BELLOWS FALLS — Following “a year from hell,” as one library staffer phrased it - a year that included bankruptcy filings by a former contractor in the middle of library renovations, the logistics of the renovations themselves, and the removal of the library director by the Board of Trustees, all within months - the Rockingham Free Public Library had dual cause to celebrate last week.
The renovations were finally complete, so the new board elected to celebrate with a grand reopening on May 9, which drew approximately 100 supporters, board members, and staff.
Just three days before that, the board agreed to rehire Célina Houlné, the RFPL's ousted director.
The agreement resulted from mediation that had taken place as part of the process of Houlné's lawsuit against the Board of Trustees and the Town of Rockingham.
Of the mediation, Houlné told The Commons, “I'm happy that we were able to come to an agreement so that we can move forward.”
Youth Librarian Samantha Maskell and Reference Librarian Emily Zervas had been managing their own positions and had split the library director duties together following Houlné's dismissal last August.
Eight months later, they were glad to hand the reins back over to Houlné.
“We are so happy to be celebrating the renovation completion and Célina's return,” Maskell told The Commons Saturday.
“The community has been so supportive of the library,” she said. “Now we can get back to focusing on all the things we can do here.”
Coming to terms
Following a mediation meeting on April 30 in response to the lawsuit for wrongful dismissal and breach of good faith, among other complaints, representatives from both sides met and agreed on the terms under which Houlné would return to work and, in return, drop the lawsuit.
The trustees then met on May 6 to ratify the rehiring, in a vote of 6-2, with trustees Jan Mitchell-Love (the board's former chair) and Hope Brissette dissenting.
Former Trustee and Vice Chair Deb Wright was not happy, either.
“It is, as always, sad that local government will continue to worship the dollar over the truth,” she wrote The Commons.
An “evergreen” contract is being drawn up by the lawyers according to the terms sheet and, once accepted and signed by both parties, Houlné will resume her duties.
Houlné's attorney, Richard Bowen, said contract negotiations should be wrapped up within the next few weeks.
“The climate in the library has changed dramatically with the announcement,” Bowen observed, “and the timing couldn't be better.”
Community gathers to celebrate
With renovations finally complete, and the library put back together, everything in its place, a grand reopening was planned and executed by trustees Carolyn Frisa and Pat Fowler.
A lot of assistance and contributions came from volunteers and area businesses, Fowler said.
Fowler said that she and Frisa went to all the restaurants in town asking them for donations, and received “all kinds of food,” which appeared on tables for the celebration.
Of the response from the restaurants, Fowler said, “Everybody wants the library to succeed.”
Several tables displayed donations of dozens of homemade cakes that were to be raffled following the ribbon cutting.
Proceeds from the raffle benefitted the Friends of the Library, staunch supporters of library staff throughout the renovations and process to get Houlné rehired.
Approximately 100 very happy people crowded the rooms of the library Saturday, spilling over downstairs into the renovated youth area and upstairs into the new meeting room.
Those guests included town officials and other people key to renovation completion, including Selectboard members Thom MacPhee and Ann DiBernardo and Town Manager Willis “Chip” Stearns III.
Representing Engelberth Construction Inc., the firm that picked up the project after the bankruptcy of Baybutt Construction Corporation, were Chief Financial Officer Tom Clavelle and Project Manager Brendan Jones.
From the Vermont State Department of Libraries, State Librarian Martha Reid and Southeast Regional Consultant Amy Howlett helped celebrate the renovation.
Friends of the Library President Polly Montgomery attended, as did former FOL Chair Elayne Clift, a former trustee, and husband Arnold, an active FOL member.
Music for the event was performed by tenor banjo player and Bethel resident Bob Dean, fiddler Jill Newton, and acoustic guitar player Alan Partridge. WOOL Radio set up and was broadcasting from the library, as well as a full complement of press.
All the library trustees attended, with the exception of Mitchell-Love and Brissette.
Grabbing with gusto
At noon, those attending the celebration were called to the front of the library, where Trustees Chair David Gould preceded the ritual ribbon cutting with a speech that called for a “fresh start.”
Gould noted that “this has not been an easy project to observe and work on.”
“But today is a new day, and we gather to celebrate the accomplishments of the town and the community in the completion of the renovation of the [library],” he said.
“Our historic building has been restored and is now ready for another hundred years of service, and more, to the community,” Gould said.
In a tone of reconciliation, Gould told the community gathered around him to celebrate both completion of the renovations and Houlné's rehireing.“
After recognizing and thanking the staff of the library, who carried the weight of daily operations throughout the renovations and Houlné's dismissal, Gould urged the attendees to take advantage of the “opportunity for rededication of service to our library and our community.”
“Let us grab this time with gusto and move forward together!” he said.
Before ending, Gould announced the board's decision to rehire Houlné, which got the loudest applause of all.
Then, with Zervas and Maskell holding the ribbon, amid more high spirited applause and cheering, Frisa, Howlett, and Reid used ceremonial shears (provided by Roger Riccio and the Greater Falls Area Chamber of Commerce), and declared the Rockingham Free Public Library officially open.
