#1 2009-11-05 03:32:34

http://www.southcoasttoday.com/apps/pbc … 015/TOWN14

Week after week after years, documented violation after violation, our district attorney has not lifted a finger.

Please contact his office and give him a piece of your mind.

Previously:

Auto-edited on 2020-08-11 to update URLs

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#2 2009-11-05 08:45:16

I agree with Bill W. A group of you should go to the DA's office and sit and wait until he sees you. Then tell him to do his job and investigate anything BoBo has said and demand that he require him to release the names. If he doesn't, let him know his days are numbered too. He's a public servant...get off his ass and do his job.
BoBo had better produce this time or I see him in jail.

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#3 2009-11-05 08:52:22

If the DA doesn't cooperate, go to the FEDS. They don't give a damn about the elected officials in Wareham or pseudo-journalists that open cans of worms only to find butterflies inside.
Time to put up or shut up.

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#4 2009-11-05 09:21:07

Dan,
I think it is best to ignore Slager. He craves attention, that much is clear. So much of what he has written about or had his flunkie Andrea Smith write about is based in opinion or twisted lies around a smidge of truth. His business is very much in decline. He has lost his office, and his audience has shrunk to a few lost souls (Ellen Begley, are you listening?). He provides no documented evidence (are you surprised?) and paints a sinister picture that includes threats to his life. Get serious! He is just trying to sell more copies so he can pay his overdue bills.

Let's just concentrate on what is important and let numbnuts rave about the "end of the world". The elected officials and their blunders should be our focus.

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#5 2009-11-05 09:26:17

No single quick fix would cure the ills afflicting this town faster than open meeting compliance.

Open meeting violations are a painfully old story here.

2007-06-18 03:22:17

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#6 2009-11-05 09:34:40

Last night, here, I read about Bobo & his hateful reporting about the library tax evaders and Mrs. Pillsbury.  Disgusting.   Late last night, I read on southcoasttoday.com of the Labor Board siding with the union - against the Wareham BOS.  Going to cost us a little in back pay, I believe, but what is right is right.    Today-front page news.  DA asked to investigate E.S. as secret meetings in Wareham.  Wow.  I knew Steve Urban would come thru.  I was also a little disappointed that it wasn't spread to previous meetings, not about hiring a new TA, but all their private social teas.   I think she is going to concentrate on one thing at a time.  My opinion.  I think I would do the same thing - hone in on one thing first.  Once a finding is determined, then she can proceed on the other illegal E.S.         I started only a short time ago, on this site.  Does anyone have all of the taped meetings where they took illegal E.S.'s on tape/video.  Can they all be put together to produce to the AG or the DA's office?  What about other issues,  the library and the total mess caused by budget cuts, the trustees - total library business.  How about both Bliss's stories in order.  We need to have all the facts about each separate problem, including town meeting.  I would hold off a few weeks and then let the DA or AG's offices be bombarded.  As many duplicate complaints signed by the voters and residents of town.  Everything in order.  Can we do that?

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#7 2009-11-05 10:07:20

Bill I agree with you..it's infuriating that repeated offenses go unchecked.

I'm also happy to see the ST/Steve Urbon making (occasional) moves to expose the "poop"...Why the DA (or anyone else in authority) doesn't step up and do something (like their jobs)..I just don't understand. Do we really need to go hound them incessantly? It's ridiculous, in my opinion. Where there's smoke, there's fire..and the skies have been shrouded for a long time..Do your job!! That's how I feel.

..and, thanks again Bill. I called and ended up having to leave a message for a Mr. Flanagan..hopefully he's better at returning phone calls than our "leader's" are...

Please, fellow "bloggers" make the call..make the call..

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Last edited by PShooter (2009-11-05 10:17:58)

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#8 2009-11-05 11:01:46

Good morning,

the article by Steve U. in the S-T, and the one posted this AM in the Courier make an interesting pairing.

first, the S-T states quite clearly that the deliberations for the selection and vote for the Tn Adm be in OPEN session. And yet the Courier article states with equal clarity, that Brucie and the Gang of Four voted to go BACK into Exc session to deliberate & vote on the new TA (this is the way I heard it as well); an ES which was convened in direct disregard for the specific procedure delineated in the Law. the procedure was accurately described in the S-T article.

Second. The DA, like it or not, is the person specified inthe law as the one to enforce the law. The S-T seems to have the ball rolling there.

