#1 2009-06-03 08:47:10

The rules are clear: an executive session can only be convened by vote and by statement of purpose for which it will be held AFTER a properly convened open meeting.

How is it that this BOS has executive sessions BEFORE their regular meetings?? Are there any REAL reporters reading this? Please do some research here. The truth needs to be told to the people.

For what purpose could they possibly have convened this meeting---witch hunt? I don't think that is on the books as a legal reason that can be claimed for executive session. No wonder they met beforehand.

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#2 2009-06-03 08:58:30

I am in a conversation with a State Official this morning and hopefully I will have some clarification on this shortly. The actions of the BOS have far exceeded their authority and scope. There are rumblings at the State level about some of the recent decisions by the BOS and "acting" TA. This has become more about their personal beliefs and agendas, and less about the well-being of the town. The scary part to me is that we have to even involve State Officials. There should be an outcry of taxpayers requesting a recall vote. Does the word mismanagement mean anything?

Just for the record, this is not personal, this is business. We need to secure elected officials who are not serving themselves.

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#3 2009-06-03 15:24:52

Sorry for the delay. The last response I received stated that any type of investigation takes time and to establish any validity to my statements will not happen overnight. I guess that means "Don't call me, I'll call you". Oh well, I tried.

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#4 2009-06-03 16:28:58

Thanks MRM, but it seems pretty straight forward. Rules are rules. Maybe a different state official? What department would over see such violations? I don't know who you spoke with, but please don't give up.

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#5 2009-06-03 16:56:41

Slager's latest crap reads:     The more important question is why would any of these bloggers be listening to a live stream of an executive session meeting if they didn’t know it would be broadcast in advance? If the executive session meeting was, in fact, “bugged” it represents a terrifying new era in Wareham politics. Selectmen who are investigating potential corruption in town government now have to wonder if their executive session meetings are secretly being transmitted to their political opponents, who may be town employees and potential targets of the investigation.

Huh? I turned my tv on the local station at 7 pm. But the bos were in executive, so I got the usual loop until they came out of exec. and convened the regular meeting. Here's a little logic. Commonsense turned his computer on to the live stream at 7 pm expecting the regular meeting, only he got to hear what was being said because it was LIVE. How could that possibly be considered knowing about it in advance? The meeting was posted for 7 pm. The dialog that occurred and was overheard came after 7 pm. If he had been tipped off, he would have told others so there would be many people out there who heard it and recorded it and can verify it.  Duh. Doesn't take Clark Kent to figure that one out.  Talk about a paranoid conspiracy theorist.

Well, it won't work this time ragman. You can ignore what was heard all you want and rant on and accuse Steve Ruiz without any proof (oh right, guilty until proven innocent in Wareham), but that won't make it go away. Your blind loyalty is pathetic.

And why would blogging be mentioned by the bos "in passing" at all during exec. session? If it isn't about this blog, then there would be no need for the selectmen to talk about it. What do they think we are, stupid?

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#6 2009-06-03 17:40:01

RE: Maplesprings roadman post on State officials.

Whenever the Donawho's are involved the State invariably has to be called in.  Remember the Assessors debacle when John was removed.  Oh, by the way, everyone knows he was "set up" at the court and that was the reason he was fired.  Takes skill and cunning to be fired from an appointed State job.

Last edited by Seymor (2009-06-03 17:41:03)

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#7 2009-06-03 19:16:10

Molly wrote:

Huh? I turned my tv on the local station at 7 pm. But the bos were in executive, so I got the usual loop until they came out of exec. and convened the regular meeting. Here's a little logic. Commonsense turned his computer on to the live stream at 7 pm expecting the regular meeting, only he got to hear what was being said because it was LIVE. How could that possibly be considered knowing about it in advance? The meeting was posted for 7 pm. The dialog that occurred and was overheard came after 7 pm. If he had been tipped off, he would have told others so there would be many people out there who heard it and recorded it and can verify it.  Duh. Doesn't take Clark Kent to figure that one out.  Talk about a paranoid conspiracy theorist.

