Oak Bluffs officials were surprised to learn this week that town
administrator Michael Dutton approved a pay raise and job
reclassification for building inspector Jerry Wiener in October without
the approval or knowledge of the selectmen.

During several public meetings over the past two months, Mr. Dutton
has told selectmen the change in Mr. Wiener's job description
- which likely would require his title to be changed to town
building commissioner - was still in the planning stages and open
to discussion.

But the Gazette learned this week that the change was not a work in
progress, but in fact a fait accompli. Town records show that Mr. Dutton
signed the payroll change on Oct. 16 authorizing an increase in Mr.
Wiener's salary to $67,500 a year.

As town officials reacted to news of Mr. Wiener's salary
increase, the Gazette also learned that bonuses were paid to a four town
department heads between July 2005 and June 2006 for work outside their
job description - payments authorized by the department heads
themselves.

As for Mr. Wiener, Mr. Dutton listed "the reclassification of
job description to building commissioner" as the reason for the
change. The town administrator also indicated on a payroll change form
that Mr. Wiener was not a union employee, although the building
inspector position has traditionally been a union job.

On Oct. 26, Mr. Dutton agreed to send a check to Mr. Wiener for just
over $3,100 so the raise would be retroactive to July 1.

At a selectmen's meeting Dec. 12, a month after he authorized
the payroll change, Mr. Dutton first introduced the idea of changing Mr.
Wiener's job title to the board. At the time, several selectmen
said it was the first they had heard of such a change.

The plan was discussed briefly and then tabled. Mr. Dutton said
details were still being worked out and he would return to selectmen
with a more complete plan in the future. He said the change would not
cost the town any more money.

After learning of Mr. Wiener's change in pay and job
classification, town health agent Shirley Fauteaux - also the
union steward for town department heads - filed a grievance this
week. Ms. Fauteaux claims that Mr. Dutton's actions violated the
collective bargaining agreement and state law by removing the building
inspector position from the union.

Ms. Fauteaux also filed a second grievance claiming the town
discriminated against her by refusing to grant her a promotion on
several occasions over the past two years, while Mr. Dutton granted a
salary increase to the building inspector.

"Michael Dutton, in his reply to my request, said [selectmen]
could not grant a salary increase because it would constitute
negotiations outside of the union contract . . . however, it has come to
my attention that Mr. Dutton on Oct. 16 signed a payroll change granting
Jerry Wiener an immediate increase and, furthermore, illegally remove
him from the rolls of Unit B dues," Ms. Fauteux wrote.

Mr. Dutton sent a letter to selectmen Tuesday stating he had already
put the position back into the union.

Mr. Dutton this week said he changed Mr. Wiener's pay rate to
bring his salary in line with a pay increase approved at the annual town
meeting last April. The line item for the building inspector department
salaries approved at town meeting is not broken down.

Mr. Dutton said he does not know why Mr. Wiener did not start
receiving an increase in pay at the start of the fiscal year in July 1.

He also said he could have handed the situation better.

"I'll be the first to admit that I made a mistake, but I
was trying to correct something that dated back to the previous
administration," he said.

Mr. Dutton said former town administrator Casey Sharpe had promised
Mr. Wiener the change in title and pay. Mr. Dutton said he was simply
trying to follow through with that prior agreement.

It is unclear whether Mr. Dutton has the authority to approve
payroll changes without the selectmen's consent. The chain of
command for employment matters is somewhat muddled in Oak Bluffs;
several years ago Ms. Sharpe reduced the number of personnel board
members and assumed much of that panel's duties and oversight.

As a result, the personnel board in recent years was largely reduced
to an advisory board, and went long stretches without a chairman or
regular meetings. Most personnel matters, including pay raises, have
been handled by the town administrator in recent years.

The personnel board found its legs again last year, when it elected
a new chairman and began to meet on a monthly basis. The board has
advocated a number of changes, including the reclassification of job
descriptions and the publication of the salaries of town employees in
the annual town report.

Some town officials said they were upset that Mr. Dutton failed to
inform either selectmen or members of the personnel board that he was
changing Mr. Wiener's pay rate. But most also described it as a
minor misstep and said they were pleased with Mr. Dutton's
performance so far.

"I think [Mr. Dutton] has been great for the town. He's
very open and accessible and I think he approached this with the best
intentions," selectman and board chairman Duncan Ross said.

Mr. Ross said he did not know the change was authorized back in
October. Although he said things should have been handled differently,
he supported giving Mr. Wiener a raise and more responsibility.

"The town could not ask for a more dedicated building
inspector," Mr. Ross said. "I am certain we have the best
person for the job. If we can arrange to have Mr. Wiener take on more
responsibilities so our town administrator can focus on other things,
like finding state and federal money for the town, then I would support
such a change."

Selectman Ron DiOrio agreed. "It's unfortunate that this
sort of lapse has occurred, but it's important to look forward and
not dwell in the past."

On the matter of outside bonuses for town department heads, payroll
records from town hall show the town paid highway superintendent Richard
Combra Jr. a one-time stipend of $10,000. Head librarian Danguole Budris
received a $5,000 stipend; harbor master Todd Alexander received a
$7,500 stipend, and former information technology director Raven Marino
received two stipends, one for $4,400 and another for $6,500.

All the payroll forms are authorized by the individuals who received
the stipends, who as department heads were required to sign their own
payroll sheets. The stipends were paid through funds already approved in
each department's salary line item.

The town has awarded one-time stipends in the past to employees on a
smaller scale, although the appropriations were itemized and approved at
town meeting. Town clerk Deborah deBettencourt Ratcliff said yesterday
she could not find a record that the recent spate of stipends were
authorized at town meeting.

All the department heads who received stipends have personal service
contracts with the town, multi-year employment agreements negotiated on
an individual basis that usually reward the worker with additional perks
and a higher level of pay than other municipal and union employees.

State law allows for these contracts, but guidelines suggest that
they be limited to only handful of positions such as town administrator
and the police and fire chiefs. Oak Bluffs has as many as 12 personal
service contracts, more than in any town on the Vineyard, and possibly
in the state.

Selectman Kerry Scott, who last year sent a letter to the state
Department of Revenue asking for an examination of who legally can
receive personal service contracts, said she could not recall hearing
about the stipends or signing a payroll warrant that listed the one-time
payments.

"All I can say about these [stipends] at this point is that we
have to learn more about them," Ms. Scott said. "I would be
the last person to say these employees didn't deserve that type of
compensation. But I would expect we would know more about these payments
instead of hearing about it after the fact."