Third. An omnibus complaint covering many meetings will not likely do the job. Here's what might, and in fact it dovetails with the S-T. Draft a formal complaint regarding Tuesday, November 3, 2009, and ONLY that date. Have it signed by TEN (10) taxpayers, at least,as specified in the law. Give the DA as much FACTUAL detail as possible regarding the events of the evening, starting with the posted agenda, the ES being convened at 6:30, not after the opening of the meeting in open session, the topic of discussion as stated by the Chaiman in open session, etc. And submit.
This might be the equivalent of a "double-down" in blackjack.

Fourth, If you want to submit complaints about prior violations, do each one individually, and in the manner described above. The DA may choose to lump them into a single, overall complaint, and that's OK. But, the submission of multiple complaints regarding repeated violations will have the best chance of getting their attention, and perhaps even action.


The Town of Plymouth took several weeks, but the BoS has voted for a Town Manager. IN OPEN SESSIONS. Their initial votes were 3-1, and their votes were discussed IN OPEN SESSIONS. In the final OPEN session last Tuesday, there was more discussion, and after some time, a final vote of 4-0 for their new TM. All of it in OPEN SESSIONS. And, there were comments in the press regarding some of the votes by some members of the BoS. Imagine!

You might want to contrast the Plymouth experience v. Wareham's, point-by-annoying-point. And keep in mind as you do, the two newspaper articles cited above.

When is that election day, again?

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#9 2009-11-05 11:18:05

I think it's also relevant to share here that the finalist from Marshfield has been found, as a member selectman there, in violation of the Open Meeting Law by the Plym. Co. DA as they, ironically, were searching for their own TA.

This guy has legal baggage we simply can not afford right now.

Does anyone uphold the laws anymore ?

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#10 2009-11-05 11:21:43

bbrady wrote:

Does anyone uphold the laws anymore ?

The ability to circumvent them appears to be what they're looking for in their hiring process(es)..

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#11 2009-11-05 11:40:02

This is what has happened to Wareham, so people take notice. I realize with the advent of Google and other search engines, you will be able to find some amount of dirt on people. HOWEVER, the level of dysfuntion has reached a boiling point in Wareham. Our leadership is the laughing stock of the Commonwealth. The candidates that have good qualifications and an excellent track record are going elsewhere in their search for work. We are left with those who cannot compete with top notch candidates (for whatever reason). If you add the fact our leadership has their own bag of poo, you begin to see what is happening. Poor leadership attracts poor candidates.

Wake up Wareham! We need to continue to press our "voter apathy" elected officials. They answer to us, we do not answer to them. If we do not like their decisions, then we need to let them know. If they thumb their nose at us, then we will have the opportunity to remove them from office in April. We need professional "unpaid volunteers" that work for the citizens of Wareham, not for their own agenda.

I have a suggestion. Someone needs to draft an article for next town meeting. If an elected official is voted out of office, we then have another vote on whether or not they did a good job. Based on that vote, they either have to serve four more years as an "unpaid" garbage collector, or they can return to private life. I am guessing four of our Selectmen would be roadside with their bags collecting trash!

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#12 2009-11-05 16:35:18

NAL wrote:

An omnibus complaint covering many meetings will not likely do the job. Here's what might, and in fact it dovetails with the S-T. Draft a formal complaint regarding Tuesday, November 3, 2009, and ONLY that date. Have it signed by TEN (10) taxpayers, at least,as specified in the law. Give the DA as much FACTUAL detail as possible regarding the events of the evening, starting with the posted agenda, the ES being convened at 6:30, not after the opening of the meeting in open session, the topic of discussion as stated by the Chaiman in open session, etc. And submit.
This might be the equivalent of a "double-down" in blackjack.

If you want to submit complaints about prior violations, do each one individually, and in the manner described above. The DA may choose to lump them into a single, overall complaint, and that's OK. But, the submission of multiple complaints regarding repeated violations will have the best chance of getting their attention, and perhaps even action.

PShooter wrote:

I called and ended up having to leave a message for a Mr. Flanagan..hopefully he's better at returning phone calls than our "leader's" are...

Please, fellow "bloggers" make the call..make the call..

I got a call back..and NAL is totally right. Complaints need to be made for each violation seperately..only thing different than what you wrote is, it doesn't matter if it's one of us or 20 of us. If it warrants looking into, and is carefully explained with as much possible detail/supporting evidence then they'll check it out. Any complaint needs to be written, signed and either mailed (check Bill's link above for address) or faxed to the attn: of Mary Lee, Asst. DA @ 508-586-3578. The person I spoke with is Tom Flanagan.


