All right. Good morning everyone. Uh it is Wednesday, May 28th, 2025 at 9:05 a.m. We'll call to order the board select meeting board of select meeting. Please note that this meeting is being recorded and is available um will also
be available by Zoom. Um, we will be going into executive session and then coming back out into open session. We'll be going into executive session for the following reason. Mass General Law, Chapter 3A, section 2183 to discuss
strategies with respect to collective bargaining with the Freetown Police Association because an open meeting may have a detrimental effect on the bargaining position of the public body and the chair so declares and I do. So, with that, I will entertain a motion to go into executive session.
motion. Uh I I make the motion. I will second. All those in favor? I I Les. Yes. Slew Zagar. Yes. Okay. Eric, we're going to put you in the waiting room while we're doing this.
No problem. He's going to the waiting room and let me just loud. Yeah. All right. I think we're ready back everyone. We are back from executive session back into open session. Uh so we're going to move right
on with the agenda. Uh, agenda item number two, discussion and vote whether to approve the memor memorandum of agreement MOA between the town of Freetown and the Freetown Police Association for the collective bargain agreement for 7125 through
6:3028. Uh, at this point we're just going to pass on that. Uh, pending some other stuff. We're going to move on to agenda item number three. It's discussion vote whether to approve an updated uh drugree workplace
policy. So not sure anyone has any input on this if we want to I can just give you the the uh how we got here. So uh the work the drug-free workplace policy was in uh adopted I think in 2010 or 11
and since then u marijuana has been legalized. So, um wanted to revisit this policy to see if the the board had any desire to change. Now, just because it's legal, you can still um not have
marijuana in the workplace as it's written because it's still federally illegal. Um and so, you know, all our CDL drivers, they cannot smoke marijuana. They they have they because it's a federal drug, you know, legally, it's illegal federally, they still
cannot use marijuana. So, um this is strictly a board decision. It's I've talked to town council about this. It's not something that um you you have to remove. It's it's something that you may choose to remove or not remove based on
um just your your preference. Lots of towns will vote in the the the way that the town voted for marijuana. In other words, if the town voted to have um marijuana at retail and they're in favor of it, lots of times those towns, the
boards will change and allow the marijuana and vice versa. If the town voted not to have retail marijuana, they vote against the the change in the drug policy. So, this is strictly a board decision. Um and and even though even what I told
you that was just sort of a a key factor on how the town voted. So our town voted against retail marijuana. So they kind of they're kind of speaking to you indirectly on how they feel about retail marijuana. Um if that gives you any
guidance in how you move forward with this. So mainly when you look at the drug free policy there's a paragraph that Lynn I think has highlighted for you about four paragraphs down five paragraphs down talking about what's def an illegal drug is defined and it talks about the definition and then it just
adds marijuana and marijuana. Marijuana is considered an illegal drug under our current drug-free work policy. So that's that's the preface of it all. Um just uh like I said to to revisit it see if it makes sense to
update it or not. Good. Very good. So, obviously the biggest change is that in my eyes is that it's now medical. So, more than recreational. So, right now technically someone who can
use it medically um would still be fired, right? So, they have a a medical card, medical reasons to have it, but then they can't if they get caught using it, then that's an issue, right? That's my understanding of
this. Yeah, I'm I um I'm not sure. I think that obviously if they have a medical card and have have a prescription so to speak for marijuana, we would have to handle that differently. And I honestly haven't come across that yet. So, I'd have to talk to
Joe Farah on that. I don't think we could fire them. Yeah, because that's definitely a sticking point for me, right? Where Yeah. people who need it medically have it. Um, so, and then I don't know, do we
have to have something about that after the first time they're caught, they're fired? I don't know. I mean that I guess that's the only thing that's I'm listen I'm also let me be I'm sounding like I'm all pro for it but at the same time I also don't want someone operating on you
know a heavy piece of equipment that uh is under I mean if you think back to some of our employees we've had similar issues right and we can't really discuss those but the discipline action I will handle it the same right if if if we had
an employee that tested for it then I would probably put them out on paid paid uh unpaid leave for a certain number of days um as we have done just think about the last few years what we've done so uh that might help you um again can't really talk about somebody's disciplinary action but just think about
