ABOUT TOWN: Stoughton Town Meeting Calls 'Time Out' on Medical Marijuana

TOWN MEETING, SESSION 4: On Wednesday night, those suffering from ailments for which marijuana might be a helpful aide, got bad news at the fourth session of Stoughton's Annual Town Meeting. 

On Nov. 6, 2012, voters here in Stoughton and statewide overwhelmingly backed a law that approved the cultivation, distribution, possession, and use of marijuana for medical purposes.

But, the approval of this ballot initiative left municipalities in a bind trying to figure out how best to address the law's impact.   

The State Department of Public Health is required to provide new regulations to govern this new business.  

Town Planner Noreen O’Toole moved to adopt a moratorium on medical marijuana treatment centers in Stoughton, which would prevent any from opening until at least June 30, 2014. 

This will allow the town to "look closely at the issue through the planning process to address the potential impacts of medical marijuana in the Town and consider the Department of Public Health regulations regarding Medical Marijuana Treatment Centers and related uses," before taking any zoning actions, according to a memo from O'Toole. 

Planning Board Chairman Joe Scardino said the “template for this article is adopted from wording approved by the attorney general’s office.”  

It will give the town a year to adopt zoning bylaws for these non-profit entities. 

Town Meeting member Paul Smith opposed the article.  “The voters approved medical marijuana. This article goes against their wishes,” he said.  

But, Town Meeting passed the moratorium overwhelmingly, 78-2. 

Much of the discussion on Wednesday night centered on two proposals from Stoughton Human Resources Director James “Jamie” Kelley.  

The first was a personnel by-law which sets basic standards for the administration of personnel policies, for the definition of basic employee rights and working conditions, and for the management of certain employee benefits. 

Kelley made a power point presentation to town meeting members, stressing that these articles would modernize the town's labor relations practices. 

"The personnel by-law provides the foundation for the relationship between the Town and all of its employees, both union and non-union," according to the warrant. "It sets basic standards for the administration of personnel policies, defines basic employee rights and establishes town-wide working conditions."

Scardino said that “this will provide a better morale for employees...It’s another step in the best practices on our road to becoming first class.”  

But, Stoughton Fire Lt. Jim Curtin, the local firefighter’s union president the last six years, railed against it.  “The board of selectmen are going to implement this whether you vote for it or not. It’s bullying.  Collective bargaining works...I’m not here for me, I’m here for you. I represent one of seven unions. I live or die by that contract. This by-law hurts us."

He pointed it out that "the town of Sterling has revised it regularly, since adopting it in 2008.”  

Kelley defended the by-law, saying it evens the playing field, and is fair to all employees.  

Curtin said that “Kelley was picking and choosing pieces of the contracts for information purposes. When he says no employee will be harmed by that.  I oppose that view. It’s also the first time I’ve heard him use the term ‘red-lined.’ It sounds like they are implementing a salary cap.”  

Town Meeting members voted to support the article, 66-43.

Kelley’s other proposal, a classification and compensation plan, also got a lot of discussion. The article “establishes a town-wide comprehensive plan classifying positions, other than those filled by popular election or under the control of the school committee, into groups and classes. It seeks to pair up those doing similar work or having substantially equal responsibilities, and to establish minimum and maximum salaries to be paid to employees in positions so classified.”  

Kelley said that both articles would save the town money, but he had no estimates of how much that might be. 

Town Meeting member Jeff Blacker, who works in the private sector with a company with a human resources department, said, “If you have rules in place, it’s less likely that there would be litigation. It protects everyone.”  

Scardino added that, “this provides for equal pay for equal work.”  

Finally, town meeting member Peter Murphy said, “It’s well spelled out. We have a human resources director who is also an attorney (Kelley). If employees don’t feel their pay is fair, they can look elsewhere for another job.”   

The current system of granting step increases and cost of living increases will "bankrupt the town," Kelley said. He said the new classification/compensation still gives employees "room to grow" salary wise. He said he thought it would be better for all those involved to go with predictable wage enhancements, rather than what was in place.

Town Meeting member Barry Crimmins felt both articles were "putting the cart before the horse" and wondered if the town should wait to see if the unions adopted these changes during contract negotiations. 

But, members supported the compensation and classification plan as well, 63-42.

Five of the town's municipal unions are still in the process of negotiating contracts. Two - the library employees and police department's superior officers - have already settled contracts with these new stipulations in place. 

In an effort to try to get Town Meeting to get more done, member Lou Gitto made a motion that Annual Town Meeting be gaveled each night by 7:15 p.m. (instead of 7:30 p.m.), and that no new articles be taken up after 10:45 p.m. (instead of 10:30 p.m.). In essence, he was getting another 30 minutes of work in each night.  The article passed easily on a voice vote.   

Town Meeting also passed customary articles to “accept and contract funds for town roads” and “Apply for and accept federal and state funding.”

Annual Town Meeting continues on Monday, June 17 at the Stoughton High School auditorium at 7:15 p.m.

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