Selectman Christopher Donato said this week he feels Town Manager Richard MacDonald violated the Town Manager Act and Police Chief Mark DeLuca’s contract by not performing an evaluation of DeLuca over the past three years.

However, Donato has been refusing to submit his own evaluation of MacDonald.

“My evaluation has been ready since July 31,” he said last week during the selectmen’s meeting. “I want to sit down to discuss it man to man in executive session. I’ve been told to turn over my evaluation and I refuse to do it. I feel the proper way to do it is to sit down face to face.”

Donato said Tuesday he submitted his evaluation to the Board of Selectmen Chairwoman Betsy Sullivan last Friday, and is waiting to hear if the rest of the selectmen will take his suggestion and discuss the issue together before finalizing the document.

Donato said the town manager evaluations were due at the end of July, and while he finished his assessment on time, he refused to give it to Sullivan because he wanted to discuss the topic in a closed-door session with the other board members before all opinions were combined into the final evaluation.

“The Board of Selectmen was supposed to conduct the evaluation process July 31,” said Donato. “It never occurred. Betsy Sullivan requested my evaluation so all the evaluations could be combined into one. I asked for a copy of the last evaluation and one wasn’t done. I wanted to discuss it in executive session but I was kind of shut out.”

Donato said that failing to inform the town manager of his performance evaluation is in essence rubber-stamping how he manages the town.

He said the town manager’s evaluation is not available to the public, but that he would like to make public his evaluation of MacDonald.

Last week, MacDonald said publicly he had been advised by the town’s labor attorney not to do an evaluation on DeLuca while the chief was involved in forming a new union in town. Donato said he asked the town’s labor attorney to verify MacDonald’s statement but the lawyer claimed attorney/client privilege.