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3 <br />Mashpee Select Board <br />Minutes <br />March 13, 2023 <br />APPOINTMENTS & HEARINGS <br />Public Hearing: Discussion andw_Vote Relative to the Removal of Mohamad Fand from the Mashpee <br />Communi .Garden Advisor Committee (I-lursuantwto Mashpee Charter, Section 7 9)r (continued) <br />The Select Board at its November 21, 2023 meeting were notified the respective parties were in agreement to <br />review the dispute to develop a conflict remediation. Action was thus taken to table this matter. <br />An attempt by the respective parties was made to mediate the differences however, no reconciliation could be <br />reached. <br />On February 23, 2023 Mr. Fand received notice pursuant to Section 7-9; Removals and Suspension, the <br />Mashpee Select Board may contemplate removing Mr. Fand from his appointed position on the Mashpee <br />Community Garden Advisory Committee. Mr. Fand agreed to a Public Hearing. <br />Town Manager Rodney C. Collins acting as facilitator indicated based on evidence, the pending removal <br />may be necessary to protect the interests of the Town of Mashpee. In accordance with Section 7-9, the Select <br />Board for good cause may remove or suspend. To remain fair and impartial in their determination, the Select <br />Board members were requested to listen carefully to the statements. Between (1) and (10) days after the <br />Public Hearing adjournment, the appointing authority shall take final action. <br />The following exhibits were presented; <br />Exhibit No. 1: Letter of February 23, 2023 from Town Manager Collins to Mohamad Fand. <br />Exhibit No. 2: Public Hearing Notice under the provisions of the Home Rule Charter, Section 7-9. <br />Exhibit No. 3: Policy No. 078 — Mashpee Community Garden Advisory Committee adopted 5/21/2018. <br />Exhibit No. 4: Policy No.008 — Control of Town Property adopted 9/18/1989. <br />Exhibit No. 5: Mashpee Community Garden Rules & Responsibilities amended/approved 9/28/2019. <br />Exhibit No. 6: Letter of August 8, 2022 from Virgina Scharfenberg, MCGAC President to Mohamad Fand, <br />Unresolved Items and MCGAC Board of Directors Decisions. <br />Exhibit No. 7: Letter of August 18, 2022 from Virgina Scharfenberg, MCGAC President to Select Board, <br />Request for Dismissal of MCGAC Board Member Mohamad Fand. <br />Exhibit No. 8: Letter of September 13, 2022 from Virginia Scharfenberg to Town Manager, <br />Request for Select Board Dismissal of MCGAC Board Member Mohamad Fand. <br />Exhibit No. 9: Photograph of outside garden dated 11/15/2022. <br />Exhibit No. 10: MCGAC Agenda 7/20/2022 (Minutes not attached). <br />Exhibit No. 11: MCGAC Minutes 8/17/2022. <br />Exhibit No. 12: MCGAC Minutes 9/21/2022. <br />Exhibit No. 13: Email of February 24, 2023 from Virgina Scharfenberg to Town Manager, <br />Fand proposed version of Rules & Regulations for MCGAC. <br />Attachments; February 23, 2023 Email from Town Manager to Virginia Scharfenberg, <br />January 27, 2023 Email from Mohamad Fand to Town Manager, <br />Mashpee Community Garden Rules & Responsibilities approved 112812019 with proposed <br />2023 amendments, 3 pages. <br />