Selectman James Barry held a press conference today at Lawrence Memorial Hall two days after recall papers were submitted for him at the Town Clerk’s office by town residents David Barszcz and David Clegg. They said that they had “just under” 1,000 signatures.
Barry broke his silence regarding his reasons for voting not to extend Belchertown Police Chief Francis Fox‘s contract, his future plans, and more.
Video of Selectman Barry's Press Conference.
Barry made an opening statement before accepting questions from the press. He thanked those who expressed their support for him and then reiterated what he said on February 8 regarding his reasons why he was not in favor of extending Chief Fox’s contract.
“First thing I want to say is that there is no smoking gun. The people of Belchertown can rest assured that there are not some terrible things going on down at the police station and there is this big cover-up,” said Barry. He explained that voting to renew or not renew a contract is a judgmental decision that doesn’t require “cause” as would be required when firing a contracted employee such as the Chief of Police.
“Over the past 10 years, I’ve got to know the chief…I’ve had a chance to interact with the chief, observe the chief in ways that most of you have not. That’s good news and bad news. There’s probably some things about the chief that are wonderful that you don’t know. Based on the totality of my experience with the chief…I have come to the conclusion that it is better not to renew the contract. The town should run like a business. We selectmen serve on the executive board of a business. It is our job to seek out the absolute best people we can for all positions. And based on my knowledge of the man, based on my ability to say yes or no to a potential new contract, I have decided that it is best to say no,” said Barry.
The two term selectmen also said that this is not the first time that he has brought up his concerns regarding Chief Fox. “I’ve always said…that the size of the town, the size of the department, my knowledge of the job…leads me to the conclusion that we will be well off with a new man. It’s not a decision that I come to lightly,” he said.
Barry also explained why he hasn’t stated the reasons he feels Belchertown should have a different police chief. First, he said that many of the things that he has learned have been learned in executive session. “Legally, things we have learned in executive session…we can not divulge them until the minutes of that meeting have been made public,” said Barry.
He also explained that he has learned things outside of executive session that he will not state because he doesn’t believe they are “ethically right.” Barry said that in his position as a public official he gets a lot of phone calls and hears a lot of things from a lot of people. “Some of it you can take with a large grain of salt and some of it you take very seriously—sometimes based on the source,” he said.
Barry’s own experiences with the chief contributed to his decision as well. He wouldn’t explain what those experiences were, but did explain why he wouldn’t share them. “It is highly likely that the chief will get a new contract. For me to tell you the things I have concerns about that add up to my decision for me not to renew the contract…would be a negative on the chief, it would be a negative on the department, (and) it would add to the discord in the community. The only good that would come of it…would be I would feel a little bit better about getting it off my chest,” he said. Barry added that none of the things he has learned about the chief are not instances that would provide cause for Fox being fired.
Selectman Barry also said that Chief Fox’s job performance has improved during his tenure on the board. Although Barry stated that he has brought up not renewing the chief’s contract in the past, it was harder for him to arrive at that conclusion this time around. “Clearly, he has improved in many ways,” said Barry.
He also said that he doesn’t believe that Chief Fox should be fired. “I don’t think he should be fired for cause,” he said. But he also explained that he felt that the town should have not have hired from within when Fox was promoted to chief in 2003. “It’s a difference of opinion on how to manage your personnel,” said Barry.
When asked if he had concerns with Fox staying on as chief, Barry replied that he did not.
Further, after reiterating his point that the town is growing and the town would benefit from a new chief, he also said that he also thinks Chief Fox can handle the challenges of a rapidly growing community.
Barry also said that his position regarding Fox is not a personal issue. “I like the guy (Fox), I think he’s done a pretty good job,” he said.
On multiple occasions, Belchertown’s Top cop has stated that he does not know why the majority of the board initially voted not to renew his contract. When Barry was asked if these statements were true, he said that the answer was yes and no.
