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Middleboro Review 2

NEW CONTENT MOVED TO MIDDLEBORO REVIEW 2

Toyota

Since the Dilly, Dally, Delay & Stall Law Firms are adding their billable hours, the Toyota U.S.A. and Route 44 Toyota posts have been separated here:

Route 44 Toyota Sold Me A Lemon



Thursday, February 5, 2009

Executive Meeting Minutes on Middleboro's PTWS

Executive Session Meeting Minutes were requested in 2007, and a few may now be found on the PTWS here.
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Information regarding the law may be found here MMA and Public Records Division.
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What is distinct in the Massachusetts statute is:
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Every government record in Massachusetts is
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presumed to be public
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unless it may be withheld under one of sixteen exemptions.
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Of Executive Sessions, the Guide says:
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Minutes of executive session meetings must be
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reviewed and released regularly and promptly.
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Executive session minutes must be released to the public as soon as the stated purpose for the executive session protection has ceased.
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After I filed a Public Records complaint with the Secretary of State's Office because of the refusal of the Board of Selectmen to make Executive Session Minutes available, I had several conversations with the attorney handling the matter for the Commonwealth.
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He indicated that he has provided a 'forum' in other towns that includes Open Meeting, Public Records and Archive statutes to enlighten officials about their responsibilities to uphold the statutes.
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He offered to provide that same 'forum' in a conversation with the Middleboro Town Clerk and in writing in a letter that included the Board of Selectmen.
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It would be my hope that the Board of Selectmen would not only take him up on his offer, but widely publicize it, and have it broadcast on ComCast, so that the public and other towns would attend.
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Understanding these statutes can only lead to improved transparency and increased participation.
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Although [Mr.] Rogers said past boards did not know that state law requires the minutes be released once the issue has been resolved, let's not continue to use ignorance as a convenient excuse when the information is available and the state is willing to provide further details to you.
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The Brockton Enterprise published the following: Middleboro selectmen release executive session minutes
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“It’s one of the first issues I addressed as chairman,” said board Chairman Patrick E. Rogers, who added he was relieved to make the minutes public. “We released them finally.”
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Rogers, who replaced Adam Bond as board chairman last week, said there is a plan to continue releasing details of the sessions on a regular basis.
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The Guide says the following:
A Guide to the Massachusetts Public Records Law 􀁹 42
(2) Promptness of Access. Every governmental entity shall maintain procedures that will allow at reasonable times and without unreasonable delay access to public records in its custody to all persons requesting public records. Each custodian shall comply with a request as soon as practicable and within ten days.
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Somehow, the ten day requirement doesn't seem to equate to the time table of the Middleboro Board of Selectmen.
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The article goes on to say:
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Jacqueline Shanley, the selectmen’s administrative assistant, said those who want minutes from executive sessions must file a written request under the Freedom of Information Act.

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Page 7 of the Guide offered by the Secretary of the Commonwealth said this:
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What is the difference between the federal Freedom of Information Act (FOIA) and the Massachusetts Public Records Law?
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The federal FOIA is a statute that applies to federal records. The Massachusetts Public Records Law applies to records created by or in the custody of a state or local agency, board or other government entity.
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Were the Board of Selectmen to provide an informational forum that presented explanation of the pertinent statutes and allowed questions and answers, many of the mistaken ideas could be clarified.
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When I requested the information that was used to determine the increased rates charged to water ratepayers, I was told that no information existed in the Selectmen's records. That information was presented by Patrick Rogers from his laptop. After requesting the information from Mr. Rogers twice, he finally informed me that the information was no longer available.

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A number of Middleboro residents have requested documentation that doesn't exist in the Town Hall archives. The following appears to be the appropriate governing portion of the statute:

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A Guide to the Massachusetts Public Records Law 􀁹 33
3. Original Records Created Outside of Municipal Offices

a. Whenever original public records are created outside the municipal offices, they shall be transferred on a regular and frequent basis to secure storage in the municipal building.
b. If secure storage is available in the records custodian’s private office or home, then copies of the records shall be maintained in the municipal building, with the originals stored in secure storage at the records custodian’s private office or home.
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Of the delay ---

....selectmen “always have other things to do, so it just wasn’t prioritized,” Rogers said.


