The Freedom of Access Act requires certain information be made public and asserts that an executive session would only protect discussion to the extent that “public discussion could be reasonably expected to cause damage to the individual’s reputation or the individual’s right to privacy would be violated.” Only that sort of personal information should be redacted from the emails the newspaper requested from the city, according to the state law. So if there were some kind of legal action that Daly or someone else could take if information about his departure were released, the city attorney would admonish councilors and other officials that they shouldn’t talk about it because the city could be sued or otherwise damaged, according to Moses. Mark Moses, author of “The Municipal Financial Crisis, A Framework for Understanding and Fixing Government Budgeting,” said in an interview it is the job of the city attorney (also called the city solicitor) to protect the city from legal claims. A West Coast-based municipal expert told the Morning Sentinel that without knowing the facts in the case, it is difficult to determine whether the public has a right to know what is going on and how their money is being spent on the matter. Related Waterville City Council votes to accept city manager’s resignation, pay him four months’ salaryĭespite the documents’ release, though, the public won’t be privy to information about the specific reasons why Daly left and what options councilors discussed in private just prior to Daly’s resignation. The parties, it says, may disclose information to the extent required by law, including providing information in compliance with state Freedom of Access Act requirements. In the release agreement, all parties promised not to disclose anything about his departure and the document says Daly may discuss it only with his spouse, attorneys and financial advisors. The city agreed to waive the 90-day requirement and give him $43,333 - which is four months of his salary and health insurance - in a lump sum payment. In his resignation letter, Daly asked that the council waive a requirement in his contract that he give a 90-day notice of departure.ĭaly, 75, was nearly two years into the three-year contract when he resigned, citing “urgent and personal circumstances.” He came to Waterville from North Reading, Massachusetts, earning a salary of $125,000 in the first year of his contract in Waterville and $130,000 in the second year. 22 via email that he planned to resign the next day, but the documents obtained by the Morning Sentinel show that city councilors were discussing Daly’s exit at least several days before he resigned.
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