My Name is Paul H Cosentino. I started this Blog in 2011 because of what I believe to be wrongdoings in town government. This Blog is to keep the citizens of Templeton informed. It is also for the citizens of Templeton to post their comments and concerns.
Paul working for you.
Sunday, May 19, 2013
Original article from 2000
Here is the original article from the March 8, 2000 Special Town Meeting regarding article 51.
So the wording in section 2 is the exact same wording that was voted at town meeting back in 2000 -
SECTION 2. The manager of the Templeton municipal lighting and water plant shall exercise and perform such of the powers, rights and duties transferred under section 1 of this act and those contained in chapter 164 of the General Laws and otherwise as may from time to time be designated. Said manager shall be specifically fitted by education, training and experience to perform the duties of his office and need not be a resident of the town during his tenure of office. Said manager shall be responsible for the efficient exercise and performance of such powers, rights and duties.
During his tenure, said manager shall hold no other elective or appointive office nor engage in any other business or occupation. Said manager shall appoint such assistants, agents and employees as the exercise and performance of his powers, rights and duties may require.
Said manager shall render to the board of selectmen, as often as they may require, a full report of all operations under his control during the period reported upon, and annually, and from time to time as required by said board of selectmen, shall make a synopsis of such reports for publication and shall keep said board of selectmen advised as to the needs of the town within the scope of his duties; and shall annually, not less than 120 days prior to the expiration of the fiscal year of said town, furnish to said board of selectmen a detailed estimate in writing of the appropriations required during the next succeeding fiscal year for the proper exercise and performance of all said rights and duties.
The permanent employees of the department of water under the jurisdiction of said board of selectmen of the town of Templeton abolished by this act shall be transferred to and become employees of the Templeton municipal lighting and water plant and every employee so transferred who immediately before such transfer was subject to section 9A of chapter 30 of the General Laws or to chapter 31 of the General Laws under a permanent appointment and who has served a probationary period shall continue to serve subject to the provisions of said section 9A of said chapter 30 or said chapter 31 as the case may be, whether or not thereafter reclassified, and shall retain all rights to holidays, sick leave and vacations in effect on the effective date of this act.
FOLLOW the LAW ! Most of section 2 is derived from Chapter 44 53F1/2 ENTERPRISE FUNDS!!!
"SAID MANAGER SHALL RENDER TO THE BOARD OF SELECTMEN, AS OFTEN AS THEY MAY REQUIRE A FULL REPORT OF ALL OPERATIONS UNDER HIS CONTROL...."
Only after the AG see this will Templeton boys club follow r=the rules . What it boils down to is our lawyers telling us how the law is written and the L+W lawyer wanting them to have it their way. the rule book was swaped in 2006 and Templeton has lost alot of money in the process! When the AG gets done the rules will be the way they will need to follow, Termination will be a option after that! Guess who!
i believe I have blogged on this in the past, MGL requires the manager to report to the BOS as required or directed by them. I recall a selectmen making a fuss and stating she will not sign the bill because of the legal opinion I requested concerning the authority of the selectmen with regards to the manager of the light dept. So it is written in one MGL and another MGL and in the acts of 2000. What part of the law does the light comm not understand? Send the question to the AG and then the issue will be settled. I would think if the Light comm is so sure of their position, they would welcome a look by the AG.
I think because there was not enough attention paid to how light and water was run, for a number of years, they adopted their own way to interpret the law. It has become the law according to their master, GS. This board does not want to have the public look at their books. This issue needs to be resolved now! The rate payers of the Water Department are going to take a real beating, much worse that the one they have had already. My opinion, Bev.
Took me time to read all the comments, but I really enjoyed the article. It proved to be Very helpful to me and I am sure to all the commenters here! It’s always nice when you can not only be informed, but also entertained! Submit Articles
So the wording in section 2 is the exact same wording that was voted at town meeting back in 2000 -
ReplyDeleteSECTION 2. The manager of the Templeton municipal lighting and water plant shall exercise and perform such of the powers, rights and duties transferred under section 1 of this act and those contained in chapter 164 of the General Laws and otherwise as may from time to time be designated. Said manager shall be specifically fitted by education, training and experience to perform the duties of his office and need not be a resident of the town during his tenure of office. Said manager shall be responsible for the efficient exercise and performance of such powers, rights and duties.
During his tenure, said manager shall hold no other elective or appointive office nor engage in any other business or occupation. Said manager shall appoint such assistants, agents and employees as the exercise and performance of his powers, rights and duties may require.
Said manager shall render to the board of selectmen, as often as they may require, a full report of all operations under his control during the period reported upon, and annually, and from time to time as required by said board of selectmen, shall make a synopsis of such reports for publication and shall keep said board of selectmen advised as to the needs of the town within the scope of his duties; and shall annually, not less than 120 days prior to the expiration of the fiscal year of said town, furnish to said board of selectmen a detailed estimate in writing of the appropriations required during the next succeeding fiscal year for the proper exercise and performance of all said rights and duties.
The permanent employees of the department of water under the jurisdiction of said board of selectmen of the town of Templeton abolished by this act shall be transferred to and become employees of the Templeton municipal lighting and water plant and every employee so transferred who immediately before such transfer was subject to section 9A of chapter 30 of the General Laws or to chapter 31 of the General Laws under a permanent appointment and who has served a probationary period shall continue to serve subject to the provisions of said section 9A of said chapter 30 or said chapter 31 as the case may be, whether or not thereafter reclassified, and shall retain all rights to holidays, sick leave and vacations in effect on the effective date of this act.
FOLLOW the LAW ! Most of section 2 is derived from Chapter 44 53F1/2 ENTERPRISE FUNDS!!!
"SAID MANAGER SHALL RENDER TO THE BOARD OF SELECTMEN, AS OFTEN AS THEY MAY REQUIRE A FULL REPORT OF ALL OPERATIONS UNDER HIS CONTROL...."
PLEASE VOTE TO RECONSIDER ARTICLE 51!
so if it is already in writing, WHY are we even required to vote on it. shouldn't it be a done deal?
ReplyDeleteOnly after the AG see this will Templeton boys club follow r=the rules . What it boils down to is our lawyers telling us how the law is written and the L+W lawyer wanting them to have it their way. the rule book was swaped in 2006 and Templeton has lost alot of money in the process!
ReplyDeleteWhen the AG gets done the rules will be the way they will need to follow, Termination will be a option after that!
Guess who!
i believe I have blogged on this in the past, MGL requires the manager to report to the BOS as required or directed by them. I recall a selectmen making a fuss and stating she will not sign the bill because of the legal opinion I requested concerning the authority of the selectmen with regards to the manager of the light dept. So it is written in one MGL and another MGL and in the acts of 2000. What part of the law does the light comm not understand? Send the question to the AG and then the issue will be settled. I would think if the Light comm is so sure of their position, they would welcome a look by the AG.
ReplyDeleteI think because there was not enough attention paid to how light and water was run, for a number of years, they adopted their own way to interpret the law. It has become the law according to their master, GS. This board does not want to have the public look at their books. This issue needs to be resolved now! The rate payers of the Water Department are going to take a real beating, much worse that the one they have had already. My opinion, Bev.
DeleteTook me time to read all the comments, but I really enjoyed the article. It proved to be Very helpful to me and I am sure to all the commenters here! It’s always nice when you can not only be informed, but also entertained! Submit Articles
ReplyDelete