what we've done in the past that's something I would handle progressive um progress progressive discipline like I generally do with any kind of um behavior that's off of the charts like you know I've depending on what it is. It might be reprimand, a written
reprimand. It may be uh performance plan, which we've done in the past with certain employees, or it will be unpaid leave for so many days. If if they do it again, then it usually I make it longer, you know, unpaid leave for 2 weeks or, you know, it pro it gets progressive and
then generally when I get to a point where I've done all that I think I can, I bring it back to the board and say, "Hey, this is what's going on. You you need to look at this." Um, and we've done that in the past if you look over the last few years. So, I would probably handle it the same. The last sentence of
this drug policy says, "Violation of the drug-free workplace policy can result in disciplinary action up to an including termination." So, it's not an automatic termination. It's it'll be a progressive type of a thing that I would do. Okay. So, yeah. So, I mean, I guess with
with that current policy that allows us that kind of flexibility and we've shown an appetite for that in the past. Um, so I guess that there's that kind of caveat in all of this. So, you you want
to leave it as is with the marijuana and then I will follow up on medical marijuana and maybe how we put language regarding that. I'll talk to Joe Far. Yes. Yeah. Uh yeah, that that's definitely a sticking point for me is
all medical please. Um well, well there's a there's a provision in that policy that does does say that if you're under doctor's prescriptions for the marijuana that doesn't apply. So I guess we have to clarify that. Yeah, that probably that next paragraph says,
"Legally prescribed medications are not covered under this policy and are permitted to the extent that their use does not affect the employees work ability, job performance, or the safety of others in the workplace." So, that's probably You're right, Carlos. Is that what you're talking about? Yes. So, that
probably already covers the medical piece. Yeah, correct. All right. If they have a medical card, I don't see on this Yeah. The only thing I don't see on there that maybe we have to clarify is uh do we retest if we choose to retest
after if we don't ter if we don't terminate the employee do we have the option or the ability to retest? I don't see that in there. I know we can. I think you know that's like when I do discipline actions I sort of I'm I'm fair and consistent. Um this has this
situation hasn't arose. So I I won't know, but I'm fair and consistent. So I think that's something we absolutely could do. Yeah. Um Okay. So then Yeah. So then I mean I think it's there's I think it's at this point I don't see
how we based on everything we just discussed. I almost just want to leave it the same. Yeah. We have enough teeth in there, enough bite to make sure we can one hire individuals and then if need be terminate based on the position,
everything else. Yeah, I think you're right, Jar. I think we based on the conversation, I think we're we're in agreeance there. Okay. Unless we get something back from Joe Fair, our council saying otherwise, but
yeah, seems like we have everything in place we need to make to make decisions. Okay. So, we're not going to change the drug policy at this time. Yeah. So, I can get that.
Okay. But I agree with you, Jared. Uh, and and Deb, marijuana is one of those things. It's like it's not the the scary drug that it used to be when in our grandparents day, right? But at the same time, we're still running a town and making sure that our drivers and everybody else is safe um moving
forward. Yeah. And everyone around them. So um all right. So with that, I guess I'll entertain a motion to leave um the drug free
workplace policy as is. Do I have that motion? I feel like he's frozen. Yeah, I thought it was me. All right, I will second it. All those in favor? Lost you there.
All right, so I heard I Okay, want to do roll call. You're muted, Lan. Sorry about that. Select Man Lopes. and selectman Zagger. Yes. Okay. All right. And then there's just
that one personnel board. Uh I'm skipping that because we don't have to do it. Oh, okay. Good. Mr. Dudley. Oh, good. Oh, okay. All right. Perfect. That makes it easy.
Motion to Yep. With that, I will entertain a motion to adjurnn. Motion made. I will second it. All those in favor? I can't. Wait, was that Eric or was that I think it was Eric that made the
motion. Yes, it is. Yeah. Yeah. Carlos. I'm sorry, bud. Carlos is like delayed or half frozen. [Music] Carlos, I entertained a motion to adjourn. Can you hear me?
He's He's like muted, but he's not. I think he's talking and we can't hear him. Yeah. Does it say thumbs up work for a motion? I don't know. I don't know.
I think he said, "Yeah, thumbs up." Okay. All right. Yeah. All right. So, I guess All right. So, I will second it. All those in favor. There's thumbs thumbs up again. Select my lopes.
Yes. Select Zagar. Oh, there we go. All right, I think we are good. All right, everyone. Have a great day. All right, can you hear me now? Now, now we can. Yeah. Have a good day. Bye now. All right. Good night, everybody.