Wednesday, February 22, 2012

If You Can’t Beat’em, Bleed’em

Ken O’Brien

Last Friday I informed you of the tactics of the town and its attorney to delay and intimidate the citizen taxpayers of this town who filed suit relative to the illegal composition of the Board of Health.

Well, despite the fact that the matters at issue are purely a matter of law, they haven’t stopped at attempting to use legal maneuvers to delay a decision and make it difficult, if not impossible, for the citizens who filed this suit to continue.

A short while ago I received the following email from our attorney, Kirstie Pecci:
I received notice from the Court that we are being required to pay $1,455.00 of the Town's costs because we were unwilling to attend the Depositions they scheduled the week before Christmas.  I tried to have them rescheduled, or avoid them altogether by agreeing to a set of facts (there are no facts at dispute in this case, after all) but the  Town is unwilling to avoid a costly discovery process.

As I explained to the Court, and the Town's counsel, I have been  trying to handle this case as efficiently as possible to keep  everyone's costs down, and focus on the 3 vs. 5 issue in the Charter. 

The judge characterized the Town as playing, "hardball," so I think we  have to respond appropriately.  Therefore,

1.  We have to reply to their requests for documents and questions.  
IF YOU HAVE ANY DOCUMENTS OR INFORMATION THAT SPEAKS TO THE 3 VS. 5  ISSUE IN THE CHARTER, OR WHY YOU ARE HARMED BY THE ILLEGAL EXPANSION  OF THE BOH, PLEASE LET ME KNOW ASAP.  I am going to answer their requests next week.

2.  Despite the fact that I filed a motion for summary judgment (saying that there are no facts in issue, that the case can be decided  right now) I think we need to request documents and ask questions of  the Town.  IF YOU KNOW OF ANY SPECIFIC DOCUMENTS OR TYPES OF DOCUMENTS THAT WE SHOULD ASK FOR, OR ANY MEETINGS/INCIDENTS WE SHOULD ASK ABOUT, PLEASE LET ME KNOW ASAP.  (One example that occurs to me is the Town Manager’s repeated meetings with BOH members, when he was trying to  intimidate them)

3.  Finally, I hate to ask, but I do need some funds to cover the $1455 and the copying/postage costs.  PLEASE SEND ME $70 to $100 IF YOU CAN, ASAP.  I plan on paying the Court next week, and I have already spent about $350 in copying costs and postage.

I've attached a copy of the Motion for Summary Judgment so you know what’s been done so far.  The Town would rather fight a war of attrition than resolve this quickly, so unfortunately, they've left us no choice but to proceed with a full-fledged discovery process.  It’s just a shame because those are your tax dollars that are being wasted.

I’ve already agreed to chip in $100. I hope you’ll join me.



11 comments:

  1. what type of docs is she asking for?

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  2. Sounds like the town is resorting to old school intimidation on the tax payer dollar. What they're really doing though is upping the ante for themselves. Hope the inconvenienced taxpayers return the favor and schedule Clark, Morin, O'Leary et. al. for some under oath payback.

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  3. Stephanie:
    I am sending attorney Pecci copies of correspondence I had with Ass’t Attorney General Kelly Gunagan and State Rep. Alicea on this subject when I was a town councilor.

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  4. Hi Ken. I don't know if this would help but perhaps you can request the town manager to provide you with any documents that detatil discussions he had with Caprerra regarding the BOH. I know when I made my point of order Chris suggested in the SEN that the action would need to be reviewed by town counsel. What were the results of that review and on how did Rob decide Chris has the authority to propose a change in the composition of the BOH that could be ratified by a majority vote of the council? Also, has there been any correspondence between the town and Casella's attornies regarding the BOH?

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  5. It's David versus Goliath. Goliath wins--again. This is embarrassing. Throw in the towel.

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  6. As I recall, the reason we know the story of David and Goliath was precisely because of his persistence. No?

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  7. Yes, but if David lost to Goliath this many times, he would have done the honorable thing and walked away rather than look like a fool.

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  8. I smell fear that people who want to hide behind the shield of anonymity realize that this is a losing proposition.
    If not, why won’t their legal representatives stop the legal delays and let this come to a decision based on the law?
    Instead, they steal the public’s tax dollars, mine included, to postpone a decision in the hope that the charter amendments rammed through by the rump council will be adopted and make this a moot issue

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  9. Because our side is smarter than yours.

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  10. So what happened at the "super-secret" meeting of United Southbridge? They going to try to move us back to 1972? Run Amelia "Forrest Gump" Peloquin for Town Council? Please tell me yes, as I'm LMFAO! You guys are a disorganized bunch of losers!

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  11. Pecci vs. Casella = Lost, lost, lost and continues to lose
    Zotos vs. Town of Southbridge = Is he doing anything anymore?
    Binema vs. Town of Southbridge = Same as above. Lawsuit? What lawsuit!?
    Pecci vs. Board of Health = Timing is everything. I'm late, I'm late, for a very important date
    Running anybody vs. incumbents = Hello, is there anybody out there?

    David vs. Goliath? Goliath is laughing

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