Esto Town Council discusses Clerk performance concerns, approves improvement plan

The Esto Town Council addressed concerns regarding Town Clerk Ben Tew during its regular meeting on Tuesday, December 16, following a discussion led by Councilwoman Heather Huckaby.

Huckaby reiterated concerns she previously raised related to Tew’s dual employment as town clerk for both Esto and the Town of Noma. She alleged that Tew had used Esto town equipment and paid work hours to complete tasks related to Noma business, despite the council having reduced his Esto work hours to 20 per week due to budget constraints.

Huckaby stated that she believed some of Tew’s limited Esto hours were being used for work unrelated to the town. She also alleged repeated instances of insubordination and what she described as disrespectful communication toward council members.

“I’m not sure how many times we have asked for something to be done and it hasn’t been, or the way it has been addressed has been disrespectful,” Huckaby said during the meeting, adding that she had printed materials she believed showed work completed for Noma using Esto resources.

Huckaby listed several items she alleged were created during Esto work hours or on Esto equipment, including Noma ordinances, Community Development Block Grant (CDBG) materials, utility policies, website content, emergency services pages, and logo designs for a Noma event. She further raised concerns that copyrighted content from Esto’s website may have been used in the creation of Noma materials, potentially raising ethical or legal issues.

Council Member Joshua Davenport questioned whether the materials cited by Huckaby came from browser history on the town computer or from a ChatGPT activity log. Tew responded that he believed the situation stemmed from a misunderstanding. He stated that he maintained a single ChatGPT account associated with his Esto email address, which he accessed both at work and at home, as well as while performing duties for Noma.

Tew said the content referenced by Huckaby reflected a running ChatGPT conversation history rather than proof of where or when specific work was performed. Huckaby disputed that explanation, stating she had also reviewed browser history on the town computer, which she said contradicted Tew’s account.

Huckaby also referenced a previous instruction given to Tew that he should leave for the day once his Esto work was complete. She emphasized that the reduction in hours was a cost-saving measure and stated that using Esto-paid time for work related to another municipality undermined trust.

Davenport suggested that part of the confusion stemmed from the use of a personal account and device at the town clerk’s workstation. He proposed that the town purchase a dedicated ChatGPT subscription for official use to avoid future misunderstandings.

Tew expressed concern about how the issue had been handled, stating he was uncomfortable with the process and that it appeared to have been developed by a single council member without an opportunity for him to respond in advance. He also objected to a proposed Performance Improvement Plan (PIP), saying it felt punitive rather than corrective and exceeded what could reasonably be expected given the town’s size and his reduced hours.

Tew asked the council to slow the process and consider guidance from the town attorney to ensure proper procedure before any disciplinary action was taken. He also stated that certain requirements initially included in the PIP—such as daily activity reporting and cross-training another department head—would not be feasible within a 20-hour workweek.

Huckaby recommended a three-day suspension without pay. The council did not take action on that recommendation during the meeting.

After further discussion, the council agreed to modify the proposed PIP. Requirements were adjusted to include a weekly activity summary instead of daily reporting, and Tew’s hours were increased by one hour per week to assist with additional responsibilities. The PIP also included cross-training in utility meter reading and completion of a required safety course to assist with limited public works support when needed. Council members Davenport and Chairman Wells stated that the cross-training would help ensure coverage during employee absences.

During public comment, an audience member asked why Huckaby had reviewed the town computer. Huckaby responded that she became concerned after financial explanations provided following a previous meeting appeared to be generated by ChatGPT and involved uploading town financial information into the platform.

Chairman Wells suggested the revised PIP be implemented for a 90-day period to evaluate progress. The council unanimously approved the 90-day Performance Improvement Plan and authorized the purchase of a dedicated ChatGPT account for official town use by the clerk.