Another
reason why I signed the Light and Water Petition
By Julie Farrell
(f) Appearance of conflict. Acting in a manner that would make a
reasonable person think you can be improperly influenced is prohibited. (See
Section 23(b)(3))
A municipal employee may not act in a manner that would cause a
reasonable person to think that she would show favor toward someone or that she
can be improperly influenced. Section 23(b)(3) requires a municipal employee to
consider whether her relationships and affiliations could prevent her from
acting fairly and objectively when she performs her duties for a city or town.
If she cannot be fair and objective because of a relationship or affiliation,
she should not perform her duties. However, a municipal employee, whether
elected or appointed, can avoid violating this provision by making a public
disclosure of the facts. An appointed employee must make the disclosure in
writing to his appointing official.
As an elected official, I am considered a municipal employee and
must comply with the ethics law. I am required to take the Ethics test and file
a copy of it with the Town Clerk. I am required to file a Notice of Disclosure
with the Town Clerk if I have a conflict or any situation that may appear to be
a conflict of interest. All elected officials are required to follow these
rules. For example, if I were Chairman of the BOS and I signed the invoice for
payment of a piece of property that abuts property that I own, I might be
investigated by the Ethics Commission. I would run the risk of being fined
between $10,000 and $25,000 for acting in a manner that would improve my
property’s value by using town resources.
I
would like to clarify a comment that was made on a prior blog posting that
stated, “the abuse I took as a commissioner.” It was not abuse. It was merely
an utter lack of support on the part of the other commissioners with which I
served. I believe this lack of support
stems from an insufficient understanding of the Open Meeting Law (OML) as well
as the Conflict of Interest (Ethics) laws. As a TMLWP Commissioner, you are an
elected official and must comply with Ethics as well as OML. Chapter 164 does
not include an exemption from these laws.
When
I was first elected to public office (School Committee), I filed a number of
Notices of Disclosure with the Town Clerk. When I was elected to serve as a
Light and Water commissioner in 2009, I filed this
Notice of Disclosure with the Town Clerk. Once the Notice of Disclosure is
on file, it is a public record for the entire world to see.
At
the April 2011 TMLWP meeting, the manager, John Driscoll began a discussion of
how he had made and received an opinion because he thought one commissioner
might have a conflict of interest. The commissioner in question has a daughter
who works for National Grid. I started to think this “conflict of interest”
might be about me; I was the only commissioner who had a kid who worked for
National Grid. Not only did the manager go behind all of the commissioners’
backs to request and receive this opinion, John Driscoll stated he did not have
to release the opinion. The other commissioners were okay with the manager
going behind our backs to request an opinion that had the potential to get me
fined by Ethics to the tune of $10,000. I was not okay with this. I needed that
opinion so that I could file a Notice of Disclosure with the Town Clerk in
order to protect my daughter and myself.
After
the elections in May 2011, where I ran successfully for BOS, I received this note
from Leonard Kopelman. There was a lot going on at the time with the recount
and Jeff Bennett’s eventual victory as selectman. I knew that the TMLWP
manager’s request for the “opinion” was rendered by Kopelman & Paige. I
decided to put Leonard Kopleman’s note to use and request the opinion that was
withheld by John Driscoll.
This
email thread documents the correspondence between Leonard Kopelman and
myself. I did receive the opinion that
was rendered by attorney Brian Riley from K&P. Once I received that
opinion, I filed it as a Notice of Disclosure with the Town Clerk, as I am
required to do under Ethics law in order to avoid an appearance of conflict and
a very large fine. Once it was on file with the Town Clerk, it becomes a public
record.
At
the 2011 TMLWP June meeting, I gave each commissioner a copy of the opinion
that had been withheld from us, as well as an
opinion that I had from my own personal attorney, Scott Graves. I have had
numerous ethics complaints filed against me. I will not speak to ethics unless
my attorney is present. I gave each commissioner a copy of the opinion, just in
case they ever ran into a situation where the manager obtained an opinion about
them behind their backs. I informed the commissioners and the manager that the
opinion from K&P regarding my conflict of interest was on file with the
Town Clerk.
