Breaking News: EHS Subcommittee To Consider Changing Trash Fine

Ken O’Brien

The Southbridge town council’s Subcommittee on Education and Human Services will meet Wednesday June 13 at 7 pm in the Rice Conference Room. On the agenda is consideration of a motion to amend the town’s fine for infraction of the trash bylaw.

The subcommittee is chaired by Councilor Denise Clemence who is running for reelection in the June 26 town election.


It is worth noting that any bylaw change requires approval at three successive town council meetings.

Breaking News: More on Investigation of Town Council Chair’s Trash Ticket “Fix”

James Sottile

I was interviewed by a Southbridge Detective today who also requested all of the raw video of the 5/15/12 EHS subcommittee meeting, which I had in my possession. I gladly surrendered all the evidence in my possession. It is my understanding that the “trash ticket fix affair” will be investigated further by the Commonwealth of Massachusetts. In my opinion I believe our police department performed their duties in a professional fashion despite the unlawful interference by several politicians including the town manager. The draconian application and enforcement ($250.00 without warning) of a town by-law was a mistake by overzealous and arrogant politicians. It is ironic that an individual can get a lesser fine for possession of a small amount of marijuana. How about the fact that it takes a second (not a first) offense of the town’s sex offender by-law to get a $300 fine? Anyone who pulls a lever (so-to-speak) for the present incumbents is putting the future of our town at risk We need intelligent and mature replacements. That should start with this election cycle!

Breaking News - Southbridge Council Chair’s Trash Ticket “Fixing” Being Investigated

Ken O’Brien

Multiple sources have now confirmed that the statements made by town council Chairman Catherine Nickolla at Tuesday, May 15^th’s meeting of the subcommittee on Education and Human  Services are being investigated.

The matter at issue is her intervention in the disposition of a ticket issued for violation of the town’s trash collection bylaw (page 104). At that meeting she stated (substantiated by this video of the meeting) that she made a call and had it taken care of.

According to these sources, local police are looking into the matter and have been offered a copy of the video of the meeting.

In addition, at least one private citizen has raised the matter with the State Ethics Commission.

The particular matter of state law that such an action may have violated is Chapter 40, Section 21D of Massachusetts General Law.

It is also reasonable to ask whether the Massachusetts “no fix” law should have broader application to non-traffic related matters.

EHS Subcommittee Violated Open Meeting Law – Council Chair “Fixed” Trash Ticket

Ken O’Brien

UPDATE: The video of Tuesday, May 15^th’s, EHS subcommittee meeting is available in three parts HERE.

Last night’s meeting of the Education and Human Services subcommittee lived up to expectations.

Among the revelations was the fact that the Attorney General’s office found the subcommittee to be in violation of the Open Meeting Law. The finding related to the meeting of August 2, 2011. In its report the Attorney General’s office determined that the subcommittee had failed to state there would be a discussion about Ann Beinema, even though the Chair reasonably anticipated one would occur.

The AG’s office did not find that the second complaint, that the subcommittee did not give Mrs. Beinema notice that her "reputation, conduct and character" would be discussed during an open session meeting on August 2, 2011, constituted a violation of the OML.

Damage Control

Ken O'Brien

On Thursday the Southbridge Town Hall house organ (the Southbridge Evening News) will carry an article titled, “Southbridge refunds 118 trash fines”.

In the article it is reported:

If you got ticketed for a first-time trash violation, you might have already received good news in the mail.
According to Health Director James Morin, 118 such residents will get refunds of their fines and/or letters this week informing them they don’t have to pay if they haven’t yet had hearings. That does not apply to 30 or so multiple-ticket recipients, who are still on the hook for the second or later fines.