Public Disclosure

My household has a legal dispute with the town which consists of an appeal of a zoning ruling, and a 258 letter. A 258 letter is a written notice of claims to a public employer, such as a town, which gives the public employer an opportunity to respond before the claims become a civil action. The origin of the dispute is that town employees took extraordinary action in response to a fraudulent complaint made by a disgruntled contractor attempting to extort money in violation of MGL chapter 142A section 17.

MA Conflict of Interest Law

Being a Selectman while having a legal dispute is not a conflict of interest because public employees cannot deliberate or act on any matter that they have a personal stake in. Therefore, I would be prohibited from participating in or discussing the legal matters with the other select board members as well as prohibited from voting on anything in regards to such cases. The State Ethics Commission enforces Massachusetts conflict of interest law and provides guidance to public employees. It is routine for public employees to contact the State Ethics Commission for guidance.

What Happens When the Town Receives a Civil Action Against It?

Civil actions which are brought against the town are handled by the town’s insurance company. The insurance company pays any settlement or damages awarded, and has its own lawyers to service claims, similar to auto and home insurance.

The Select board’s Role in Prevention

My policy is that the Select board should be responsive to residents and business owners who contact them with complaints. Issues which are addressed early can often be resolved before they progress into more complex disputes. The need for the town to be more responsive to residents is one of the reasons I am running for Selectman. I believe that my personal experience seeing a side of the town that other officials may not have seen gives me a unique perspective on the Board and greater than average understanding of the nuances of the bylaws and MGL.