The email policy for Templeton just may have been the result of some dumb moves by a town department head. (my opinion). Now for the Templeton municipal light and water department.
Massachusetts General law - chapter 164 section 56c:
Contracts of the commission; (light & water commissioners) filing with the town or city 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.
So according to the new Town public records policy, which is no longer on the Town website?? Guess they got tired of my commenting on their improper posting of costs for records, 5 cents per page. Since there is a letter from the Massachusetts DOR stating that the light and water are not a separate legal entity, I am going to ask to look at those contracts, such as the wind turbine one and see what I find, or not. They need to be there or a complaint (s) will follow to the secretary of states office and the Attorney Generals office and see if the Templeton municipal light and water department have to follow the law or not. I think since they have to come to the town meeting to ask to borrow money, that makes them part of the town and answerable for any contracts in place. Remember that even the building they have as headquarters was financed by town meeting approval.
I also believe Templeton has established case law, as in a light commissioner's wife could pick up his nomination papers so my brother should be able to pick up mine. If not, i guess it is off to court.
Templeton light once came to a board of selectmen meeting and said how they did something as an electric cooperative, under MGL chapter 164, section 47 c;
(j) Except as provided for herein, a municipal lighting plant cooperative shall be exempt from paying taxes, including, but not limited to taxes on its income and real and personal property situated within the commonwealth and owned by the municipal light plant cooperative; provided, however, that the cooperative shall agree, in lieu of property taxes, to pay to any governmental body authorized to levy local property taxes the amount which would be assessable as local property taxes on the real and tangible personal property if such property were the property of a domestic corporation; provided, further, that no such municipal lighting plant cooperative shall be allowed to commence any such operations allowed pursuant to this section or exercise any such powers pursuant to subsection (d) until such payment in lieu of taxes is executed. The cooperative shall pay all sales or excise taxes which are properly assessed on its business activities under this section to the extent such taxes are assessed against domestic corporations.
posted by Jeff Bennett