'Finally, the saga is over'
On the day following the board's decision, Houlné returned to the library to volunteer.
In between helping patrons and staff, she accepted hugs and congratulations from about every second or third patron who walked into the library.
She said, with the library so busy, she was looking forward to “getting the staff back up to full strength.”
Public Services Librarian Ed Graves left over a year ago and he was never replaced, a cost-saving measure taken by the former board, she noted.
“Sam and Emily will be happy to get back to working full time on their projects,” as well, she said.
Engelberth Construction, Inc. CFO Tom Clavelle told The Commons he thought the end product was “wonderful.”
“It's always nice to see the smiles on people's faces when a project is complete,” he said.
Some elements of the original design had to be sacrificed due to losses suffered following legal issues resulting from Baybutt's failures.
The Selectboard, however, expressed their full support of Stearns, who oversaw daily projects, made decisions, and communicated with the trustees and project manager after the town took control of the project from the trustees when Baybutt's bankruptcy filing turned into a legal issue.
Some of those decisions were called into question by the former library board leadership, causing further friction between the board and the town during the last phases of the renovation.
But, MacPhee said, “Finally, the saga is over.”
And out in front of the library on the bench, two men enjoyed the shade.
One of them, Martin Peer, concluded that “the library is what makes this place a community.”
Coming to compromise
According to the terms of the settlement, the Vermont League of Cities and Towns (VLCT) Property and Casualty Intermunicipal Fund will pay $35,000 to Houlné as “claims of breach of the covenant of good faith and fair dealing, defamation and emotional distress, and is not compensation for lost wages.”
Both sides will bear their respective costs of the lawsuit.
In a nod to some of the evaluation issues that spiraled into a probationary period and, ultimately, her firing, Houlné will, according to the terms of the agreement, complete continuing education in staff and organizational management, financial management, and grant research and writing, with two such courses completed within one year of her rehiring.
She will be offered what the parties termed an “evergreen” contract, starting at $42,993.60 per year, which will protect both her and the trustees' interests going forward.
According to Bowen, the contract will automatically renew unless she decides at that time not to renew her contract, or a supermajority - a minimum of six of the nine trustees rather than the current simple majority of five - “votes to terminate.”
Other provisions are that, should this event occur, she would be paid through the end of her contract in any case.
In addition, Bowen explained, “There will be a release for actions for the persons involved up to the time of the agreement.”
What that means, legally, is that the sitting board will be released from future litigation stemming from “actions that created a hostile work environment, maligned a person's character through both the written word and the spoken word, i.e. slander or libel - all those things that were done in the past that were part of the lawsuit.”
Bowen said the release signed by Houlné and her husband, Stephen Geller, will cover events that took place prior to the signing of the settlement.
However, he said, that release “does not extend to people who did not get re-elected or are no longer members of the board - their actions are not covered by that release.”
Bowen also noted that if anyone who is not on the board is getting “information that was confidential, that was in executive session, both of those individuals [the board member and the non-member] can be involved in further investigation.”
Bowen explained that Geller signed the terms sheet in addition to Houlné at the insurance company's request to eliminate all potential future claims.
He noted that “in a correction of that misdirection” on the part of the Board of Trustees in dismissing his client, “it took both the judicial and political processes together to work in tandem to work out a solution that meets the people's needs, the library board['s needs,] and the community's needs.”
The agreement specifically spells out a positive attitude going forward.
All parties agreed that Houlné and the trustees “will work together in good faith, be honest, provide clear communication to each other, and promote the best interests of the Library and the community.”
VLCT attorney Constance Pell and Town Attorney Stephen Ankuda represented the town and the library's board.
Gould, Massucco, and Brissette represented the trustees at the table.
Bowen said during mediation, it was “satisfying working with people who all had the same goal in mind and that is to find a solution.”
Lessons learned
“The press had a very big role to play in being able to point out a lot of these shortcomings that affected this lawsuit, specifically the open-meeting law,” Bowen also noted. “The focus that was brought on open-meeting law was to bring sunlight to everything that was going on.”
A story in the April 17, 2013 issue of The Commons prompted the Vermont Attorney General's office to investigate Mitchell-Love for alleged violations of open-meeting laws.
Assistant Attorney General William Reynolds determined last December that while laws were violated, no intent could be established.
Bowen continued, “That is the important part of the lesson here: every political process should be done in the open with participation of the community and member of the forces that run it.”
And, he admitted, “This is an amazing result - a very special result, if not an extraordinary and right result.”
Houlné said, “What I've learned in the past year is how important it is to stand up for what you believe in no matter how difficult that is.”
“The board and I agreed to not rehash, and to go forward,” she added. “We all really care about the library providing best library services possible.”
She said, “I am very proud of everybody who stood up. That is democracy in action and democracy at work.”
And, she said, “it shows how resilient the human spirit is. We've gained energy from this, and going forward we'll do an even better job.”
“I'm very grateful for everyone in community who has contributed, volunteered, and been involved,” Houlné said. “I'm grateful to return and have a chance to be part of the community and library of Rockingham.”