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Explaining the Unexplainable (K&P Explain Away Law)

Chairman of the Board of Selectmen Jack Angley released the following opinion from Kopelman & Paige as justification for violating State Law. This opinion is at odds with the opinion provided to us by Gary Blau Tax Counsel for the Massachusetts Department of Revenue. No case law or statutory citation has been put forward that explicitly contradicts the language in Chapter 41 section 97A contract for a term of years not exceeding three years. We don't accept weak explanations as justification for a clear violation of State Law.

Read Kopelman & Paige Letter Explaining the Law Away

OBEY THE LAW!!


Police Chief Contract Violates State Law

Police Chief's Contract

The contract of Police Chief Arthur Parker has been extended until  2013 in clear violation of . General Law Chapter 41, Section 97A "... (appointments) shall be made annually or for a term not to exceed three years, as the selectmen shall determine." If you donít believe us read the Mass Department of Revenue email that agrees with us that 3 years is the Maximum not 6 years as the current contract reads. How is it that town counsel (Kopelman and Paige) did not advise Selectmen against a contract extension this past summer. We do not question Police Chief Parker or his job performance. We question Selectmen, Town Administrator LaFond and Town Lawyers for agreeing to a midnight contract extension that obviously violations state law and for their failure to revise the contract to comply with the law when questioned by citizen Dawn Padovani. We expect the Town to OBEY THE LAW.

Text PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE VII. CITIES, TOWNS AND DISTRICTS

CHAPTER 41. OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS

POLICE OFFICERS

Chapter 41: Section 97A. Police departments; chief of police; powers and duties

Section 97A. In any town which accepts this section there shall be a police department established by the selectmen, and such department shall be under the supervision of an officer to be known as the chief of police. The selectmen of any such town shall appoint a chief of police and such other officers as they deem necessary, and fix their compensation, not exceeding, in the aggregate, the annual appropriation therefor. In any such town in which such appointments are not subject to chapter thirty-one, they shall be made annually or for a term of years not exceeding three years, as the selectmen shall determine, and the selectmen may remove such chief or other officers for cause at any time after a hearing. The chief of police in any such town shall from time to time make suitable regulations governing the police department, and the officers thereof, subject to the approval of the selectmen; provided, that such regulations shall become effective without such approval upon the failure of the selectmen to take action thereon within thirty days after they have been submitted to them by the chief of police. The chief of police in any such town shall be in immediate control of all town property used by the department, and of the police officers, whom he shall assign to their respective duties and who shall obey his orders. Section ninety-seven shall not apply in any town which accepts the provisions of this section. Acceptance of the provisions of this section shall be by a vote at an annual town meeting.

Letter to Kopleman and Paige

DOR Legal Opinion

Length of chief's contract questioned-BROCKTON ENTERPRISE

 


Town Administrator Contract Violates State Law

Town Administrator's Contract

One may wonder why Town Administrator LaFond has been such a vocal defender of the contract of the Chief of Police. Look no further than his own contract which has been extended until June 30, 2011. Now read Mass general Law Chapter 41 section 23A which clearly states that the maximum term is 3 years. If you donít believe us reread the Mass Department of Revenue email that agrees with us that 3 years is the Maximum. There is no ambiguity here the facts are clear, OBEY THE LAW!

Chapter 41 section 23A link http://www.mass.gov/legis/laws/mgl/41-23a.htm

Chapter 41 section 23A text

PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE VII. CITIES, TOWNS AND DISTRICTS

CHAPTER 41. OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS

SELECTMEN

Chapter 41: Section 23A. Executive secretary or town administrator; appointment; tenure

Section 23A. A town may by vote or by-law authorize and empower the selectmen to appoint an executive secretary or town administrator who may be appointed by them for a term of one or three years and to remove him at their discretion. An executive secretary or town administrator appointed under the provisions of this section shall be sworn to the faithful performance of his duties. During the time that he holds office he shall hold no elective town office, but he may be appointed by the selectmen or, with their approval, by any other town officer, board, committee or commission, to any other town office or position consistent with his office. He shall receive such aggregate compensation, not exceeding the amount appropriated therefor, as the selectmen may determine. He shall act by and for the selectmen in any matter which they may assign to him relating to the administration of the affairs of the town or of any town office or department under their supervision and control, or, with the approval of the selectmen, may perform such other duties as may be requested of him by any other town officer, board, committee or commission.

 


A Potential Six Figure Taxpayer Liability!

Police Union Contract 

The Carver Police Union has been without a contract for 4 years. Rick LaFond estimates that the cost of a contract is $13,000 per percentage point negotiated per year. The town has not budgeted nor saved money to cover this huge liability. Three percent over 4 years means we potentially owe $156,000 in back wages to the union officers. Two percent over 4 years is $102,000 no matter how you slice it this is a six figure liability.

 

Last Updated 03/19/2015 03:44 PM

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