Templeton residents need to become involved, as in We the People!

A classic example of bad bylaw:

Town bylaw, chapter 47-4 (legal affairs, town counsel) select board is responsible for legal affairs and that includes appointing town counsel annually in June. The boards own minutes show they violated that bylaw by appointing town counsel in July (July 12, 2023) non criminal disposition bylaw, chapter 1, article II, subsections 1-7 / schedule of civil assessments, B - select board, 

A violation of the provisions of the Rules and Regulations of the Select Board:

(a) 

Fine allowed: $300.

(b) 

Fine schedule: as established in rules and regulations.

(c) 

Enforcing agent: Select Board or designee.

So if the select board is the offender and they are essentially, the judge and jury, how does that work? 

Town meeting can punish them by removing their pay. Town meeting can reject their budget. Town meeting can override the amounts they might propose to use to fund various town funds, as in town meeting could put more money away and give them less discretionary money to play with. It is the best card residents have to play.

 Email back and forth from Jeff Bennett to Town Admin and selectmen and police chief.

From: jeff bennett <j_bennett506@hotmail.com>
Sent: Thursday, September 14, 2023 1:16 AM
To: Adam D. Lamontagne <alamontagne@TempletonMA.gov>; Currie, Michael <mcurrie@TempletonMA.gov>; Rivard, Matthew <mrivard@TempletonMA.gov>; Griffis, Terry <tgriffis@TempletonMA.gov>; Toth, Timothy <ttoth@templetonma.gov>; Bennett, Mike <mbennett@TempletonMA.gov>
Subject: select board dog hearing

 

Wednesday, September 13, 2023, select board held a hearing which involved determine whether a dog was a nuisance or dangerous dog and there was a lawyer for town present, 2 police officers and animal control officer. The agenda lists the basis for the hearing as MGL chapter 140 section 146. My concern is does anyone read the law or check what is being used to hold such a hearing? Do the police and the animal control officer know the law which they are there for?

Section 146 deals with "a license valid throughout state; removal of dog into another town or city, whereas section 157 deals with nuisance or dangerous dogs; orders for remedial action; appeal; violation of order. I have to wonder if any order to the owner of said dog is valid when the wrong section of the law was used to prosecute a resident? 

 

regards,

Jeff Bennett

From: Adam D. Lamontagne <alamontagne@TempletonMA.gov>
Sent: Thursday, September 14, 2023 2:50 PM
To: jeff bennett <j_bennett506@hotmail.com>; Currie, Michael <mcurrie@TempletonMA.gov>; Rivard, Matthew <mrivard@TempletonMA.gov>; Griffis, Terry <tgriffis@TempletonMA.gov>; Toth, Timothy <ttoth@templetonma.gov>; Bennett, Mike <mbennett@TempletonMA.gov>
Subject: RE: select board dog hearing

 

Dear Jeff,

 

Thank you for pointing out that scrivener’s error.  Rest assured that the notice sent to the dog’s owner correctly referenced the law and the Board’s actions will be valid. 

 

Adam D. Lamontagne, MPA, MCPPO

Town Administrator

From: jeff bennett <j_bennett506@hotmail.com>
Sent: Friday, September 15, 2023 4:27 AM
To: Adam D. Lamontagne <alamontagne@TempletonMA.gov>; Currie, Michael <mcurrie@TempletonMA.gov>; Rivard, Matthew <mrivard@TempletonMA.gov>; Griffis, Terry <tgriffis@TempletonMA.gov>; Toth, Timothy <ttoth@templetonma.gov>; Bennett, Mike <mbennett@TempletonMA.gov>
Subject: Re: select board dog hearing

 

The scrivener's error?? Just who is responsible for creating the agenda for select board meetings, key word, responsible, as in it is possible to delegate authority but not responsibility, anyone who has served in military knows that one. Fact, in the select board operating procedures policy, page 2,it very clearly states "B. Preparation of Meeting Agenda & Packet: The Town Administrator shall cause the preparation of meeting agendas, in consultation with the Chair, and information packets and shall make the requirements thereof known to persons who may have business before the Board." So do not go giving me a scriven made an error, it falls on the town administrator and the chair and since you all failed again, you should at least own up to it. With all of your education, you should be able to admit you all goofed again. It is a pattern that is so obvious. As for Harrington, his firm and your lawyer, wrong again!

regards,

Jeff Bennett