Molly, that's exactly what happened.  I tuned in just around 7 on my computer.  His delusional conspiracy theory is based on the fact I said the mics were on during executive session.

I didn't say at what time, and he knows when it started, so he assumes anyone that heard it, heard it from start to finish.  I willing to bet everyone that heard it, heard it from 7pm and on.

He's also too stupid to realize that people stream the broadcast EVERY WEEK.  You know you can't get local TV stations with a satelite dish.

Last edited by commonsense (2009-06-03 19:18:28)

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#8 2009-06-05 08:40:11

MGL Chapter 39, section 23B

"No executive session shall be held until the governmental body has first convened in an open session for which notice has been given, a majority of the members have voted to go into executive session and the vote of each member is recorded on a roll call vote and enteresed into the minutes, the presiding officer has cited the purpose for an executive session and the presiding officer has stated before the executive session if the governmental body will reconvene after the executive session."

This obviously was not done on Tuesday evening for the top secret ex session.

Please call Plymouth County District Attorney's office, Asst DA Mary Lee.  if you remember, in her multi-page decision regarding the Swift's Beach and other Executive Session missing minutes issues, she specifically exhorted the board to follow proper procedures in the future and that all future ex session minutes should be available to the public within a very short period of time.  I think Ms. Lee would love to hear about this...

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#9 2009-06-05 12:36:07

If you are looking for evidence to submit a complaint to the Plymouth DA, you only have to look at The Wareham Observer article. There are quotes from Bruce and the headline discusses an executive session. Therefore, the BOS and their trusty sidekick have both admitted the were in an illegal executive session.

Ooops, I believe the BOS and the boy wonder reporter have just made a mistake. :)

I wish I could write more about what is coming down the pipe, but I do believe  it will make for a more interesting read when it all comes out. I believe it was the eloquent editor of the BOS Observer who said the truth shall come out, but I don't think he had a clue it was going to a profound statement.

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#10 2009-06-05 17:20:49

Molly wrote:

The rules are clear: an executive session can only be convened by vote and by statement of purpose for which it will be held AFTER a properly convened open meeting. How is it that this BOS has executive sessions BEFORE their regular meetings?? Are there any REAL reporters reading this? Please do some research here. The truth needs to be told to the people.

Regarding executive session meeting laws....A couple of weeks ago, the regular BOS meeting was not held so that a presentation on the Westfield project could be given and discussed in an open forum instead...the week prior to that and before adjourning that "quickie" meeting that night, Bruce announced that there wouldn't be a regular BOS meeting the following week because of the presentation and therefore would not be televised, and that the presentation was going to take place after the board's executive session to discuss (?) was completed...since my knowledge on the rules governing executive sessions is right up there with my ability to do subtraction without the assistance of modern day technology, I was wondering if anyone knows if there is a time limit printed anywhere in MGL Chapter 39, section 23B  that states the executive session has to begin immediately "AFTER a properly convened open meeting..." If there isn't a time limit, that would explain what happened the week before...it did follow the regular meeting, just a week later...   Since I haven't heard anyone mention any other reason as to why Tuesday's ES was being referred to as illegal other than the timing of it, and that is actually not the issue, never mind....

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#11 2009-06-05 17:43:30

NO, NO, NO and, uh  - oh yeah NO!!!!!

MsLilly, you have deluded yourself, and your attempt to delude others is below feeble.

Monsieur leBrucie cannot, under the rules, merely stand up and "announce" an executive session. Please reread the MGL you cited. it REQUIRES that there be a roll call vote in an open meeting to go into executive session, recorded in the minutes (you will pardon the joke), and that the presiding officer cite the reason for the executive session. Your post seemed to omit those grubby details.

The law and the rules are quite clear, and easy to follow for honest people trying to do the right thing. They are, however, a nuisance and impediment to the weasels trying to circumvent and/or ignore the spirit and intent of the law.

