#1 2009-10-20 12:55:43

In the video clip thread elsewhere on the blog, I said I would explain more about the trustees and their claim that they were a public/private hybrid. Please look at the video of the selectmen's meeting where they dismissed the trustees if you haven't seen it yet.

The library trustees incorporated in 1891 and served the town of Wareham in private library buildings until the town built the new building in 1991. The last private building was the Tobey library building on High Street.  According the the MA Constitution, Amendment XLVI states that private libraries can be supported by money from any city or town but that does not make it a public library in the sense that it is the town's library.   The Attorney General ruled something similar as early as 1921 and that can be found in MGL, I believe chapters 40 and 140.  So, it is perfectly legal and in a state as old as ours, where most libraries were originally private, you can see how this evolved. IN FACT, THE LIBRARY COMMISSIONERS STATE THAT MORE THAN 70 LIBRARIES IN MA TODAY ARE PUBLIC/PRIVATE HYBRIDS. There are 370 public libraries in the Commonwealth.

So, the trustees for the library at Tobey were private and held a trust fund. Around the late 1970s, the town began taking over some of the library's expenses including salaries, but as you can see from above, that did not make it a town library and the trustees were self-appointing. In Oct. 1977, town meeting voted to appoint a library transition committee because the trustees were considering turning their trust over to the town and becoming fully public. (For you history buffs, the committee consisted of Helen Lincoln, Robert Braman, Robert Kiernan, Robert Lucey, Jane Beaton, Janice Maynard and Michael Hynes.)  Representative Decas even prepared the legislation that was needed for such a turn over. (We have all these documents including minutes from trustee meetings, legislation draft, and town meeting records.)

Much research was done by this transition committee and the lawyer that town meeting appropriated $2500 to hire, instructed the trustees to change their method of self-appointment to being appointed by the Appointing Authority (Town Moderator, Chair of the BoS, and Chair of Trustees). This was so that when the legislation passed, the appointment process would already be in place. The trustee by-laws were changed and the town agreed to appoint the future trustees.

In 1981, the trustees finally decided NOT to transfer its trust and remained a private entity. SO THE TRUSTEES IN WAREHAM HAVE ALWAYS HELD A PRIVATE TRUST. They were, however, appointed by the town since 1977 and follow all the rules and regulations in the MGL Ch. 78 regarding trustees and open meeting laws etc.  The public part is in doing their duty as a town board in its role in setting policy etc. for the library.

During the litigation, the judge asked the trustees what wills that the trustees received bequests from were written AFTER the town owned library opened in 1991. Only one was written for $13,000 after 1991. ALL OF THE OTHER MONEY IN THE TRUST WAS FROM WILLS WRITTEN PRIOR TO 1991.  Even so, the trustees generously agreed to give $50,000 of its trust to the town to create a new trust fund for the new trustees to be appointed. This was part of the library litigation settlement. The trustees also agreed to dissolve the 1891 corporation.

Of course, all of this information including copies of the wills were given to the lawyers at the onset of the case.  The final ruling was that the TRUSTEES HAD EVERY RIGHT TO GIFT THEIR FUNDS TO THE LEGALLY CREATED LIBRARY FOUNDATION since they were a private corporation holding monies in a private trust. The Foundation kept the major portion of its funds. 

Today in Massachusetts, 542 trustees are APPOINTED. 1500 are ELECTED and 455 are SELF-PERPETUATING.  Usually, but not always, the self-perpetuating trustees are private even if they serve a public library.

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#2 2009-10-20 13:23:52

Wareham BoS Mtg. 7/24/07



To view the rest of the meeting go to:
Wareham BoS Mtg. 7/24/07

PShooter
TAKEBACKWAREHAM

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#3 2009-10-20 15:10:39

Thanks for posting the meeting video on this thread PShooter.

Note how often Priscilla Porter tells the BoS that the trustees are perfectly willing to let the appointment process be changed so that the selectmen can appoint the trustees. They NEVER disagreed with changing their by laws to change the process they followed since 1977.  As I said on the other thread, all the BoS needed to do was immediately "appoint" the current trustees so they could fulfill the remainder of their terms, and then the BoS could appoint any new trustees from then on. It was as simple as that.

So, after two years of litigation, and many many tax dollars going to K and P, what is the result?

The BoS get to appoint new trustees.
And:
The town gets $50,000 to be put into a trust fund to be used only by the new trustees.

