No matter how anyone tries to frame it, the Templeton advisory committee did not follow town bylaw, as in violated the bylaws of Templeton on September 20, 2023 during which the committee discussed and voted against a transfer from the town reserve fund.
Templeton town bylaws clearly state:
The Advisory Committee shall meet jointly with the Select Board whenever there is a request to consider adjusting spending limits on any revolving fund, any end of year financial transfer or any request of transfer from the Town reserve fund.
Failure to follow bylaws, policy, state law, etc., leads to a lack of trust in any entity. I hope this committee that is supposed to look at financial issues especially and at all articles for any town meeting, annual or special objectively and independently from the TA or selectmen, gets back on track and follows the bylaws of the town, which were voted on by the people of Templeton, which if one looks at history, finance committees were started and later mandated by state law, with the aim of helping people at town meeting have an understanding of what is being asked of them and what are the pro and cons of each article. Hard to trust any recommendations from an entity that fails to follow a simple bylaw.
I heard John Caplis justifying his error last night and was disgusted.
ReplyDelete4/28/22 a 4-1 vote by Advisory at their pre town meeting to approve said bylaw change. John Caplis Chair with Nowell Francis and Mike Euvrard all voting yes.
https://docs.google.com/viewer?url=https%3A//www.mytowngovernment.org/download%3Fdocument%3DahNzfnRvd25nb3Zlcm5tZW50LWhychoLEg1Eb2N1bWVudE1vZGVsGICAwMj5rJgKDA%26view%3DTrue%26.pdf
All 3 of the members of this committee voted to approve a bylaw 1 1/2 yrs ago and justify not following after they screw up.
Now it needs to be changed.............lol
How about we do something really cool and change the idea that following these bylaws is "optional" and start laying down the $300.00 fines we voted for violating bylaws..........
Why have penalties for not following bylaws if the two main financial Committee/Boards never, ever, follow them.
Corruption shows its face in many ways. This is one of them!
"If we would have approved it then we would need to meet with the Board" but since it didn't even qualify after our review, well, .........................lol
ReplyDeleteNow according to Mr Caplis I guess we need to hold different meetings depending on the the outcomes of the meeting? Huh?
We need to have Joint meeting if we approve, but if we deny we can just do it as individual meeting. What the heck kinda since does that make? It's really odd listening to people justify bad behavior.
Can't believe Mr Caplis even believes what He said...............but, this is Templeton........lol
Mr. May,
ReplyDeleteThere is no merit in your complaint. I had a conversation with Advisory Committee Chair Caplis and he told me that no form was filled out for use of reserve. In this particular case that you speak of, the Advisory Committee went over criteria and educated the possible requestor. Should the request met the criteria then I’m sure the Advisory Chair would of spoke with the Select Board Chair to call a joint meeting.
Adam D. Lamontagne, MPA, MCPPO
Town Administrator
ReplyDeleteMr. LaMontagne,
You want to base your job off of Mr. Caplis's interpretation, enjoy. You spoke to Caplis about the complaint and adjudicated the matter single handedly while being under the supervision of the overseeing Select Board, interesting. Really something.
Rather curious how we have an agenda item:
f. Action RE: Reserve Request Parks and Rec commission
and we have meeting minutes, with VOTE ON TRANSFER which I included.
Your assurances after speaking with Mr. Caplis mean nothing as Mr. Caplis is Ethically challenged as town history shows.
Do your job,
Robert May
Original Complaint:
ReplyDeleteAccountability Shall come to Templeton by design or by demand.
On or about September 20, 2023 the Advisory Committee did hold a public meeting in the Conference Room of Templeton , MA Town Hall.
Agenda Item F of that meeting was a request for funds from Town Reserve. The Advisory spoke to this issue, made motion, voted on said Article. 3-0 opposed.
This Committee is staffed by 2 retired Military Officers and a listed inactive member of the Bar for 42 years. No amount of justification makes this acceptable from these gentleman.
Templeton Bylaws state:
§ 9-6
Meetings.
The Advisory Committee shall meet jointly with the Select Board whenever there is a request to consider adjusting spending limits on any revolving fund, any end of year financial transfer or any request of transfer from the Town reserve fund.
After this agenda item was voted on. Advisory apparently not satisfied with their option decided to write a letter to the Select Board ( possible reason for bylaws joint meetings) in support of an alternative idea not within the agenda.
Shown below is the penalty listed within the Town Bylaws.
§ 1-4
General penalty.
Whoever violates any of the provisions of these bylaws whereby any act or thing is enjoined or prohibited shall, unless other provisions are expressly made, forfeit and pay a fine not exceeding $300 for each offense.
I'm requesting you do your job now.
Have a nice day,
Robert May
I went searching high and low to see if this could possibly be the process. You'll see in the blow response to the Town Administrator denial that not only does He not have any jurisdiction over my complaint, but He has no authority in this area whatever....He was out of his depth, scope and Official duties when He denied my complaint.
ReplyDeleteThe email to Town Administrator will be in next comment as it wont fit.
To whom it may concern,
ReplyDeleteI filed a complaint today with my local Select Board regarding the Advisory Committee meeting on September 20, 2023.
If you would like more information regarding filing I can forward at a later date. I will say briefly that John Caplis is the Advisory Chair and Adam Lamontagne in Templetons Town Administrator.
After filing my complaint I received the following email from Mr. Lamontagne.
-----------------------------------------------------
Mr. May,
There is no merit in your complaint. I had a conversation with Advisory Committee Chair Caplis and he told me that no form was filled out for use of reserve. In this particular case that you speak of, the Advisory Committee went over criteria and educated the possible requestor. Should the request met the criteria then I’m sure the Advisory Chair would of spoke with the Select Board Chair to call a joint meeting.
