Within
a prior blog posting, one of the Anonymous posted a comment inquiring about the
cost of the Special Town Meeting (STM) held on March 6, 2013. I responded to
that post that the STM had been called for other, very important reasons
(rescinding prior flawed votes at the request of DOR so the town can set the
tax rate…little details) I believe I gave the impression that the Light and
Water citizens petition didn’t cost the town anything. I was wrong!
Yes
Paul Q- I, Julie Farrell, have made a mistake. There was a cost for the Light and Water Citizen petition, which recently
came to light. So in the interest of open government, in the interest of
transparency, here is a link
to an invoice for legal expenses incurred by the TMLWP regarding the Citizen
Petition. This legal invoice was obtained through a public record request. (It
might be helpful, if you print out the invoice. It is quite lengthy).
The
law firm of Ferriter Scobbo & Rodophele PC submitted an invoice (Invoice
No. 21110 dated March 8, 2013) for an opinion – Town Board of Selectmen power
re: Light Comm. A recap of the work performed:
Nicholas
J. Scobbo, Jr. 6.00 hours @ 300.00 = 1,800
Amanda
LaPorta 4.65 hours @ 140.00= 651
Valerie
A. Moore 18.85 hours@270.00= 5,089.50
Sherry
L. Vaughn 8.35 hours @
280.00= 2,338
37.85
hours for a cost of $9,878.50!
If
you carefully review the invoice, you will notice a few entries on “Town
Charter”. One simple phone call to the town clerk or the BOS office would have
answered that stumper. Templeton doesn’t have a charter; Templeton uses Town Meeting Times to run town meetings.
(If I had only known, I would have lent them my copy) A couple of interesting
entries on page 5 toward the bottom –
“Begin
drafting memorandum on governance of Templeton”
“Complete
memorandum on governance of Templeton without a charter; incorporate legal
research on rescinding special acts”
It
might be wise for the BOS to request that memorandum -“Complete memorandum on
governance of Templeton without a charter; incorporate legal research on
rescinding special acts” from the TMLWP Commissioners. That might be a good
discussion under “New Business” for the BOS meeting on March 25th.
Another
question – when did the Light and Water Commissioners vote to proceed with this
legal research? The legal research began on February 19, 2013, the last day to
submit warrant articles and/or citizen petitions for the STM. The commissioners
met on February 6, 2013. The agenda
for the Light portion of the meeting indicates an Executive session. Many
people were in attendance at that meeting.
I
inquired about the reason to go into Executive session. I recall the reason
given was collective bargaining. The TMLWP commissioners take the Open Meeting
Law(OML) seriously. Ooops, wrong board. This link
will open up a recent determination by the Division of Open Government finding
the TMLWP commissioners violated the OML. Or you can look up OML determinations
at the OML Determination Lookup Site.
So
the question remains – when did the TMLWP Commissioners vote to proceed with
legal research regarding the Light and Water citizen petition?
My
opinions…supported by FACTS ! ! !
Julie
Farrell
Wasn't Mr. Scobo mentioned as being part of the wind co-op corporation? I thought you had to mention exactly what was to be discussed in executive session before entering to make it legal? If the L&W said it was Collective Bargaining should they not have mentioned it was going to be with their attorneys? I thought you had to mention whether a vote was to be done also. What is so hard about open government? Lots of secret stuff at L&W.
ReplyDeleteQuestion 1 who signed off on these invoices, doesn't the L&W commissioners and the BOS have to sign.
ReplyDeleteQuestion 2 Isn't it illegal for a town dept to spend money this way. (yes I vote against this petition )
Question 3 How much is being spent on fighting the citizen petitions on flouride
Question 4 are not all articles like this that pass at town meeting sent to the Attorney General to review for legality
Question 5 so the hand out that was at the meeting, they paid their lawyers to write.
I don't always agree with the citizens petition but it is our right and freedoms.
After reading the invoice and then the open meeting law violations. I am amazed that these long time members of the commission and the well paid Mr Driscoll do not know the simple things like WE DO NOT HAVE A TOWN CHARTER.(they couldn't picked up the phone and call the clerk THERE ARE ONLY A FEW REASON TO GO INTO AN EXECUTIVE SESSION. these are posted in various town offices and on the secretary of state website.
