the essex
February 22, 2018 • The Essex Reporter • 1
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{ Thursday, February 22, 2018 }
Harassment claims sparked investigation Attorney ruled official's alleged behavior didn't violate town policy By COLIN FLANDERS The Essex town attorney found the subject of a sexual harassment investigation free of wrongdoing despite claims of “abusive conduct towards women,” newly obtained documents show. Attorney Bill Ellis ruled the alleged behavior detailed in a private investigator’s report did not rise to a
level that violated policy, and therefore warranted no discipline from the town, he wrote in letters to the accused and complainant. “Taking all facts you allege as true,” he wrote to the complainant, “they are insufficient to establish that [redacted] sexually harassed you.” The Dec. 22 letters were part of a 40-page response to The Reporter’s request for all documents related to private eye Bill Burgess’ investigation. They further clarify the timeline surrounding the allegations and illustrate the town’s attempt to keep the investigation and its conclusion under wraps despite racking up over
$11,000 in legal fees on the matter. The allegations trace back to an email from the complainant to an undisclosed party in late October that claimed at least two women were subjected to the official’s “abusive” behavior. Names of the accused, the complainant and the email’s recipient are redacted. The allegations eventually made their way to selectboard chairman Max Levy. He sought guidance from Ellis, who advised an investigation was legally necessary to “protect the interests of the town,” Levy wrote to the selectboard in November. See HARASSMENT, page 3
PHOTO BY COLIN FLANDERS
The town of Essex's attorney says the alleged behavior detailed in a sexual harassment and discrimination investigation did not violate town policy.
PHOTO BY COLIN FLANDERS
Nick Hanna, an Essex High School senior, joins the school board on January 23 after members unanamiously approved a student rep model.
School board votes to bring on student reps By COLIN FLANDERS Nick Hanna has a big task ahead of him. Not only is he the inaugural student representative for the Essex Westford School Board, but the Essex High Senior joins the body on the cusp of an intense budget season, where threats of hikes from Montpelier and the promise of savings from consolidation mean all eyes are on the district. Take his first day of action: After a unanimous vote to accept a student rep last month, Hanna joined the board just before its first budget session. To commemorate the occasion, he received a spreadsheet of expenses the length of his arm and a laundry list of foreign terms like claw backs and subsidiaries (“I’m not in AP econ,” he noted.) Still, five meetings into his tenure on the board, Hanna hopes his position becomes an integral part of the board’s decision-making process, one that values student input and considers its impact on the school population — even if that requires sitting through often lengthy meetings full of “bureaucratic talk.” “Who else has the best viewpoint on policy that is being executed?” asked Hanna, the student government president. “The students are actually living in policy and seeing it unfurl before their very eyes.” Hanna said students first introduced the idea to the board after finding a clause in their government constitution, though he admits it took some convincing among some in the group who didn’t believe the board would take up the idea. “I actually have to give major props to the school board,” he said. “I barely had to mention a word, and they were all over it.” Indeed, the idea launched ahead after Hanna attended a November meeting explaining he was appointed by the government to act as a liaison between the student body and school board. The board then set up a sub-committee to See STUDENT, page 3
A night to shine O
ver 500 churches around the world, including the Essex Alliance Church, hosted Night to Shine on February 9, pro-
COURTESY PHOTOS
viding an unforgettable prom night experience for people with special needs ages 14 and older. “Night to Shine made me feel included and that I was beautiful even though I have some unique abilities. It allowed me to know that people are fine just the way they are," said Ben Towley, the 2017 guest of honor. More than 120 guests arrived to a red carpet welcome from a friendly crowd and paparazzi. Royal treatment continued inside, including hair and makeup, shoe shines, limousine rides, corsages and boutonnieres, a catered dinner, karaoke, prom favors for each honored guest and dancing. Every Night to Shine guest was crowned as king or queen of the prom. The annual event is sponsored by the Tim Tebow Foundation.
ABOVE: A Night to Shine attendee is crowned on February 9 at the Essex Alliance Church. LEFT: A stack of crowns sits on a table. Every Night to Shine guest is crowned king or queen of the prom during the annual event for people with special needs ages 14 and older.
TOWN MEETING DAY
Residents to vote on land conservation fund By NEEL TANDAN
PHOTO BY NEEL TANDAN
Approximately 50 acres at the end of West Sleepy Hollow Road was donated to the town for conservation and “recreational benefits” in November of last year by Edward and Elizabeth Horton. The Conservation Reserve Fund, if created, would relieve some of the legals costs put to landowners for such donations.
On March 5, residents in the town of Essex will vote on both creating a conservation reserve fund, and on allocating $15,000 into that fund. If approved, the fund will be used “to further the permanent protection of land for the public good,” according to the Conservation Reserve Fund Policy, adopted by the town in January of this year. The $15,000, if approved, will come from a $0.0006 increase in municipal taxes or $1.68 on a property valued at $280,000. “This is really more about setting up a fund,” town planner Darren Schibler said at a Conservation and Trails Committee meeting last week. “Town residents have said, through various means – the 2014 Heart and Soul of Essex project, the 2016 Town Plan and the Conservation Plan Survey – that they want to see open land protected,” he said.
Schibler said by separating the items on the ballot, even if the allocation of money into the fund isn’t passed, the fund could still be created. A primary use of the fund will be to offset legal costs of donating land to the town, Schibler said, as well as outright purchases of land and matching contributions for conservation projects in town. Schibler said the appropriation being voted on is approximately the cost of making one conservation easement to the town. In 1990 and 1991, the town voted down the creation of a similar fund with a $100,000 appropriation, citing too big of an increase in the property tax and lacking detail regarding how the money would be spent. Schibler said the CRFP is an attempt to right that concern, and was crafted with the input of the CTC, Vermont Land Trust and conservation commissions in Charlotte and Williston. “It’s not just a slush fund. It is very
clear how it’s set up, how the money will be used,” he said. The CRFP states use of the fund will require conservation of specific resources, including wildlife habitats, surface waters, scenic views, public trails and historic features, as well as minimizing sprawl. The policy states the fund can also be used to reimburse costs for appraisals, surveys and inventories of conserved land; restoring damaged natural areas and the creation of land management plans. Schibler said the fund has a range of contribution options besides appropriations, including transfers from the operating budget, fund balance transfers, donations, fundraising, grants and accumulated interest. “We recognize that it wouldn’t necessarily get funded consistently,” he said. Land purchased or owned by the town will be removed from the grand See FUND, page 14