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#13 2009-11-05 17:03:37

Pshooter,

thanks for checking that for us. My memory of the law (hey! at my advanced and rapidly advancing age, memory becomes more of a concept than a reality) is the ten taxpayer thing, but if Mr, Flanagan says otherwise, then that's the way it is.

I would point out, however, that in a similar vein to my prior comments on other topics - that these things are CAMPAIGNS,  to be planned and executed as such - that a communication to Ms. Lee with multiple signatures will command more attention than the signature of one individual. Politics 101.

And, fail not to take the advice given by Mr. Flanagan regarding the support & justification for the complaint. Document, document, document!

The following will NOT work: Hey DA dudes & dudettes! the BoS violates the Open Meeting Law week in & week out. Can't youse guys do sum'in' about these SoB's, er BoS?

Not very likely to succeed.

Better. chapter XXX, Section YYY, Paragraph ZZZ  of the MGL specifies that...... the BoS on (date) did the following, which is in direct violation of these laws. and so forth.


Much more likely to be read, understood, and taken to the next level.

Remember, they are lawyers.

Much more to say on this, but later.....

Last edited by notalawyer (2009-11-05 17:05:08)

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#14 2009-11-05 17:38:11

sorry, but please indulge me for two more things.

1. time is of the essence, as the lawyers like to say. In this case, the S-T has made contact and gotten a response. NOW is the time to piggyback on that. The DA's people have been alerted, but they need the push from CITIZENS. Yes, they are no doubt smart enough to play nice with a newspaper that is big in the voting district (Plymouth County), but they should be even more responsive to people who, ya know, VOTE. And, people who take the time to complain about open meeting violations most likely are voters.

2. Read carefully the article by Steve U. The response from the DA's office was to our close personal friends at which law firm? If you guessed K & P, then you get a gold star for following the bouncing ball.

But (yeah, it still follows, wherever I go), in effect then, Plymouth County DA has responded to the S-T complaint about open meeting law violations to the ones accused of the violations, through, their own private attorneys. What's that, the TAXPAYERS foot the bill for K & P? True. So, who among you got a phone call from the K & P attorneys seeking your input on how this complaint regarding these violations should be handled?

BillW?  DanO?  LarryM? DickW?  Anyone?

Let's try another group: Brucie? Brenda? Janie? Cronie? iTA?

guess wrong, and you have to give up the gold star. sorry 'bout that.

All the more reason to strike now. At this point, its a cozy conversation between and among lawyers (and one who aspires to become one). those annoying taxpayers, citizens, voters are OUT OF THE LOOP. Just the way K & P and the BoS like it,as the billable hours are racked up.

the only way to get in the game is to GET IN THE GAME. Otherwise, you can virtually write the forthcoming report after the lawyers determine they have milked this one to the max.

Say a good Act of Contrition, 3 Hail Mary's and two Our Father's.
Go, and sin no more....

Yeah, right.

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#15 2009-11-05 17:57:17

A couple of other things..He confirmed they had rec'd a complaint about the TA "situation", didn't confirm from whom..and he made it clear that the laws governing Executive Session's are very specific and restrictive (clandestine meetings under the bleacher's on a Saturday didn't seem to be covered, nor do Xtra Xsessions before the BoS meetings, which don't appear to be "opened properly")
Post one, take two...are they even posted???

MA Open Mtg. Law

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#16 2009-11-05 18:07:20

Not to throw water on this party, but I am lead to believe the violations of Open Meeting law do not carry any substantial penalty. In fact, it is more of a Slap...don't do that again type thing. So, if they are found guilty of violating Open Meeting law 20 times, they would still be sitting in those seats flaunting the fact they got away with it 20 times...Please correct me if I am wrong.

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#17 2009-11-05 18:10:41

Misdemeanors can compound into felonies. Think Watergate.

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#18 2009-11-05 20:23:34

LarryM makes a good point as always. It is a political situation, first & foremost, and the DA is going to take that into account. So:

"...the DA may also seek to enforce the Law by directing governmental bodies in appropriate circumstances to comply fully with provisions of the Law inthe future."

Translation: go & sin no more.

This is from "Open Meeting Law Guidelines" from the mass.gov website.

But under Other Relief, the guidelines note that a court "may enter an order invalidating any action taken at any meeting in which the Law has been violated, provided the complaint is filed within 21 days of the date the action is made public."

