In Settlement With Chief, Wayland Sought To Avoid Litigation: Minutes

WAYLAND, MA — The Wayland Select Board has released minutes from closed-session meetings negotiating the resignation of former police chief Sean Gibbons. The proceedings show the board and other town officials wanted to negotiate Gibbons' resignation mainly to avoid a protracted legal battle, and to avoid internal strife in the department.

Gibbons signed a resignation agreement after he was accused of sexual harassment by two police department employees. Under the agreement, Gibbons was allowed to remain on paid administrative leave through Tuesday, and will receive nearly $400,000 in payouts from the town over the next two years. That includes more than $36,000 for vacation time, plus two $179,000 payments that will be made in January 2023 and January 2024.

The investigation into Gibbons' behavior at work that turned up several troubling items, including two sexual encounters with subordinates — one in 2003 and another in 2010 — and driving drunk at least twice, according to the report.

In a statement through his attorney, Gibbons has maintained that the allegations were retaliation for Gibbons passing over Wayland officers for promotions.

The relatively large payout — Gibbons' salary was bout $137,000 per year — led to questions about why he was not simply terminated or disciplined, saving the town from paying him to leave. Gibbons was hired in December 2021 with a four-year contract ending in June 2025.

The contract included a clause giving the select board the power to fire the chief after a misconduct hearing. After such a vote, Gibbons would've had appeal options, including arbitration and a hearing in either district or superior court. If a court judge were to overturn the select board's decision, the chief would be able to return to his job, receive back compensation and be reimbursed for his legal fees, per the contract.

A combination of the risk of a lawsuit and the possibility Gibbons would return to work were all factors in the board's settlement, the executive session minutes show. Here's a breakdown of what the board discussed over the last several months in closed session:

Sept. 28

The first executive session meeting came after Gibbons was placed on leave in April following an accusation of sexual harassment. In the intervening months, a law firm interviewed Gibbons, the victims and other town officials and produced a 31-page report released publicly on Dec. 5.

During the meeting, the board, Gibbons, former interim town manager Stephen Crane and several attorneys discussed the investigation and what the town should do. Members of the select board also began to talk about how the report could hurt the department should Gibbons be allowed to return to work.

"[Member Dave Watkins] noted concern regarding the operations of the department and for encouraging hiring and diversity, equity and inclusion moving forward given the poor decisions made by the chief," the minutes say.

The group also discussed the timing of the complaint made against Gibbons, but also that Gibbons in February had "yelled at" one of the women who would go on to make a sexual harassment claim.

"Gibbons noted the report saying he yelled at people, and he acknowledged that he did yell at employees. He stated that he takes his job seriously and that he does yell at someone if they are not doing their job," the minutes say.

Ultimately, the board took two unanimous votes on Sept. 28: one to schedule a disciplinary hearing for Gibbons, and a second to enter into settlement negotiations.

Oct. 17

By mid-October, Gibbons and his attorney had proposed an initial settlement: five days suspension without pay, forfeiting 20 days of vacation time and participation in trainings.

As a counter, the board discussed options like a 25-day suspension and Gibbons forfeiting almost all of his sick and vacation time. Member Tom Fay noted that a payout could cost "four to five hundred thousand," and Crane said it might be cheaper to keep Gibbons on paid administrative leave until his contract expired. Fay also said the findings of the report may not be enough to terminate Gibbons outright, hinting at a possible legal challenge to discipline.

The group also began to discuss the ramifications of Gibbons returning to the job.

"[Crane] stated he did not believe Gibbons could be an effective chief in Wayland," the minutes say. "He observed Gibbons engaging in activities that he was advised not to take part in, specifically he attended the Massachusetts Chief’s convention while on paid administrative leave. Crane noted that if Gibbons returned, the union may file multiple grievances and some officers may leave."

After members including Chair Cherry Karlson and Adam Gutbezahl resisted the idea of allowing Gibbons to return to the job, the board voted to offer to buy out Gibbons' contract and set an Oct. 22 deadline for the offer.

Nov. 7

Although a large portion of the minutes were redacted for this meeting, several key items were discussed.

Acting Town Manager John Bugbee told the board he would not be willing to re-certify Gibbons as a police officer under the state's new Peace Officer Standards and Training (POST) Commission regulations — which would effectively end Gibbons' authorization to work as a policeman in the state.

The POST Commission last week released the names of police (only last names A to H) who were re-certified, and Gibbons was not on the list.

Gibbons and his attorney also returned a counter-offer to a contract buyout asking for $600,000 in compensation, according to the minutes. The board agreed to counter with an offer that included a retired officer card, payout of his contract, legal releases and a maximum settlement of $350,000.

Nov. 14

By mid-November, the two sides had come to an agreement that Gibbons would not return to work and that a settlement would resolve the matter. At the meeting, the board discussed a $337,500 buyout of the contract.

By this time in the process, the disciplinary hearing voted on at the Sept. 28 meeting had been put aside in favor of settlement negotiations.

Nov. 21

The group discussed releasing the Gibbons investigation to the public. The board also discussed upping the $337,500 settlement offer to account for benefits. The group arrived at the $393,000 figure that Gibbons would eventually agree to.

Nov. 25

The board makes two key votes: approving the settlement agreement with Gibbons with minor changes, and the plan to release information about the investigation publicly.

The board also met on Dec. 5, but only briefly to discuss the release of executive session minutes.

With Gibbons' last official day on Tuesday, acting Wayland Chief Ed Burman will remain in charge for the foreseeable future. The town may not begin a search for a new chief until the town manager hiring process is complete. The select board is still negotiating with the chosen candidate: Southbridge Town Manager Michael McCall.