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
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
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
Policy and bylaws violated by the Board............
ReplyDeletePolicy and procedure of Board of Selectman
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.
133-6
C.
In addition to any other remedy provided by law, this § 133-6 of the bylaws may be enforced by the Animal Control Officer, or any police officer of the Town, or the Board, through any means available in law or equity, including but not limited to criminal indictment in accordance with MGL c. 40, § 21, noncriminal disposition in accordance with MGL c. 40, § 21D and Subsection E of this section and, in instances of a violation of a nuisance dog or dangerous dog order issued pursuant to MGL c. 140, § 157, in accordance with MGL c. 140, § 157A, as may be amended from time to time.
§ 133-8
Board as hearing authority.
Any person may file a complaint in writing to the Board that a dog owned or kept in the Town is a nuisance dog or a dangerous dog. All such complaints shall be investigated and addressed in accordance with MGL c. 140, § 157.
The Board/TA presented an Agenda item under Ch140 Sec 146.
ReplyDeleteThe Chairman then opens the meeting under MGL Ch140~sec146
The Board then votes to constrain Dog owners rights under the incorrect statute and nobody says a thing.
The TA's answer is basically, well, we notified the parties under the right law, just because we prosecuted the case under the WRONG legal Statute and discharged our orders under the WRONG legal Statute that somehow the citizen still need to follow, really.................