At
the TMLWP March 2012 meeting this
blog entry was discussed in Executive session. The discussion concerned the
”highly confidential” informal opinion regarding the possible Conflict of
Interest and a certain commissioner. I received no prior notice (48 hours) that
this topic was going to be discussed. I had to leave that meeting (TMLWP) to
attend a school committee meeting. When I came back, I can only assume the
executive session was called because I walked into a discussion about my blog
posting. I filed an OML complaint; AG’s office decided not
to investigate.
I
would like to clarify a few things that have been misstated on the blog. John
Driscoll had nothing to do Chapter 93 Acts of 2000, where the Light Department
took over the Water department. ( See Timeline
Chapter 93 Acts of 2000) John Driscoll was hired after 2000.
Sean
Hamilton assumed the position of manager after Jerry Skelton retired. Sean
Hamilton was a Light and Water Commissioner at that time. To my knowledge, Sean
Hamilton has never worked for Littleton Electric Light & Water Department.
As
I stated at the March 2012 TMLWP meeting, if the manager had expressed his
concerns about the potential conflict of interest openly, I could have
requested an opinion from ethics (at no charge) about the issue. I would have
shared that opinion with the commissioners and the manager; as well as the town
clerk. It would have had a very different outcome.
I
signed the Light and Water Citizen Petition, because the commissioners and the
manager of TMLWP are unwilling or unable to comply with the laws that every
board, committee and commission are required to comply with.
My
opinions…supported by FACTS! ! !
Julie
Farrell
Julie, Reading this blog has given me a headache, but it is ok. This only means I have tried to shut out how really awful things were then, and how badly a lot of people were treated, by these people, who should have been working in the best interest of our town. Needless to say, the energy they used, and the money they spent,[all of it ours] to stop good people from doing their jobs, elected and appointed, had no end. What is the worse part, as it would seem, that they would use the Town's legal council, to forward their own agendas, at least that is what it looks like to me. I wrote a blog last week, and I think I said that you had suffered a lot of abuse as a member of the Light and Water Commissioners. I will stand by my statement, because this behavior is not something they would extend to one of the "good old boys". I am not sure if it is because you are a women, or because they did not like the questions you would ask, because you are a very smart women. All I know is, this has always been very personnel, and it should not have been. I give you a lot of credit for continuing to serve the town. We are very lucky to have you as a selectman. Our town needs all of the good people that it can get, to help it recover emotionally and financially from the past ten years of abuse. Our town needs to make sure all of its departments are running as efficiently as they can, and with the help of our Town Coordinator, and Advisory Board things will surely fall into place. This is my opinion, Bev.
ReplyDeleteAnd speaking of Commissioners not doing what is in the best interest of the Taxpayers, two of the Sewer Commissioners denied the use of their loader for plowing roads during the blizzard. Who paid for the loader? The ratepayers/taxpayer yet these two Commissioners would not allow it to be used for plowing??? Said they could use it but not for plowing?? Are you kidding me?? With massive snow fall predicted ahead of time every available piece of equipment owned by the taxpayers/ratepayers should be on the road cleaning the Town! If the Town had a DPW that loader would have been used.
ReplyDeleteI saw a sewer truck out plowing yesterday. Is it the same truck in question?
DeleteOn the surface, that sounds wrong. But if you think about it, would you lend equipment to a department that has a bad track record of maintaining equipment.
DeleteI don't blame the sewer commissioners one bit.
You need to get your facts straight. Bud requested permission to weld up the bucket and attach a plow to plow the roads. He was denied that but as in prior years he was permitted to use the loader with a sewer dept driver to move snow. I do not know if he actually used it during the storm. Please to not spread rumors if you do not have all the facts. Thank you.
DeleteYup 9:48 bad maintenance thats why they still have 30 year old equipment still on the road. Who is doing that bad maintenance? Great job keeping those roads open highway guys, even with your junky equipment
DeleteLets here the names of the commissioners and let the public hold them accountable 1 i would think to be mark m. @nd dennis?
ReplyDeleteplease enlighten us A 9:16
I won't Hide as anonymous like you do. I am a member of the sewer commission. As in previous storms, the sewer dept has helped the Highway dept. You people that hide as Anon do not have the facts (as usual). Bud was not denied permission to use Sewer dept equipment. What was denied was modifying the loader by welding brackets and attaching a snow plow, a use that it is not designed for. I do not think that is unreasonable. If you do, then why don't you attend a meeting and explain your reasons. The sewer department does not stonewall and welcomes participation by members of the community. Please do not spread rumors when you do not know the facts.