The only thing wrong with the L&W dept is the commission and the general manager. we need new commissioners that have brains. there must be some people in town.
All the junk yards in town can donate some scrap metal to the town and if one of the selectmen has the day off for some reason, he or she can drive to Nh and sell it to help pay this bill.
ReplyDeleteSo Julie's wrong again ?
ReplyDeleteBart was right when he told me,"The reason that the light and water commissioners came to the BOS meeting, was because their lawyers pointed out they are not as independent as they think they are"! Julie is right again!! It drives Dana nuts when she is right! Don't cry about your legal fees, or try to blame Julie, like you have done so many times before, Dana. Do things the right way, then she will have no reason to write any complaints!!! It must be a new concept to follow rules, after running things, with no one looking!! My opinion, Bev.
DeleteActually there are 10 reasons to go into executive session and they are listed on the Massachusetts Attorney General's website. I carry a copy of the OML Guide with me to every selectmen meeting I attend as a handy reference. I also read it often and look up to see any changes or updates. There are suppose to be signed copies of every member of all elected and non elected boards and commissions stating they have a copy of the OML, have read it have agree to follow it and keep up with changes and updates. You basically sign and state you agree to follow the OML. You should be able to see these at the Town Clerk's office. There is also a new legal opinion in the selectmen office, which I requested thru the town coordinator that states the selectmen have the authority to summon before them the general manager of the light dept to explain his business, the financial doings of the light dept and the debt of the town from the light dept. I am para-phrasing but the opinion was posted on this blog recently. The selectmen do not have to deal with the elected commissioners, just the general manager, perhaps a good time to do that. Also may be a good time to create a separate water commission. 10 grand of taxpayer money to try and defeat a citizen petition, guess the present L&W comm are not sm... well perhaps they just did not believe they could make their case without and educated high paid law firm as to why they should remain in power (sorry for the pun) Yes, this bill will go thru the selectmen office for review to be signed by selectmen to authorize the treasurer to pay it, if the selectmen so choose to do without first asking for a reason from the general manager why he did this. I would ask for a copy of that memo in its complete form about the governance in Templeton. Last I checked, L&W comm does not govern Templeton, they only over see the L&W depts as their bills are subject to selectmen descretion as all other depts are.
ReplyDeleteno anon 9:11 (interesting) I think the blog and supporting documents show the L&W comm was wrong.....again! Julie was just correcting herself when she stated in the past the citizens petition did not cost anything as the STM was already called for a specific reason, turns out taxpayers will pay about 10 grand for it, all because the L&W comm apparently could not defend themselves without expensive help, they apparently did not think they could use their past performance as reason enough to justify keeping them in place is my take on this
ReplyDeleteI wonder how much money and how many OML violations will occur if the State starts looking into Ch93 Acts of 2000. Will the L&W Commissioners foot the legal cost for past member Gerald P. Skelton? In regards to Mr. Smart's citizen petition "condemnation without investigation is the height of ignorance". Hopefully those who were ignorant of what has been going on in town will make an effort to educate themselves.
ReplyDeleteAs i went door to door to get the signatures needed i only told the truth. When people are misslead and told things that are false,at a selectmans meeting on TV by the chairman it would be hard to not believe it.Why would chris stewart say that on Feb,11, The only motive would be that he was the person to get the false information out and the faster the better. With the STM called by the town i went into gear faster with the petition to get a jump on them and it worked out well.They have stepped in it deep as it gets. The people were mislead and with that you loose credibility. I think they are in trouble and don't know what they have done to the department,the commission,and the trust of the town. Good for them,it's on them,they have done this! Now Accountability will be the most important thing. Can they be after this?
ReplyDeleteI still stand by my petition and hold my head high for the cause,Templeton Light and Water are Templeton's business!
It's our business,not theirs.
To the people on fern drive, We have your backs.
Our children's safety,health,wellbeing is paramount to all!