This BoS has made its choice. Honest? dubious. Weasels? - let the facts speak for themselves.

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#12 2009-06-05 17:46:31

Nice try Ms. Lilly. Did this come from Bruce or Brenda??? Let them do their own blogging!

You must be kidding. A week long extension of exec. session? Let the AG figure that one out. But it doesn't take away the fact that they talked about two employees without notifying them and without their being allowed to be represented by counsel. Plus, if they did not state they were going to chat about the computer sweep, it could not be talked about. The rules are clear on that. I just love the way you keep trying to make excuses for these people.

Of course, if this was true, then all those other exec. session minutes before the weeks when they started the regular meeting late, would reflect the vote they took to keep the exec. session open until the following week. Yeah, right. This has happened many times before where they start the regular meeting late--I think it is so they don't have to stay so late, not because they couldn't finish their business the week before. Let the minutes speak for themselves. That is if they took minutes. And never mind that people are there at 7 pm as advertised to do the town's business. But no one said you couldn't be rude and still be a selectman.

Sometimes, the truth hurts.

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#13 2009-06-05 18:55:48

Molly and NAL...did you actually read my post?  I asked a question and instead of a civilized attempt at an answer, you merely attacked...boy, doesn't that sound just like what a certain selectman was accused of doing to that poor ST reporter...

I have not read the "official" version of the MGL, just the versions cited here...that's why I asked the "timing" question...I wanted to know if it is legal for the session to be announced at the end of one open meeting, but not officially opened with the vote, roll call, reasons cited, etc. and business completed just prior to the beginning of the next meeting ...that is exactly what seemed to have happened the week before and no one has said anything about that session being illegal...that is my question...if it's the timing of the meeting that makes the Warehamgate session illegal, why isn't the prior weeks illegal also...

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#14 2009-06-05 20:15:09

Ms. Lilly:
The prior week is also illegal. In order to convene an ES at 6 p.m. the regular meeting has to be posted for6 p.m., and opened in regular session. The BOS can then go into ES and return to open session after the ES or not return, they must announce their intent when going behind closed doors. Hope that clarifies it for you.

Molly and NAL, more flies with honey.....

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#15 2009-06-05 20:49:13

ILIAZ....I was hoping my favorite rocket man was going to ride in on his shiny shuttle to save me with an educated response...thank you...

...and as much as I completely agree with your honey sentiment, couldn't you have gone with bees instead of flies?....ohhhh, how much more fun for you to be able to make reference to me as a "B----" without the threat of any sort of retaliation....now wouldn't that have been truly "sweeeeeet"...

Okay, any idea why no one has yet to make a stink about the illegal meeting the week before?  Or why no one even noticed?

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#16 2009-06-05 22:29:26

WHAT ABOUT THEM DISCUSSING SIMMONS AND GIFFORD. SHOULDNT THEY HAVE BEEN NOTIFIED IF THEIR JOB PERFORMANCE WAS GOING TO COME UP. THE BOS TALKED ABOUT THEM. CRONAN HOW HE DIDNT TRUST HIM AS FAR AS HE COULD THROW HIM. THEY SHOULD HAVE BEEN NOTIFIED SO THEY COULD HAVE REPRESETATION IF THEY WANTED. I BELIEVE THIS IS ANOTHER VIOLATION.

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#17 2009-06-05 22:49:17

Their comments on gifford and simmons just shows once more how their decisions are based on emotional responses rather than on factual observable behavior.  Can't fire someone because you don't trust them as far as you could throw them with your injured shoulder (oh isn't he cute, funny and bright NOT).  So what will they do instead...conduct a witch hunt with the hopes that something will be found that they can use against these two.   There's another reason for the town to be sued....

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#18 2009-06-08 10:22:35

MsLilly wrote:

I

Okay, any idea why no one has yet to make a stink about the illegal meeting the week before?  Or why no one even noticed?

