#2 2009-12-17 22:00:00

Are they really that clueless?

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#3 2009-12-18 07:30:12

History Lesson:
Oct. 6: 60 days elapses from the mediation in August. This means the case is completely dismissed from the courts. The mediation becomes binding. Three days before this date (as I reported on another thread) the library parties get a call from the town's insurance attorney saying if we give the town $25,000 to buy a climate control unit for preservation of historical documents, the town will let the 60 days lapse. We refused!!!  (Sound like extortion to anyone??) The 60 days passed.

Oct. 12: The Friends attorney sent us the first draft of the release settlement agreement for the library parties to review. It was then sent to K and P and the town's insurance attorney and the MIIA (the company that will pay the trustee's legal bills for the town) attorney.

Oct. 30: K and P lawyer wants to add a provision stating that anything currently in possession of the library will be turned over to the town (including all the computers purchased by the Trustees and Friends). Since this was not in any of the mediation discussions nor in the transcripts of the settlement, we refused. She also wanted to add a few sections from the transcript into the agreement. Our lawyers did not see the need to do this since the entire transcript must be attached to the settlement agreement. IMO, a waste of time and more $$$ for K and P.

Nov. 6: We all agree that if K and P wants some transcript sections added, if that will get the ball rolling and get this done, we agree to add those sections and the revised agreement gets sent to all parties. (I assume the BoS, if they get any of this won't bother to read it since they all admitted under oath at the depositions that they don't read this stuff. But since the town spent approximately 80-100,000 in legal bills, I would certainly expect my elected officials who represent the entire town to read this. That's just my opinion.)

Nov. 19: Since we find out there is no account set up to receive the funds, the library parties add a clause to the agreement stating such.

Nov. 24: K and P lawyer says she checked with the town accountant and cuts and pastes the town accountant's email into the email to our lawyers saying Biz reminded her that she can't open a bank account until she has the funds on hand to deposit. Our lawyer, Phil B, offers a $10 donation to open an account so we can get this over with!!

Nov. 25: New Trustees are appointed.

Nov. 30: Our lawyers are notified that "the requisite separate bank account and general ledger account were opened and/or created today." by the K and P lawyer. (I'm still confused by the "reported" statements that these accounts were opened in mid October. Why would Biz say what she did on this date and on the 24th to the K and P lawyer who then relayed it to us. Curiouser and curiouser.)

Dec. 9: Email from our lawyers to all parties with the final agreement that is ready to be signed. K and P lawyer complains to our lawyer that she doesn't like what I've been saying about her and her firm publicly. (So if the BoS aren't reading this blog, who the heck sent the K and P lawyer the stuff I've been writing on this blog which is the only place I've made a public statement?? By the way, our lawyer said since the 60 days passed, we can say anything we want about the case, which, as you may have noticed, I have!!!)

Dec. 12-14: Library parties all sign three copies of the agreement. Former library trustees sign the dissolution papers prepared by their attorney as required by the mediation.

Dec. 15: BoS meeting--Huh? What's this about a settlement??? Is there something we have to sign?? 

HERE'S MY QUESTION: DOES K AND P HAVE AUTHORITY TO ACT FOR US, THE PEOPLE, THE TOWN, WITHOUT PASSING ANYTHING BY THE BOS SO THAT THE BOS ARE "CLUELESS"???  OR ARE THE BOS PLAYING GAMES???  EITHER WAY, IMO, VERY PATHETIC, UNPROFESSIONAL BEHAVIOR ALL AROUND.

Today: I still haven't heard if the BoS have signed the documents. I know our lawyers will let us know, and I'll pass the info along to you all, the people, the town of Wareham.

Last edited by Nora Bicki (2009-12-18 08:22:28)

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#4 2009-12-18 08:05:07

Malfeasance, misfeasance, nonfeasance...what a wonderful track record for K&P.
Someone needs to report them to the Mass. Board of Bar Overseers to see if any of those so called lawyers need to be disbarred.

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#5 2009-12-18 08:08:58

The witch hunt computer audit comes to mind.

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