Friday, January 6, 2017

State agrees to reopen a public records appeal by Jeff Bennett, 

The item is in regard to Massachusetts state law, chapter 164, section 56c, which states all contracts between the town and any other separate entity (to include contracts done on behalf of the town through the Templeton municipal light department) must be in the hands of the Town accountant, in a separate book so any resident can look at said documents. One item sent to the state was a letter from the MA DOR that stated, among other things, that with regards to MGL chapter 164, Templeton light is NOT a separate legal entity. Hopefully, Templeton selectmen will be informed that they too must follow the law. Of more importance, the law actually means something. We will see how this goes. My question is this; why would the selectmen not wish to follow the law? If they do not follow thiis law, how can Templeton people have any confidence that the selectmen are following the law concerning municipal finance?

Massachusetts General Law chapter 164;
Section 56C: Contracts of commission; filing with city or town auditor; preservation; public inspection; penalty

Section 56C. Every municipal light commission or manager thereof, who makes or executes a contract on behalf of a municipal lighting plant, where the amount involved is five thousand dollars or more, shall furnish said contract or a copy thereof to the city or town auditor within one week after its execution. Said city or town auditor shall keep such contract or copy on file, open to public inspection during business hours. Such contracts or copies shall be kept in a separate book, arranged according to the subject of the contract, or in other convenient form. An index of the subject matter of the contracts and to the names of the contractors shall be made semi-annually, and shall also be open to public inspection in some convenient form. All allowances under and additions to such contracts, or copies thereof, shall be filed with the city or town auditor, together with a sworn statement of the officer making such allowances or additions that the same are correct and in accordance with the contract. A city or town auditor, municipal light commissioner or manager wilfully failing to comply with this section shall be punished by a fine of not less than ten nor more than one hundred dollars.

Is there a copy of the latest contract to construct a new water tank, which was approved at a town meeting of Templeton where borrowing was approved for this project.

posted by Jeff Bennett

2 comments:

  1. I sincerely doubt our Board of Selectmen will do anything to make the Light and Water Departments be more open and honest. It does seem that this Department has a long reach, but what is new ? When you have three out of five Selectmen within L & W's reach, how does anyone think things will improve ? This is my opinion, but if you think about, you may agree. Bev.

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  2. Davis Smart has been after the Light Department to follow the rules for many years, especially when this rule comes in. They ignored him, just like they will ignore you.

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