At last week's BoS meeting, we learned that the town had not received the $50,000 from the former trustees as part of the mediation settlement.  I blogged that I had a copy of the check dated 12/31/09 that was sent to the town's counsel, Peter Montgomery. So I was quite confused as to why the town had not received the check. For those just joining this blog, or for those needing a little refresher, here is the time line of events.

August 3--mediation took place in Federal Court in Boston. A 60 day deadline was given at which time the case would be officially dismissed by the courts. The case is to be dismissed on Oct. 6.

Oct. 3--the three library parties involved are told by their lawyers that the town is now demanding that the library parties give an extra $25,000 to the town to purchase a climate control unit to store historical documents and it will let the 60 days evolve without further issue. The library parties refuse to give the extra $25,000 (which in my opinion is clearly an extortion attempt) and the time elapses and the case is dismissed.

The lawyers draft a document that releases all parties from further litigation on the matter and sets deadlines for which all aspects of mediation must be finalized.  K and P's attorney Randazzo tries to add sections to this agreement that were not agreed upon in mediation. She then insists that certain sentences from the mediation document be added to the final document even though the mediation agreement must be attached to the document. Our lawyers relent and add those sections. The result is time and taxpayer dollars are wasted yet again.

All library parties sign the agreement.

Dec. 16--BoS meeting goes into executive session to discuss/sign document.

Later that week, the library parties ask their lawyers if the BoS signed the document. They are stonewalled by the town's attorneys and can not get an answer as to whether or not the document was signed (I have emails to prove this.)

Tacky tabloid writer leaks exec. session decision by the BoS to NOT sign the final agreement.  Our lawyers are finally able to verify this through the town's counsel. We also learn that the BoS have had Atty. Randazzo removed from the case.

Dec. 31st--Library Atty. Beauregard sends the $50,000 check to Atty. Peter Montgomery (the town's indemnity insurance lawyer).

Feb. 15--we learn that the town has not received the check. So, we immediately contact our lawyers.

Feb. 20--we learn that the BoS has finally signed the agreement (I have a copy of it).

Feb. 21--Attorney Peter Montgomery admits that he has had the check since January. Why he has not turned that check over is anybody's guess. But as a taxpayer, I think he owes the town two month's interest. To explain why our lawyers did not just send the check to the town--apparently, in legal cases, lawyers are not allowed to have any contact with opposing counsel's clients. Hence, the check, although made out to the town, was sent to the town's attorneys.

As you can see, the library parties were in full compliance with the mediation agreement and once the check was sent, we had considered the case closed.