Foxborough Selectmen Ratify Vote on Town Manager’s Contract

Foxborough’s Board of Selectmen ratified its May 29th vote in executive session not to renew Town Manager Kevin Paicos’ contract beyond June 30, 2014 by bringing the result – and explanation - of that vote to the public Tuesday.

The board voted unanimously not to renew the town manager’s contract beyond the current four-year term that expires on June 30, 2014.

Just prior to the May 29th meeting to discuss Paicos’ contract, the board received new documents from Paicos and chose - just minutes after opening in public session - to go into executive session to review the documents and discuss contract strategy.

“Kevin Paicos had a four-year contract as town manager and we were obligated under the contract to make a decision by June 30th if we were going to renew his contract for another term,” said Foxborough selectman James DeVellis. “If we stayed silent it automatically renewed. Just prior to that [May 29th] public meeting, which was initially supposed to be public, we got some documentation from Kevin that we needed to go into executive session to kind of figure out under contract strategy and it was posted [on the agenda].”

After nearly 2 ½ hours behind closed doors on May 29th, the board emerged back into open session – and broadcast live on Foxboro Cable Access – to issue a one-sentence statement announcing the town of Foxborough and Paicos have mutually agreed not to pursue a contract extension.

DeVellis said the reason for Tuesday’s ratification of that May 29th vote was to bring the information to the public.

“I think a lot of people have a lot of questions after the first meeting [May 29th] and then we had the screw up that it didn’t go on cable after it started off in public,” said DeVellis. … “We deliberated for a couple of hours and we probably should have gone back into public session to make the vote and that’s the one thing we didn’t do in public. Everything else was OK in executive session but we should have came out to make that public vote.”

And that is what the board did Tuesday, showing a 5-0 vote in favor of not renewing Paicos’ contract beyond June 30, 2014.

Selectmen clerk John Gray also read aloud the following joint statement from the Board of Selectmen and Paicos regarding the town manager’s contract:

“The Foxborough Board of Selectmen and Town Manager Kevin Paicos have mutually agreed not to pursue a contract for Mr. Paicos to serve as Foxborough Town Manager beyond June 30th, 2014,” Gray read.

Gray then read aloud the “Agreement/Addendum to Contract” that was signed by selectmen chair Mark Sullivan and Paicos.

“The town of Foxborough, through its Board of Selectmen (‘Board’) and Town Manager Kevin E. Paicos (‘Paicos’) enter this agreement to address, and modify, any provisions of the Employment Agreement Between Town of Foxborough and Town Manager Kevin Paicos, signed in October, 2010 (‘Contract’), related to renewal, including automatic renewal of the Contract beyond June 30, 2014.

“Paicos’ employment as Town Manager, by mutual agreement of the parties, shall not extend beyond June 30, 2014. To the extent that there are any provisions of the Contract, including without limitation Section XIII. Non-Renewal of Agreement, that require any action or notice from the Board or Paicos concerning an extension of the Contract beyond June 30, 2014, each party waives any requirement imposed upon the other party and any claims related to any such requirement.

“This agreement and the terms herin shall not change any other provisions of the Contract and shall not be used to prejudice the position of the parties in any future matter except a proceeding to enforce the terms of the Contract, as amended by this Agreement.”

Selectmen voted unanimously to accept both statements.

Paicos was absent both Tuesday and the May 29th meeting due to scheduled military leave. Paicos had appointed Town Clerk Bob Cutler to attend Tuesday’s BOS meeting as acting Town Manager prior to taking military leave.