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
OBEY THE LAW!!
Police Chief Contract Violates
Police Chief's Contract
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.
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE VII. CITIES, TOWNS AND DISTRICTS
CHAPTER 41. OFFICERS AND EMPLOYEES OF
CITIES, TOWNS AND DISTRICTS
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
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
Chapter 41 section 23A text
ADMINISTRATION OF THE GOVERNMENT
TITLE VII. CITIES,
TOWNS AND DISTRICTS
CHAPTER 41. OFFICERS AND
EMPLOYEES OF CITIES, TOWNS AND DISTRICTS
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
A Potential Six Figure Taxpayer
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.
03/19/2015 03:44 PM