Further: "Such order may also include a civil fine against the governmental body in an amount no greater than one thousand dollars for each meeting held in violation of this section."

Unfortunately: " ...it is not necessary to reprimand a governmental body which has admitted to violations of the Open Meeting Law, when the governmental body subsequently took appropriate action to correct those violations."

So, here's my take. Within 21 days of the BoS announcing a decision which was arrived at within a meeting which violates the Open Meeting Law, "three of more registered voters" may bring suit to enforce the Open Meeting Law by filing a complaint in the Superior Court or the Supreme Judicial Court.  "Such a suit is to be heard with a shortened notice period of 10 days, and to be determined in speedy fashion".

Or, there is the DA.

So, there are real consquences, including the voiding of decisions, in the available remedies. But even if there is merely a slap on the wrist, is it not prime fodder for a political campaign which might take place in, say, April, 2010?

Candidates' night, late winter 2010: Sweet Brucie, the Plymouth County DA has found that the BoS repeatedly violated the Open Meeting law. Why should the voters of the Town of Wareham place their trust in an individual who espouses secrecy & back room dealings, rather than being open and honest with the citizens/voters/taxpayers?

It is a hard question to duck.

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#19 2009-11-05 20:43:22

If they are convicted of several counts of violation of the open meeting laws, sunshine laws, etc., they will be in contempt of Court if it is proven that they ignored the final judgement of the violations.
Slippery slope at best.

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#20 2009-11-06 10:45:00

from the internet: K & P on executive sessions, in their own words

http://www.k-plaw.com/pdf/2009-03-12/op … -sheet.pdf

Two items stand out:

1. Procedures for Convening Executive Session. Would K & P not advise their client BoS of the correct procedure?

2. Rights of Individuals. ibid

Can you say, Arrogance?

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#21 2009-11-06 10:52:44

notalawyer wrote:

from the internet: K & P on executive sessions, in their own words

http://www.k-plaw.com/pdf/2009-03-12/op … -sheet.pdf

Two items stand out:

Truth is, only one item stands out.

K & P purged the file in microseconds.

Hope you kept a copy.

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#22 2009-11-06 11:00:31

from the Massachusetts Municipal Association (MMA):

http://www.mma.org/municipal-government … ting-rules

In this article, there is a reference to a law passed the past July consolidating ethics laws and open meeting laws. It is effective on July 1, 2010 (Damn!) And regulatory & enforcement authority passes to the State Attorney General! (double Damn!)

It will be (I'm not making this up): the Office of Open Government.

Wow! could it be? a whole new career for the one, the only (just ask him):
BRUCIE! Woo-Hoo! Who knows more about the ins and, of course, OUTS of the Open Meeting Law?

The article also notes that all government employees are to complete a training program between 10/1/2009 and the first of the year. For purposes of this law, are members of the BoS considered employees? Any training programs been scheduled, perhaps featuring everyone's all time favorites from K & P?

You know, the Town Clerk droned on, when not tripping over her own words, about something  -  was it this new law? I confess to tuning out during her show, er presentation.

Last edited by notalawyer (2009-11-06 11:01:42)

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#23 2009-11-06 11:14:41

thanks for the heads-up, BillW

If we can't get there by the quick route, you CAN get there as follows:
1. www.k-plaw.com/attorneys.htm
2. Click: General Municipal under Practice Areas (left center on screen)
3. Click Publications & Resources (left side of screen)
4. On the Resources page, the Open Meeting Law stuff is the fifth item down.

And yes, I did print out a hard copy.

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#24 2009-11-06 11:16:15

billw wrote:

notalawyer wrote:

from the internet: K & P on executive sessions, in their own words

http://www.k-plaw.com/pdf/2009-03-12/op … -sheet.pdf

Two items stand out:

Truth is, only one item stands out.

K & P purged the file in microseconds.

Hope you kept a copy.

Ahhhh, the joys of case-sensitive web servers.  Link

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#25 2009-11-06 11:20:46

Well, I do have a severe allergy to shellfish, can't even touch them. Didn't know that I was case-sensitive, too. Maybe that accounts for that annoying itch after watching the BoS and their BoBo in action.

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#26 2009-11-06 11:37:49

billw wrote:

notalawyer wrote:

Two items stand out:

Truth is, only one item stands out.

K & P purged the file in microseconds..

Hope you kept a copy.

hmmmm...How do you like that? Snakes aren't stupid. Nice catch Cas, Bill, NAL.

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Last edited by PShooter (2009-11-06 11:39:38)

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