Selectmen Signature on Warrants
The Templeton BOS now has a written legal opinion about signing the payroll and vendor warrants for TMLWP:
This message is in response to your question concerning the Board of Selectmen’s signing of warrants for Light and Water Department bills or payrolls. You have informed us that some of the Selectmen are not sure about their authority to sign warrants for payment of Light and Water Department bills or payrolls.
Chapter 93 of the Acts of 2000, An Act Relative To The Water And Light Departments Of The Town Of Templeton states in Section 1 that
“”[u]pon the effective date of this act the Templeton municipal lighting plant shall be known as the Templeton municipal lighting and water plant, shall have all powers contained in chapter 164 of the General Laws and otherwise, and all powers and duties now and from time to time vested by general or special law and by by-law in the water department of said town …”
M.G.L. c.164, Section 56 states:
“[a]ll moneys payable to or received by the city, town, manager or municipal light board in connection with the operation of the plant, for the sale of gas or electricity or otherwise, shall be paid to the city or town treasurer … [T]he selectmen in towns, shall approve the payment of all bills or payrolls of such plants before they are paid by the treasurer, and may disallow and refuse to approve for payment, in whole or in part, any claim as fraudulent, unlawful or excessive; and in that case the auditor or officer having similar duties, or the selectmen, shall file with the city or town treasurer a written statement of the reasons for the refusal; and the treasurer shall not pay any claim or bill so disallowed. …”
We understand that moneys received by the Light and Water Department are deposited in accounts from which bills and payrolls are paid by the Town Treasurer. The provisions quoted above indicate in our opinion that the Board of Selectmen has authority to sign warrants for payment of Light and Water Department bills or payrolls.
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Chapter 93 of the Acts of 2000, An Act Relative To The Water And Light Departments Of The Town Of Templeton states in Section 1 that
“”[u]pon the effective date of this act the Templeton municipal lighting plant shall be known as the Templeton municipal lighting and water plant, shall have all powers contained in chapter 164 of the General Laws and otherwise, and all powers and duties now and from time to time vested by general or special law and by by-law in the water department of said town …”
M.G.L. c.164, Section 56 states:
“[a]ll moneys payable to or received by the city, town, manager or municipal light board in connection with the operation of the plant, for the sale of gas or electricity or otherwise, shall be paid to the city or town treasurer … [T]he selectmen in towns, shall approve the payment of all bills or payrolls of such plants before they are paid by the treasurer, and may disallow and refuse to approve for payment, in whole or in part, any claim as fraudulent, unlawful or excessive; and in that case the auditor or officer having similar duties, or the selectmen, shall file with the city or town treasurer a written statement of the reasons for the refusal; and the treasurer shall not pay any claim or bill so disallowed. …”
We understand that moneys received by the Light and Water Department are deposited in accounts from which bills and payrolls are paid by the Town Treasurer. The provisions quoted above indicate in our opinion that the Board of Selectmen has authority to sign warrants for payment of Light and Water Department bills or payrolls.
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This opinion seems pretty clear.
"“[a]ll moneys payable to or received by the city, town, manager or municipal light board ..."
Now the question arises about the money held in accounts by MMWEC ...
These accounts at MMWEC are i'm told to be used in case of another ice storm major event and to keep our TMLWP competitive rates looking like they do it right over there. All the R.E.C. money has been used for this hide the rates scheme. If they start to charge us even more for power our management of this department is at fault for this problem. They have known about this problem even when the rate study was done late last year.
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