'On trial ... for his career and reputation': Falmouth select board may fire town manager

FALMOUTH — Tensions and problems between the Select Board and Falmouth's town manager came into the public light recently during a hearing that's part of the town's termination process.

Town Manager Julian Suso's attorney said the board was retaliating against Suso for not hiring a former board member who applied to be town counsel.

Attorney John Clifford said Suso's employment agreement with the Select Board was renewed in November 2021. But the board's opinion of Suso abruptly changed months later when Suso declined to hire former board member Megan English Braga as town counsel.

At the hearing, Select Board Chair Nancy Taylor read aloud the reasons board members voted to initiate Suso’s termination.

Grounds for termination, from Select Board perspective

Grounds for termination included the public's lack of trust in Suso; town employees resigning without explanation; lack of leadership on town initiatives; complaints about Suso from community members; Suso’s response to his April performance evaluation summary, and his treatment of female employees.

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Clifford responded to the allegations by citing Suso’s financial prowess, saying that the town had attained an AAA bond rating. He also provided his own explanation of the chain of events that led the board to initiate termination.

The Select Board wanted to make a change in management, which is normal, but instead of quietly negotiating a settlement, the board chair threatened to fire Suso, saying that she had communicated with other board members who agreed with her, Clifford said.

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Either Taylor was bluffing, or she had violated state open meeting laws, Clifford said.

Suso's career is threatened, his attorney said

Clifford also said if Suso was defensive in meetings it was because his career was being threatened.

“A termination hearing in this context is akin to the death penalty, Mr. Suso is on trial here for his career and reputation,” Clifford said.

Suso, who was previously the town manager of Framingham for nearly six years, was hired by Falmouth in late 2011. His annual salary is more than $197,000.

The Select Board was scheduled to decide whether to terminate Suso during a public hearing on Monday, June 27 at 6 p.m. Suso would be paid four months' salary if terminated.

The board initiated his termination on May 12, after Suso responded to a negative April performance evaluation. Former Select Board Chair Doug Brown said at the time the relationship between Suso and the board was broken beyond repair.

Clifford said he had subpoenaed Special Town Counsel Robert Troy for any documents that would be used as evidence in the hearing to support the Select Board’s reasoning to terminate Suso. However, Troy argued the scope of the hearing did not mandate the Select Board use evidence to support its reasoning, and the board was only required to provide its reasons.

Troy also said Clifford was sent more than 100 pages of town records in response to his records requests.

Select Board should have provided evidence, Suso lawyer said

Clifford said the fact that the board doesn’t need to provide evidence as part of the hearing reinforces his belief that the hearing is “a sham.”

The resolution approved to initiate Suso’s termination indicated that he had failed to implement the goals and policies of the Select Board as defined by the town charter.

Already voted once: Falmouth select board votes to oust town manager Julian Suso

Clifford countered that all the goals the board and Suso had agreed upon as part of their employment contract had been met, and all the policies that the board had posted to the town website had been complied with.

The goals are wind turbine disposition, on-line permitting, securing a project manager (and other positions) for the Sandwich Road fire station, and developing a performance evaluation system for major department heads. All the goals have been met, Suso said.

Goals and policies are always developing, says special town counsel

However, Troy, the town's special counsel, argued the scope of objectives and policies are much broader than just the goals on the employment contract and the town website. The goals and policies were always developing, he said.

Troy also attempted to get Suso to answer a hypothetical question regarding the scope of the Select Board’s goals and objectives. Suso, however, did not budge.

This article originally appeared on Cape Cod Times: Falmouth town manager termination hearing held by Select Board