1/19/2014
Office of the Attorney General
Division of Open Government
One Ashburton Place
Boston, MA 02108
To Whom It May Concern:
RE: Open Meeting Law Complaint against Templeton
Municipal Light and Water Plant (TMLWP)
Enclosed is my rebuttal to the response given by counsel
Doucette & LaRose regarding my open meeting law complaint against the
TMLWP. Supporting documentation is included with this letter.
I have included supporting documents to substantiate my
claim that the TMLWP violated the OML.
Documents regarding this complaint:
On the Attorney General’s website states:
“The Open Meeting Law supports the principle that the democratic
process depends on the public having knowledge about the considerations
underlying governmental action. The Open Meeting Law requires that most meetings
of governmental bodies to be held in public.”
In this case, the TMLWP
Commissioners and general manager posted a meeting on the same date as a
special town meeting (STM) – October 23, 2013. The constable who posted the STM
is an employee of the water department. The TMLWP Commissioners and general
manager had knowledge of the STM date.
It is my contention that the
water department meeting on October 23, 2014 was posted according to the letter
of the law, but not the spirit of the law. Templeton residents were unaware of
the TMLWP meeting held on October 23, 2013 – the same day as the STM.
There is another issue with the
posting of the October 23rd TMLWP meeting. The TMLWP minutes from
October 23rd indicate a change in the meeting time. This meeting was
posted for 5 pm; the minutes indicate that the meeting began at 6:00 pm. The
minutes do not reflect that a water rate hearing was conducted on October 23,
2013. a record should have been
kept of participants attending the hearing. Instead, I believe this water rate
increase was voted at a regular meeting of the water commissioners – Not at a
rate hearing.
Attorneys Doucette & LaRose
acknowledge that I am a selectman. It is part of my duty as a selectman to
attend STMs. It seems deliberately obtuse to call a meeting to vote an
astronomical water rate increase (23 % FY 14 succeeding increases will push it
to 43% over 5 years) when many
people would not be able to attend the meeting thereby thwarting the publics
right to have input into such an onerous water increase. The change in meeting time without an
amended agenda also violates the open meeting law.
A review of the number of TMLWP
meetings that have occurred on a Wednesday, would be enlightening. I believe
the October 23, 2013 meeting was called so that the public would have no input
into the phenomenal increase in the water rates. Indeed, one of the TMLWP
Commissioners was not in attendance to vote on this historic increase. The
minutes indicate that there were four people present at this meeting: Chairman
Dana Blais, Commissioner Stewart, General manager John Driscoll and water
superintendent Ron Davan.
I stand by my request to postpone
the water rate increase until a water rate hearing can be properly posted, the
inhabitants of Templeton notified and the rate hearing held. I do not see any
evidence from the TMLWP commissioners or general manager that a water rate
hearing was held.
Thank you for your time and consideration
Julie Farrell
24 Myrtle St.
Baldwinville, MA 01436
978-939-2501 home
978-340-2503 mobile
Down hear on the lower forty wear wood is king and kerosene still gives some light we (me and wooddrow wilson my dog) like to think of the light company as a hole different empire run by the local clubs and lodges. Somethings got to be wrong to hold a rate meeting same time as a town meeting.
ReplyDeleteDeb back on top of your game time 2 min. I would think the rate hearing was nothing to you but it is to anyone who pays them for their water. When the fines and education don't work then maybe the people will elect someone else to be on the commission!
ReplyDeleteLet's hope so Dave!
DeleteTo me having a water rate meeting that results in a large increase in our rate at the same time as an important special town meeting to decide on school funding, is underhanded politics. There is a good chance Mr. Edwards knew this and did not attend this ill timed meeting. It is unfortunate that our Light & Water Department must operate in the dark. I like the thought of someone who wishes to make this department accountable to the rest of the town, hopefully Mr. Smart will be that man.
ReplyDeletedear "truth', this spot was set up by a ADULT, for ADULTS, to bad it couldn't stay that way !!!!! brad lehtonen
ReplyDeleteThe truth of the meeting date is deliberate and scheduled with malice! If the G.M. and Commission makes so much and spends the amount on lawyers that they do,what else could it be. To not know of the basic hearing law requirements proves they are not in control of the two departments. Unable to function a open and composed meeting as like the last one when the they needed to adjourn abruptly rather than answer more pointed Questions. Many Questions remain to be answered and are our right to know. True answers not Deflections to counter when you don't want to own mistakes in the past.
ReplyDeleteAre the new rates just another violation of the law? Did you check with the lawyer on that part of responsibilities?
You should, at 375.00 per hour he may be hungry!
Boo Hoo
ReplyDeleteLike Brad said ,Adults Deb!
If you sign what you post and not hide i will put in a good word for you! I can guess you would be allowed to post.
Till you grow up MOTS is my guess!
It's only fair for the people who want to be constructive,fair,and balanced!
Can you act like an adult and show us who you are?