“It’s absolutely true that the chief and I have not sat down and I told him exactly what is going on,” he said. However, he explained that the selectman liaison to the police department, Board of Selectmen Chairman Ronald Aponte, has expressed Barry's concerns to the chief. “So in my opinion, some of my concerns were directed to the liaison who told me he directed them to the Chief of Police. Barry also explained that he would agree with statements made by Fox regarding his not knowing of any ‘smoking gun’ that would get him fired, but he also said that Fox is aware of Barry’s concerns.”
Barry also took questions regarding the recall. When asked if he would resign, Barry said, “Hell no…I have no intention of being bullied out of the position that the majority of the voters put me in,” he said. Barry said that his understanding of the recall ballot is that the ballot would ask if he should be recalled and who should replace him. “My intention is to be on the ballot under the recall position and my intention is to take out papers to run for re-election. My understanding is: I can lose the recall and if I won the re-election, I am still the selectmen the day after because the recall is for my current term, which ends the day after the election,” said Barry.
Although Barry said that he will run for a third term, he also said that he will not run for a fourth term saying, “People should not be in office forever.” He also said that the fact that there are two new members on the board, Selectmen Bill Barnett and Archie Archible, who were voted onto the board in 2010, in addition to a newer member, Selectmen Kenneth Elstein, who was voted onto the board in 2009, helped tilt the scale towards his running for a third term. “Because when you first come on, there is a lot of stuff you have no clue about,” said Barry adding by the time his 3rd term end, there would be more experienced members serving on the Board of Selectmen.
Barry also submitted that he was “on the fence” about running again because of the reasons stated above, but the recall tilted the scale further in favor of running again. “I was on the fence about running for a third term anyway and when this came up (the recall) I said, ‘there is no way I am walking away,’” he said.
Barry also questioned the wisdom of the recall.
“If they have such a huge problem with me, pick a candidate and defeat me in the re-election…save the town the expense because this is costing us money,” said Barry explaining that the Town Clerk spent a lot of time on the phone with the town’s attorneys to make sure the recall is handled properly. Barry also said that the recall has caused extraordinary divisiveness in the town.
Barry also questioned the motivations of those behind the recall.
“Since they can easily get rid of me on May 16th by putting up a strong candidate and they can’t get rid of me through the recall petition, you have to wonder: ‘What else are they thinking about?’…Are they trying to bully the other two selectmen who aren’t up for re-election?” Barry said the he wonders if the reason the recall petition papers still out for Selectmen Archible and Elstein are to strong-arm them into agreeing to a contract that Chief Fox wants.
“Considering that there was a simple way to remove me…in the exact same time frame (as a recall)…why would you go through a recall?” said Barry. He also wondered if their was a hidden agenda among those behind the recall who want him ousted in May and are using this issue to "fan the flame."
Last Thursday, February 10, Paul Anziano, who also sits on the School Committee, pulled recall petition papers for Selectmen George “Archie” Archible, Kenneth Elstein, and James Barry after the board members voted against negotiating the Belchertown Police Chief Francis Fox’s contract despite a packed town hall auditorium pleading for selectmen to reconsider and demanding answers as to the reasons why they voted the way they did.
According to the bylaw that addresses the recall, An Act Providing for Recall Elections in the Town of Belchertown, once a minimum of 500 signatures are certified and the Town Clerk’s office notifies the Board of Selectmen, Barry would have 5 days to resign. However, if he opts not to resign, an election would be held for removal no less than 65 day nor more than 90 days from the day of the board’s notification.
The meeting that prompted the recall took place on Tuesday, February 8. On February 14, the Board of Selectmen had only two items on their agenda—to vote to reconsider Chief Fox’s contract and to enter into executive session. Barry voted “nay” for both motions. A contract offer was extended to Chief Fox later that evening.
Two days later, Barszcz and Clegg submitted the recall papers for Barry alone and said that they are still discussing whether or not they will continue the recall process for Archible and Elstein.
As of Friday, February 18, the Town Clerk’s office said that they had approximately 370 of the signatures certified for Barry’s recall so far.
Selectman Bill Barnett, who voted in favor of entering into negotiations with Chief Fox, is also the Town Clerk.
Barry said that he is confident that he will win his bid for re-election.
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