In response to :Appointments & Approval of Hiring (On-Call Fire Department)

In response to :Appointments & Approval of Hiring (On-Call Fire Department)

Yesterday, the following was posted:

From Jeff Bennett's blog - 
Massachusetts General Law, chapter 48



Section 58. In every town which accepted chapter two hundred and ninety-one of the General Acts of nineteen hundred and sixteen or chapter one hundred and forty of the General Acts of nineteen hundred and seventeen, or in which the provisions of chapter thirty-one were, on April third, nineteen hundred and seventeen, applicable to the chief of the fire department thereof, such chief shall hold his office continuously during good behavior unless incapacitated by physical or mental disability to perform the duties of his position; provided, that in every such city the official having the power of appointment, with the consent of the confirming board, if any, and in every such town, the selectmen, may, for just cause and for reasons specifically assigned by said official or selectmen, remove such chief, first giving him a copy of such reasons and allowing him a reasonable time to answer them in writing. A copy of the reasons, notice and answer, and of the order of removal, shall be filed with the town clerk.

posted by Jeff Bennett 

The response from the town clerk:


Good Morning Julie,

To date, I have not received any information concerning Chief Ray LaPorte.

Thank you,

Carol A. Harris
Templeton Town Clerk, CMMC
160 Patriots Rd.
P.O. Box 620
E. Templeton, MA 01438
(978) 894-2758 phone
(978) 894-2766 fax

From: Julie Farrell [mailto:j_farrell@hotmail.com]
Sent: Monday, May 23, 2016 5:39 AM
To: Town Clerk
Subject:

Hi Carol,

According to MGL chapter 48 section 58 😊

Section 58. In every town which accepted chapter two hundred and ninety-one of the General Acts of nineteen hundred and sixteen or chapter one hundred and forty of the General Acts of nineteen hundred and seventeen, or in which the provisions of chapter thirty-one were, on April third, nineteen hundred and seventeen, applicable to the chief of the fire department thereof, such chief shall hold his office continuously during good behavior unless incapacitated by physical or mental disability to perform the duties of his position; provided, that in every such city the official having the power of appointment, with the consent of the confirming board, if any, and in every such town, the selectmen, may, for just cause and for reasons specifically assigned by said official or selectmen, remove such chief, first giving him a copy of such reasons and allowing him a reasonable time to answer them in writing. A copy of the reasons, notice and answer, and of the order of removal, shall be filed with the town clerk.

Is there a copy of the reasons, notice and answer, and of the order of removal of the Fire Chief on file with your office? If so, could I please have a copy of the reasons, notice and answer, and of the order of removal of the Fire Chief?

Thank you for your help,

Julie Farrell 
  

So the Town clerk does not have a copy of the reasons, notice and answer, and of the removal of the Fire Chief.

Anyone else see a lawsuit coming?