done that don’t fit the law but you know in your gut things are not right,” said Melanie Williams who requested email conversations dating back to 2013.
“Problems have too often been swept under the rug. All that does it create a culture of inappropriate behavior and lack of accountability,” said resident Betsy Siebeck. “Pomfret doesn’t deserve that.”
There were some that hoped having the discussion would give the town a fresh start.
“I see this as an opportunity to set a precedent,” Woodward said