DeleteThanks for setting the record straight on what was actually decided. Sounds to me like you had good reason for your decision. Your responsibility is to make certain that the loader is functional for sewer dept. work.
DeleteStopping a half-baked idea is not anywhere close to being uncooperative. I hope the people who are clamoring for a DPW take note that with the wrong leadership all town equipment could become "junk".
Hi Tom and Anon.,
DeleteThe sewer department equipment is paid by the ratepayers. The debt is paid by both the ratepayers and the taxpayers.
To my knowledge, the sewer department has always cooperated with plowing operations. Other operations as well.
If we had a DPW, we could share the cost of expensive equipment by many departments. We do not, so in order to use other department's equipment, permission needs to be granted from the proper authorities in this case the sewer commissioners.
I want to thank all involved in clearing the roads and keeping Templeton safe.
Julie
It"s no wonder to me the commission never gets anything completed, their to involved in getting the good commissioner in trouble. All the questions in my opinion we ask at meetings about the klight are deliberatly obtuse, and both openended and missleading on porpose to skirt the truth. Frustrating at best but when i read the info in this blog it opens my eyes and strengthens my resolve to push harder and for the people of Templeton i say "THE COMMISSIONERS NEED TO GO" The strangle hold has been broken and now the forces have little power to hold us off. The time for change is now! With the support and the blitz of blogs info sheets at STM and the will of the voters/shareholders will prevail!
ReplyDeleteShareholder
Dave Smart
Dave, I will assume that you are not talking about the sewer commission who are taking a beating in this blog for rumors about interdepartmental cooperation that are false.(see my previous replies) When last you attended the sewer department meeting, it seemed you went away satisfied. If that is not the case then you need to address your concerns with the commissioners. Last I knew the sewer department had drivers and equipment available to help highway move snow.
DeleteTJ As i've stated in previous blogs the sewer super and the meetings are like night and day and not like the light and water. Templeton as i stated in my opinion is in good hands there and was not about any of the comments i just made. The only one was who was against the towns use of the loader for plowing and wonder if that is possible to be changed at any time,I should have stated THE LIGHT AND WATER COMMISSION NEEDS TO GO. My bad. I thought the loader had a disconnect type bucket but i could be wrong, Yes i know we share alot and will continue to do so in the future. Templeton is well served in most departments, only a few are not up to the transperency Templeton should have.
ReplyDeleteBut believe me their learning arn't they! My opinion!
Shareholder
Dave Smart
I really hope they start to listen. Many a time I felt as if I were speaking Chinese.
ReplyDelete你了解中國嗎？
ReplyDeleteCould you interpret for me please.I hope it's clean!
ReplyDeleteDave
I don't understand much these days.
ReplyDelete我不明白的这些天
Excellent ! A+ for you
DeleteI think you know much Julie and Tom I bet you know about china!
DeleteWoohoo! Day off! How much mischief can I get into today?
ReplyDeleteWhat about the L&W equipment why don't they share and loan thier equipment
ReplyDeleteBe careful 9:25. How do you know they don't? btw, I am not a fan of L&W either.
DeleteI'm a bit tired of anonymous people making accusations when they do not know all the facts.
If you know the actual facts, then why don't you have the nerve to speak out with your name?
I think that person who was trying to point fingers at the Sewer Commissioners was only trying to take the discussion away from the L&W commissioners. I don't know anyone who thinks the sewer dept is doing anything but an excellent job especially with the obstacles they've had to overcome. They are very willing to talk to any customer and share any information that is requested. Can't say the same for the L&W commissioners & dept. That's the main point: there is not transparency at the L&W dept and the attitude toward customers is poor. If they would change their tune, open their books and be more forthcoming with information and make more of an effort to support the community that they're owned by, then there would be no discussion and hardly any customers attending their meetings. Its a simple solution to execute. And the people who are demanding transparency and better customer relations are not asking for anything ridiculous. Its all pretty straightforward and things that we shouldn't have to fight for.
ReplyDeleteBy the way, a big shout out to ALL depts in Templeton for keeping us safe and the roads clear during the storm. We may be a dysfunctional family, but when it comes down to storm management, Templeton does an amazing job. With all the finger pointing that goes around on a daily basis, how about stopping every once in awhile to acknowledge the positive actions of our town operations. Thank you to all for a job well done.