#1 2011-01-05 15:44:32

You have all seen BillW's posting regarding the power grab executed by Jane and her hench-person, Bren-duh. In my opinion, there is still time, but not much, to turn this into an 'attempted' power grab. Review the tape of the meeting, and see the near drooling by Bren-duh to get the nine early birds (who can they be, now?) on the committee.

the crux of the problem as I see it, is the phrase: "the Appointing Authority". Jane claims that the use of this verbiage in Article 84, when there does not exist  an entity defined as  "THE appointing authorty" means that the authority to appoint defaults to the BoS. Further, she claims to have the rubber stamp of K & P on this point, based on a review of the Town Charter, as well as the Town Meeting video.

First question: Why did the BoS not catch this anomaly when they allowed this article to appear in the Town warrant?

Second question: what did the BoS understand the phrase "THE appointing authority" to mean, both at the point of creating the warrant, and DURING THE DEBATE at Town Meeting?

Third question: what did the Town Meeting VOTERS understand the phrase "THE appointing authority" to mean?

Let's look at the town Charter.

Section 2-5 Committees. In discussing the make-up of the FinCom, the Planning Board, and the personnel Board; the charter calls for "AN appointing authority", not THE appointing authority. In each case, AN appointing authority is to be an ad hoc committe, not a permantly established committee. Jane and K & P appear to be leaning on this.

Section 3-2 (c): "the BoS shall appoint....the members of all other multi-member bodies for whom (sic) no other method of selection is provided by the Charter.
This appears to be what jane and K & P are  hanging their hats on. BUT...

Section 7-8 (Notice of Vacancies) and Section 7-9 (Removals and Suspensions)

These two sections of the Town Charter use the phrase "THE appointing authority" no less than NINE (9) times! Here's a few:

1. "Whenever a vacancy occurs....including membership on ANY (emphasis added) multiple member body....THE appointing authority (ibid) shall, forthwith, cause public notice of such vacancy...to be posted.....

Who or what is "The appointing authority for this purpose?

2. "Any appointed officer or full time employee....may be removed or suspended from his duties by the appointing
authority."

3. "the action of the appointing authority in suspending or removing an officer or employee shall be final, it being the intention of this section to vest all authority and to fix all responsibility for appointment, suspension and removal of officers and employees in the appointing authority.

It is clear that there is ambiguity in the Town charter, but there was no ambiguity in the warrant article. And clearly, the Town Meeting members were acting on the basis that there existed an entity called "THE appointing authority", as referenced repeatedly in the Town charter.

And further, the startled responses of the BoS OTHER than Tweedle-duh and Tweedle-don, clearly indicate that this was a behind-the-back ploy, a naked power grab. Esp. with Bren-duh sitting there with her nine choices, er candidates in her pocket.

So. what to do?

1. Telephone, e-mail, Twitter, or even carrier pigeon ALL of the BoS and tell them that you STRONGLY disagree with this arbitrary and capricious approach to this matter.

2. show up at the next BoS meeting and speak out at Citizens's Participation. In particular, that it appears that both the BoS AND the TM knew and accepted the general meaning of the phrase: "THE appointing authority".

3. Prepare a warrant article for the April TM, addressing this issue.

4. Flood the BoS, the pseudo appointing authority with applications for positions of the review committee. Bog down the process.

Don't let Jane, Bren-duh and K & P get away with this usurpation and hi-jacking of the intent of the TM voters.

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#2 2011-01-05 17:47:16

If you want to review the TM (Night #7 11/9/10) video go to: http://takebackwareham86bos.blogspot.co … ght-7.html

Article 83..which was to hear the recommendation of the "Westfield Committee" is (I think) the best place to start..it starts at 26:00 of part 4. Article 84 starts at 36:00 of part 4.

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