The town's insurance company pays $40,000 towards the trustee' legal bills, which basically recognizes that the trustees were legally sworn members of a town board since the town's insurance company does not pay legal bills unless an official town board is sued. In this case, ironically, the town's trustee board was sued by the very town that pays for the insurance.

The Friends get to keep the $75,000 given to them by the trustees for the purpose of eventually making Spinney a branch of the WFL.
The private corporation (board of trustees) gets dissolved (along with a piece of Wareham history).
The Foundation gets to keep the money it was given by the former trustees. (The Foundation will continue to support the Wareham Free Library with its carefully invested funds.)

AND THE TAXPAYERS GET TO FOOT THE K and P BILL FOR THE LITIGATION AGAINST THE TRUSTEES, FRIENDS, AND FOUNDATION.

Remember, the original suit brought against the town by the former trustees would have been covered by the town's insurance company as far as the taxpayers go. This litigation was totally unnecessary. And the library continues to be punished. When will it stop?

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#4 2009-10-20 15:47:06

Nora Bicki wrote:

In this case, ironically, the town's trustee board was sued by the very town that pays for the insurance.

Maybe not so ironic, after all..
..and, your welcome, it's my pleasure. Thank You!

"Get a lawyer. Sue them. That'll take care of it"

PShooter
TAKEBACKWAREHAM

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#5 2009-10-21 11:41:36

Someone asked me why the trustees brought the original suit against the town if the trustees were not opposed to letting the selectmen appoint them. Let me explain.

Notice that when the selectmen dismissed the trustees, included in the motion made by Bruce S was this: "Secondly, I would move to have the current treasurer of the Wareham Free Library Board of Trustees turn over all books, records and accounts to the town treasurer."

As I explained, the trusts were held privately and the judge magistrate eventually agreed to that fact. So turning over the accounts was not acceptable. In addition, the trustees, by the actions of the board, and the comments that followed, strongly believed that the dismissal was part of the ongoing vendetta against the library. The whole process should have been handled in a civilized manner where the trustees had been allowed to explain their history and appointment process and so forth.

If PShooter has the July 10, 2007 selectmen's meeting video, you can see how the selectmen blame all the town's fiscal problems on the fact that the townspeople voted to restore the library's budget at town meeting. The library was accused of "stacking" town meeting. The fact that we had no lifeguards, seasonal police, etc. was blamed on the "library lobby."  This went on for weeks and was part of the vindictive campaign against the library. Just look at the BoS meetings that followed that town meeting. I have the transcripts that our lawyers had when they were building our case.

The August 7, BoS meeting is the one where B. Eckstrom calls the trustees "a rogue body of citizens now that have got an attorney? Who gives them the right to use that trustees' money?" Then J. Potter says, "it's very close to money laundering if we find out that that's exactly what it is." And J. Donahue responds "I think that Mr. Potter's description of what is happening ...is a remarkable understatement." J. Cronan says"Shut the place down. That, you know, that'll end it."

So, the trustees felt they had no choice but to hire an attorney and claim a civil rights violation. The rest is history.

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#6 2009-10-21 13:54:34

Nora Bicki wrote:

If PShooter has the July 10, 2007 selectmen's meeting video, you can see how the selectmen blame all the town's fiscal problems on the fact that the townspeople voted to restore the library's budget at town meeting. The library was accused of "stacking" town meeting. The fact that we had no lifeguards, seasonal police, etc. was blamed on the "library lobby."  This went on for weeks and was part of the vindictive campaign against the library. Just look at the BoS meetings that followed that town meeting. I have the transcripts that our lawyers had when they were building our case.

The August 7, BoS meeting is the one where B. Eckstrom calls the trustees "a rogue body of citizens now that have got an attorney? Who gives them the right to use that trustees' money?" Then J. Potter says, "it's very close to money laundering if we find out that that's exactly what it is." And J. Donahue responds "I think that Mr. Potter's description of what is happening ...is a remarkable understatement." J. Cronan says, "Shut the place down. That, you know, that'll end it.

Nora, I have a couple in the works ahead of it, but I'll get the 7/10/07 meeting up in the next few days, hopefully.

I don't think I have the 8/7/07, so if anyone has it let me know, please....

Cronie, all of 'em, flush 'em.....

PShooter
TAKEBACKWAREHAM

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