Paul DeRensis

To  jpb01468@comcast.net 

I haven't seen any of this

Sent from my iPhone

On Mar 17, 2016, at 6:02 AM, jpb01468@comcast.net wrote:

Paul, I am wondering if these articles have been forwarded to you? Hope to see you at the special Town Meeting. Jeff Bennett From: "Robert Markel" <townadministrator@templeton1.org> To: "Mark Barrieau" <mbarrieau@verizon.net>, "Bev Bartolomeo" <bartsfarm@comcast.net>, "Katharine Fulton" <fult…

<March 21, 2016 STM Warrant w. Motions.docx>

 pderensis@aol.com

To  jpb01468@comcast.net 

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Jeff:

 

I asked the town administrator about the special town meeting warrant, and he advises that Bond Counsel assisted with the borrowing articles, that he is trying to save money so he felt it unnecessary to have two counsel review the same issues, that there is a procedure in place in the town such that requests for counsel are to be presented to the Town Administrator for approval before any work i undertaken, etc. etc.. However, he did invite me to attend the special town meeting on Monday night.

 

Hope all is well with you

 

Best regards,

 

Paul

 

In a message dated 3/17/2016 8:09:49 A.M. Eastern Daylight Time, jpb01468@comcast.net writes:

I am concerned about the legalities of the first article giving a department authority to borrow on behalf of Town. Regards; Jeff Sent from my iPhone On Mar 17, 2016, at 8:04 AM, Paul DeRensis <pderensis@aol.com> wrote: I haven't seen any of this Sent from my iPhone On Mar 17, 2016, at 6:02 AM,…

posted by Jeff Bennett

Massachusetts general law, chapter 39 - section 10:


The selectmen shall insert in the warrant for the annual meeting all subjects the insertion of which shall be requested of them in writing by ten or more registered voters of the town and in the warrant for every special town meeting all subjects the insertion of which shall be requested of them in writing by one hundred registered voters or by ten per cent of the total number of registered voters of the town whichever number is the lesser. The selectmen shall call a special town meeting upon request in writing, of two hundred registered voters or of twenty per cent of the total number of registered voters of the town, whichever number is the lesser; such meeting to be held not later than forty-five days after the receipt of such request, and shall insert in the warrant therefor all subjects the insertion of which shall be requested by said petition. No action shall be valid unless the subject matter thereof is contained in the warrant. Two or more distinct town meetings for distinct purposes may be called by the same warrant.


Do not blame the lawyer if the wording on a petition is incorrect or illegal. It is the responsibility of the petitioners to ensure what they want or ask for is correct and legal.


Why can’t the Town write citizen petition articles and motions?

While the Town in certain instances can give advice on matters, it is generally not considered appropriate for the Town to write citizen petition articles or motions. Citizen petition articles are the citizens right to petition government. Sometimes they may involve matters which the local government leadership does not support or feel are appropriate. Therefore, to have the Town involve itself too directly in such petitions by writing the article or motion would potentially cause too much intermingling of the government into the citizens’ affairs. This is especially so if there was to be a challenge or dispute over the citizens’ article or motion. In appropriate cases, suggestions can be made.

posted by Jeff Bennett