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It's time for Middleboro officials to accept their statutory obligations, inform themselves of the governing statutes and comply. If you don't have the time to devote to the job, you might consider not running for the office or resigning.
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The following offers a brief indication of the expertise of the Middleboro BOS and the continued existence of the PTWS, in spite of offers to provide a web site FREE OF CHARGE that was ignored. It seems that someone's ego is more important than providing transparency and information to residents:

BOS email and web sites

15 comments:

Anonymous said...

Posting the information from the 'guide' made the issue much clearer to me. I thought you were just whining when you were protesting the issue.
The whole town needs an education in the issues and they'll probably ignore it as they do everything else.

Anonymous said...

OMG! I hope everyone reads what's posted. There are comments in there everyone needs to see. Where are the rest?

Anonymous said...

The minutes about the town accountant were interesting, like the part when he completed the negotiations and said he wanted to work 4 days a week. He got 5 weeks vacation.
He gets a town vehicle? For what? His job shouldn't require him to leave the office. That's how we got where we are financially.
Disgusting!
All of the towns contracts should be posted on the PTWS so people know where the money goes.

Anonymous said...

Does Pat Rogers think about what he says before he says it? Clearly not. Learn your job, Pat. You've been there long enough. As I remember you only got elected by 100 votes. Pretty pathetic and clearly not a mandate. Time to get your act together if you want the pension credits you're after.

Anonymous said...

No wonder they were resistant to releasing the Executive sessions. There are issues in there that don't belong in Executive sessions according to the open meeting laws and comments that make them look like the fools they are.

Anonymous said...

The executive sesions say that the town acountant would get a percentage raise to be included in his contract but he pluged a higher number in his budget. And no one noticed.

Anonymous said...

The best thing that ever happened to this board is that you criticized them which nobodt else ever did. Keep bringing these issues to our attention.

Anonymous said...

yeah check out the fire grievance, look
what four got to keep overpayments! gee
aren't they the same people who are running the department with the interim? Has anyone heard that 4 of
them went up to NH looking for the first
fire chief candidate. Do you think it is more than a residency issue that he didn't take the job! curious if the rumors are true why weren't they fired
or at least demoted?

Anonymous said...

What was the fire grievance? Which firefighters got to keep the money? Who were the ones that went to NH regarding a new chief? Shouldn't that have been the BOS members and the town manager? Doubtful those were the ones that took the trip to NH. They aren't fired nor demoted because this is MIDDLEBORO. Baasically the department heads are still running the town, the bos and the show. That in a nut shell is why. Why wasn't George Andrade considered for the chiefs position? He was I do believe the only one qualified. He should have pulled the race card on that one. George is a good as well as honest man and fire department. He does not get involved in the cat fights. He is one of the FEW men (women) of honor at the fire department. Debbie Burke too is a good, honest, member of the department. Could it be they won't join in on the wrong doings that are and have been for years going on there?

Anonymous said...

I know you must be otherwise occupied, but I hope you'll comment on the bos meeting. Cristello has been served some major koolaid to defend the bos after years of residents protesting about the web site and email addresses and everything else they discussed.
It's hard to believe Hingham tolerated this conduct. Their web site is stellar.

Anonymous said...

OMG! You need to blog about bos.
They dont read the blogs but they read the blogs! Hysterical! God we need to get rid of these people!

Anonymous said...

No one had ever criticized the BOS until you came along.
I loved the comment about not reading the blogs. Yeah, right!
Keep it up! You changed a few things and at least they're reading the blogs.

Anonymous said...

No one recaps the bos meting like you. Wathing the clowns you havent given a transletion of it what did Alen Frewly mean? Dosnt make scents to me. blog stuff they never reed? a joke
it wasnt til you posted that they waken

Anonymous said...

How can each meeting of the BOS get progressivly worse? I voted for you. Will you run again?

Anonymous said...

How do we change this Board? We watched the meeting. They're unprofessional and an embarassment to the Town.
Where are the rest of the Executive Sessions?