Tuesday, April 23, 2013

Legal opinion requested by Jeffrey Bennett



As you can see and check the MGL, I was ensuring or trying to make sure that the BOS could require the General Manager of the light dept. to come before them and explain things financially in hopes of clearly some questions up so taxpayers would know where, how and why monies are spent concerning the light dept. My feeling was and is, that with information in hand, alot of energy, effort and time spent going back and forth with the light commissioners could be avoided, and we as a town could possibly move forward. I was not looking at a citizens petition, I was merely looking for clarification on the reading of a MGL with regards to the authority of the select board in an effort to show the BOS what they could do and possibly quell some of the animosity within the town and we could move on and concentrate on more important issues. So if a selectmen is going to say i spent money on a legal opinion concerning a citizens petition, I would preferr they know what they are talking about. I inquired on a MGL concerning the authority of the BOS and so far a majority of the board has refused to do their duty and obligation. So I spent taxpayer money in an effort to make clear to the BOS that they had the right to summon General Manager John Driscoll before the BOS and ask for the accounting of municiple funds in an effort to assist the people to get some answers that apprently another elected board was not willing to give, the Light commissioners. This MGL gives the selectmen the ability to deal with an employee and not the elected light comm. I did not ask for town counsel to look at any citizens petition. I may be wrong, but I believe when I asked for this opinion, the STM was over with and the citizens petition was defeated. I think the STM was on March 6, 2013. I spent taxpayer money to try to show the BOS they could work for the people, as in good governance, why Virginia did you vote to rehire K&P law firm last February 2012 which costs the taxpayers $5000.00, what exactly were you trying to accomplish?

Jeff Bennett




From: jpb01468@comcast.net
To: "Paul"
Cc: Towncoordinator@Templeton1.org
Sent: Thursday, March 7, 2013 2:22:14 AM
Subject: request for legal clarification

Paul,
I have a question that requires clarification. Templeton has a municipal light co. and an elected light board, so as a selectmen, I need to know the significance of MGL chapter 164, section 56; management of the plant. Within that section, it states "all accounts rendered to or kept in the gas or electric plant . . .of any town shall be subject to inspection of the selectmen. While as a selectmen, I would be interested in all financial records of the Templeton light & water dept., I am particularly interested in the expenses and accounting of the monies involved for the wind turbine within the boundary of Templeton. As it sits on school land, I further believe this comes under the jurisdiction of the selectmen (possibly of two towns as this is a district school.) However, what I believe and what is law, actual and or case is two different things. Before speaking to this issue formally and possibly placing it in the lap of the select board, I would just like to be sure. So as vice-chair of the Templeton Board of Selectmen, I am requesting your legal expertise in this matter. I have cc'd Templeton town coordinator so he is aware of legal expenses being incurred by a member of the select board and there fore technically going thru him as past practice dictates.

regards:

Jeffrey Bennett
vice-chair, Templeton Board of Selectmen


I look forward to meeting with you upon my return from Afghanistan

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