Adam D. Lamontagne, MPA, MCPPO
Town Administrator
========================
I'm hoping my concern is already apparent to whomever is reading this, but in case it isn't I'll explain.
I file a complaint with the adjudicating body under Templeton SelectBoard Policy and Procedure and as indicated in the bylaws. I then hear from the Administrator, the person who is charged with the "day-today" business of Templetons Departments, not a Policy Authority regarding the Advisory Committee of Templeton.
From our Policies:
- The Executive Function which rests in a five (5) member Select Board1, whose members are elected at-large to staggered three-year terms, charged with the execution of powers conferred upon it by state law and local by-laws giving it the authority to grant certain licenses, exercise certain police powers and adopt policies to order the affairs of Town government.
- The Administrative Function which is carried out by the Town Administrator (the "Administrator") who serves as the Chief Administrative, Financial, Personnel and Procurement Officer of the Town to manage the day-to-day operations of town government in keeping with the by-laws of the Town and policies adopted by the Board.
Not only does Mr. Lamontagne violate the Policy that governs him, but completely sidelines any confidence that and reasonable decision is to be had within this chamber. Mr. Lamontagne has effectively snatched the Authority given the SelectBoard for his own and abused my due process in the process. No mention of the Town Administrator even exists under legal affairs' in our bylaws which informs me that He has no authority in legal matters on his own standing.
It would also appear that I am being denied my petition to redress my government. It is being denied by Mr. Lamontagne with the input from Mr. Caplis which would appear to violate 43 U.S. Code , section 1983 and Title 18 U.S.C section 242.
This feels wrong to me. What right does Mr. Lamontagne have to determine anything other than when He forwards the email to the Chairman of Select Board and Atty Office.
Respectfully,
Robert T May
137 Shady Lane
Templeton , MA 01468
Referenced bylaws:
ReplyDelete§ 47-1
Authority to institute and defend claims.
[Amended 6-17-2020 ATM by Art. 9]
The Select Board (Board) shall be agents of the Town to institute, prosecute and defend any and all claims, actions and proceedings to which the Town is a party or in which the interests of the Town are or may be involved.
§ 47-4
Town Counsel.
[Amended 8-31-1978]
B.
It shall be the duty of the Town Counsel to conduct the prosecution, defense or compromise of claims, actions and proceedings to which the Town is a party, and the prosecution of actions or proceedings by or on behalf of any Town officer, board or committee as such; to conduct the defense of any action or proceedings brought against any Town officer, board or committee as such when the Board, having determined that any right or interests of the Town are or may be involved therein, shall so request; to conduct proceedings brought by or against the Assessors before the Appellate Tax Board; to assist in the prosecution of complaints for violation of any bylaw of the Town, when requested so to do by the board or officer enforcing the same, to examine and report upon titles to all land to be acquired by the Town; to prepare or approve contracts, bonds, deeds, and other legal instruments in which the Town is a party or in which any right or interest of the Town is involved; to appear at any and all hearings on behalf of the Town whenever his services may be required; and generally to advise and act for the Town officers, boards and committees upon and in legal matters touching the duties of their respective offices.
Response from TA is interesting, both TA and advisory chair need to read the bylaw again, any reserve fund request, no mention of approval or not. If there is a reserve fund request, there is a joint meeting with selectmen and advisory committee, that is a directive from the legislature of Templeton, as in town meeting.
ReplyDeleteYup, I didn't even get how that was suppose to happen.
ReplyDeleteWe need to know the results of the vote, before we can schedule the meeting to take a vote.
It really does sound like Templeton logic.............
Now the Administration is complaining about requests for info. How else can a Templeton Resident Get the truth?
ReplyDeleteAdministration tells multiple versions of same event and does not expect questions. Telling the truth is free!
I asked the AG office for help in forcing the Select Board to do their job. Follow Policy, Procedure and bylaws.
If they did Parks and Recreation wouldn't be in the predicament thy are in.
Our Selectboard wouldn't be on every committee that handles money.
We'd have contracts that were not expired for months , then they are told.
Our EDIC might be legit.
But, Mike is the Chair, Mr. Accommodator who ads words and dilutes meaning, destroys town.
Seems like our assistant TA is up to the old tricks again.............. They are going to be distributing Scarlett letters to all who ask to many questions about FTM?
ReplyDeleteOur office has been receiving daily public records requests this week which has triggered a queue.
Each will be handled on a first come, first serve basis within the allowable time. We have a couple
habitual records requestors in Town. I will be looking into the possibility of adding a part-time
public records access officer/archivist position for the Town to respond to each accordingly. I will
be examining with the Chair to see if we should post a log within the Weekly of the requestor’s
name and whether they were assessed a fee or not.
Complaining about doing their job. They already have hired someone for much of this stuff, Like Requests for info, Town Website updating, but they keep failing to do it.
I will gladly wear a Scarlet A while questioning a government that is lacking in transparency.
Sign me up, If you just want to have more requests
In the way of public info. Just so you know. If you meet the following criteria you can request info FREE of any charges.
A. You receive public assistance under one of the following programs:
Massachusetts Transitional Aid to Families With Dependent Children;
Massachusetts Emergency Aid to Elderly, Disabled & Children;
Federal Supplemental Security Income;
Massachusetts MassHealth (formerly Medicaid) or
Massachusetts Veterans Benefits;
OR
B. Your income, after taxes, does not exceed 125% of the current Federal Poverty Line. See Poverty Threshold Guidelines for a chart of income by family size.
OR
C. You cannot pay the court fees or costs without depriving yourself or those who are dependent on you of the necessities of life, including food, shelter and clothing.
Links to forms for anyone interested
https://www.mass.gov/doc/affidavit-of-indigency/download
https://www.mass.gov/doc/supplement-to-the-affidavit-of-indigency/download