Even the money that rules the light+water.
Shareholder
Dave Smart
Are you calling the people in town STUPID
ReplyDeleteI think he was saying was, the people did not have the truth, when they walked into the auditorium. The same tactics were used this time, as when we had the recall. A lot of people are so busy, they do not understand what is going on around them. Go and tell everyone that you know, that the Light Company is being taken over, everyone will be fired. What you have are some very angry people. What needs is to have these same people understand, that they were fooled again! Then we will see what happens. Bev.
DeleteI never thought anyone was going to be fired or the light company was going to be sold or whatever. I voted against the petition because I did not feel it was in the best interest of the town for the Selectman to take on the commission's duties. If you don't like the current commissioners then you vote for someone else. There is already a process in place. The assumption that 300 people were all uninformed and lied to is ridiculous. I am not stupid. I am not uninformed. I am not ignorant. I voted based on the facts and what I thought was in the best interest of the town as is my right. Please respect that.
ReplyDeleteDon't think people are stupid. That was Anon. 4:36 who said that. Not Dave, not Bev.
ReplyDeleteMore lies and more misrepresentations. Just ignore the man behind the curtain. He plays by very different rules.
Stupid? Dennis does that,when sitting next to gerry skelton. Now thats stupids!
ReplyDeleteAnd that is sad, but also funny. Anonymous 6:16, You are right, a lot of people felt the same way you did, but if you look at what these guys have done with our money, and the charges they have laid on people, they should have thought about it again. There is no real justifying the price for being a water customer. That went up from $12.00 to $28.00. That is over double!! Their water budget is bloated. A private company would look at them selves to see where to save money. Not these guys, just charge the customer more. The selectmen would not have kept the Light long. The plan was to hire competent people to run it. The water Dept would have gone with highway to make a DPU. I really don't need to go all through this stuff again. Anything would be a improvement over what we have today. Bev.
Deletewow bev must be the only selectmen that wanted that'o yea that right shes not one but you might think so the way she talks
DeleteObiviously Bev cares about the well being of the town way more than you do A543. She is at least trying to solve these problems. What are you doing besides bad mouthing?
DeleteThanks Jeff, Those questions and more at next L+W meeting.
ReplyDeleteMonday should be a very gratifying day for me + the cause.
I hope all is well as can be. How are supplies holding out?
Let us know if low and if you need things.
Take care
Shareholder
Dave Smart
Jeff, The folder is not at the clerks and will be found a list on colflict of interest has been obtained and is complete.
ReplyDeleteOther info will be found at superintendants office and police station. More leg work well worth the effort! Thanks for your services.
Shareholder
Dave Smart
So i hope i get this correct. Tonight Dana threw the General manager under the bus alone. I hope he survives so we can ask the questions we need answered. They did not vote at the last executive session on collective bargaining he stated.They did not vote to contact a lawyer about the L+W petition. So what was the executive session about Dana!You stated it was about colletive bargaining?Seems there's alot of confusion around the light and water issues when it comes to you and your commission.Just ask your selectman wilder she doesn't know what meeting their talking about. When a second is not made to even talk about a subject you know somethings up!
ReplyDeleteThanks for helping out jeff in harms way! You will all sleep well tonight without your conscience.
Shareholder
Dave Smart
The open meeting law confirmation list is not at the clerks office, their looking for it for me.
ReplyDeleteShareholder
Dave Smart
After the 1st of the year is when the list started for new board members, There is no file prior to the 1st. No one sent them out from the BOS office and should have. A meeting with town clerk and BOS will have to take place to get the ball rolling on this. I hope they don't forget to send some to the L+W commissioners, they don't take the Conflict of interest law test either. All employees are required to take it and sign off on it. Why not special employees,like cris stewart,dana blaise,greg edwards? Anyone else think this is basic and should be done by all employees,Special and regular. Time to push for it and force all to adhere to the rules. THE RULES!
ReplyDeleteOML RULES
ETHICS RULES
TRANSPARENCY RULES
HONESTY RULES
COMPASSION RULES
Shareholder
Dave Smart