I clearly remember at town meeting the legality/illegality of executive sessions was brought up  by one gentleman and was immediately shot down by the stage bullies and their blind fans in the audience.  Even when the BOS are put on notice, they go ahead and violate the law.

Bruce said he is notifying the AG's office on the advice of town counsel ($$$ to K and P) about the exec. session thing in a wicked local article. So, looks like even town counsel can't get them out of this mess.

There should be a record of all the many executive sessions (note the words "should be") they have prior to open meetings. It has happened many times when you tune in at 7 pm. That means they should be charged with multiple violations. Any way we can find out how often this happened? Look at selectmen's meetings and the time they were called to order?

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#19 2009-06-08 13:41:23

Molly...my issue isn't with whether or not they have gone into executive session prior to a regular meeting...we already know they do ...they announced they were doing it at the end of the prior week's meeting...if it is illegal to do that, why wasn't everyone screaming foul when Bruce made the announcement they were doing it...wouldn't that have been the time for something to be said? ...or maybe everyone just decided to give the BOS a free pass on this supposed illegal meeting to give them a break from all the bashing they've been subject to lately...just trying to be more like all their other  "blind fans" by turning a blind eye for a change...yeah, that must be it...

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#20 2009-06-08 14:29:18

I, for one, never realized they were in executive session when the meetings started late.  I think when the meeting was accidently broadcast, everyone began focusing on what was taking place.

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#21 2009-06-08 15:36:58

GWB

I agree with Mixie, I was unaware as well. Regaurdless, The Board chair is more than aware of the fact that Executive sessions are to be called after a posted and conviened open session. If I were him I would be upset that I was caught holding an Illegal meeting and would be doing everything in my power to try and distract from that Issue. Also If this event had taken place prior to spring town meeting, I am quite sure that Article 55 on the warrant would have been taken a bit more seriously. That article would have required written notice of executive sessions.
     Using an executive session to discuss Important Town buisness is one thing. Using an Executive session to micromanage the day to day operations of the Town in violation of Town Charter is totally different. This board needs to be held Accountable.
     The selectmen are supposed to set policy and the Town Administrator is supposed to implement it but that is not what has happened with this Audit. Common sence would tell you that if A comprehensive computer Audit policy was already in place then this Audit would not be a surprise to anyone.
      I have talked to some people that work for the town and they have told me that while there is an Internet policy  nowhere does it mention Audits. That is what is troubling. Time and time again this board has chosen to get itself deeply involved in employee management issues. By charter this is not thier responsibility it's the Town Administrators.

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#22 2009-06-08 16:08:32

GWB

Oh yeah and while I'm on the Subject. It may be only my opinion but an Interim Town Administrator that has no contract protection doesn't count ( The term lame duck comes to mind). If the current board truly wanted to do things by the book then they would fill the T/A position A.S.A.P. That is If they can even find one that would be willing to take the Job.
     Mr. Savengeau likes to bring up how things are done in the private sector but I'M quite sure there is no Major Company or thier board of directors that would Intentionally run with out a full time C.E.O. for as long as we have. And no C.E.O. worth a damn would take the Job with out a solid contract.
     Make no mistake about it for sake of arguement The Town of Wareham is a large Municipal Company with a budget close to 60 million And this Company has a board that has decided not to hire a full time C.E.O. to steer the ship for close to the year. We the Shareholders/Taxpayers should be outraged by this. What do Shareholders do when they don't like how the current board is handleing things. They boot them out and vote in a new board.

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#23 2009-06-09 08:27:21

GWB, that speaks volumes about how this town is run. If you have an interim TA, you can control him much better than one who is hired to actually perform the duties of the TA.  The other issue is Town Accountant. What company runs without a Controller or at LEAST an Accounting Manager to oversee day to day? This is absolutely a travesty and any accounting professional would shaking their heads at this point.

One has only to look at the real person running this town and his past performance to see where we are heading. The sad part is WE are the shareholders and WE have the right and ability to put a stop to this.

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