Posts tagged "1210817"

Hartman v. Town of Stoughton, et al. (Lawyers Weekly No. 12-108-17)

COMMONWEALTH OF MASSACHUSETTS   NORFOLK, ss.                                                                      SUPERIOR COURT                                                                                                 CIVIL ACTION 17-0880   MICHAEL J. HARTMAN   vs.   TOWN OF STOUGHTON, et al.   MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION   Plaintiff Michael J. Hartman brings suit against the Town of Stoughton and the members of its board of Selectmen (collectively, the “Town”), alleging that he was not validly terminated from his positon as Stoughton Town Manager and has been wrongfully prevented from performing his duties.  Before the Court is Hartman’s motion for a preliminary injunction, seeking to restrain and enjoin the Town from preventing Hartman from performing his duties as Town Manager unless and until he is dismissed from that position in accordance with Article 4, §C4-1, of the Town Charter. In consideration of the parties’ memoranda of law and oral arguments, and for the reasons that follow, Hartman’s motion for a preliminary injunction is DENIED. FACTS The following relevant facts are alleged by Hartman or revealed in the records submitted by the parties, concerning which there appears to be no dispute. By an employment agreement dated October 30, 2012, Hartman was engaged for a three-year period to serve as Town Manager for the Town.  By a subsequent employment agreement dated April 1, 2014 (“the 2014 Agreement”), Hartman’s employment as Town Manager was extended until June 30, 2017. Section 3 of the 2014 Agreement set forth Hartman’s term of employment as running from July 1, 2014 to June 30, 2017.  Section 1 of the 2014 Agreement stated: The Town Manager agrees to continue employment until June 30, 2017 … unless termination or resignation is effected as provided in Section 14 below.  Should the Town fail to notify the Town Manager that the agreement will not be extended within six (6) months of the expiration of the Agreement, then the Agreement shall continue in full force and effect for another one (1) year term and all compensation and benefits shall remain in effect.   Section 14 of the 2014 Agreement, entitled “Termination,” outlined the steps that Hartman agreed to follow to resign his position, but added “[n]otwithstanding any provision of this Agreement, the Town Manager shall serve at the will of the Board of Selectman and may be discharged from his employment in accordance with Section C4-1 of the Town Charter of Stoughton.”  In the event Hartman was discharged by the Town without cause, the Town was obligated to pay him six months’ salary. Article 4, §C4-1, of the Town Charter, states: The Town Manager shall serve at the will of the Selectman except that a vote of a majority, plus one, of the full membership of Selectmen shall be required to discharge […]


Posted by Massachusetts Legal Resources - August 17, 2017 at 7:01 pm

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