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Tails
Administrator
2682 Posts |
 Posted - 03/14/2008 : 09:43:21 AM
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| Your so helpful tetris. Another thing that bugs me about this whole situation was the Mayor's conduct. He could have potentially set the city up for another law suit. We are the ones that would pay for that. I'm not saying that it's going to happen but because of the way the Mayor handled it, it could be, and I wouldn't blame Mr. Rice. |
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wanda bee
Member
54 Posts |
Posted - 03/14/2008 : 11:19:32 AM
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I recall a council member whotook a Code enforcement position. He got a waiver from the State and if they do that for one they have to do it for all.
Tails you do not know what went on between Walter and the Mayor and the fact that the Mayor is being a gentelman and not discussing it speaks volumes to his character.
Believe me there is no law suite in this matter and the reasons behind it.
Be mindful for every Law there is an exception to the rule. |
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Tails
Administrator
2682 Posts |
Posted - 03/14/2008 : 11:29:08 AM
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| That's fine wanda bee, but the facts that I do know speak for themselves. |
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tetris
Moderator
2040 Posts |
Posted - 03/14/2008 : 12:35:32 PM
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Wanda Bee,
I believe that the person that you are talking about is Tom Ciulla. He did indeed resign his seat and take a job in Code Enforcement. There are also others that we know who resigned city council seats to take a job in the city (including one that you have posted in the past that you know very well). Do we know if they had to apply for waivers as well? I've been curious about this issue because what is the purpose of the law if everybody gets a waiver?
The reason that I have been pushing the issue of the six months is because that was the way it was reported in the Globe article from Thursday, March 6. Although I assumed that a waiver might be possible, I thought that the difference in this case might be due to the fact that the position that we are talking about now is an appointed position rather than a line position. You can certainly make a case that all non-union positions in the city are actually appointed positions and I could not deny that there is not some truth to that. If you have any specific insights to this issue due to your connections, I believe that we would all be interested in hearing them. |
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wanda bee
Member
54 Posts |
Posted - 03/14/2008 : 2:01:15 PM
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Tetris,
You seem to have the most knowledge about municipal law not I.
So how does the city handle this?
Call the State Ethics Board, they do not seem to think it's an issue?
But if you allow one to do it (Tom) you must allow all or could be discrimination. Right?
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deleted
136 Posts |
Posted - 03/14/2008 : 2:33:13 PM
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| Why have laws if the laws are not enforced? The law concerning the Vets should be upheld and every city that does not should be fined. The code enforcement is different than a V.S.O. position. If we do not uphold the law then do away with the laws. From the words of Carlo--We are the lawmakers and you obey the law-- I would ask that he do the same. |
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tetris
Moderator
2040 Posts |
Posted - 03/14/2008 : 4:22:48 PM
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Wanda Bee,
Thanks for the compliment (I think) but I'm certainly no expert in municipal law. I'm just someone who doesn't mind doing a little research and giving a layman's opinion of what he reads. As I said in my last post, in this case, I'm relying on the same law and intereptation that was contained in the Globe article. I've looked at the rest of Chapter 268A of MGL and can't find a provision for a waiver; however, Section 10 of that chapter does allow for the state ethics commission to issue opinions interpreting the requirements of that chapter. I agree with you, all other things being equal, if one gets to bypass the requirement, everyone should get to bypass it or you do have discrimination. But if everyone is getting a pass from the state ethics board on a law that is so black and white, what is the purpose of the law and what is the purpose of the state ethics board?
I used the phrase "all other things being equal" in my last statememt because I believe there may be a difference in this case. In the other recent cases of councilors resigning to take a city job (Ciulla, Gregory and Ranieri are the ones that I can recall), they took what I would consider to be "line" positions rather than "appointed" positions. To me, an "appointed" position is a required position defined in either MGL or the City Charter that has oversight responsibility over an entire department. Just my intereptation. As I said in my prior post, I couldn't argue against all non-union city positions as being appointed positions. So my questions are did any of these other councilors have to get an opinion from the state ethics board before they could take their positions with the city and is there really any difference between those positions and a Veterans Service Officer? I thought that your connection to one of these former councilors might provide some insight on one of these questions.
I'm willing to wait and see if the mayor even choses to go down a path that would require an answer from the state ethics board. I would hope that one of our elected officials would make sure that the issue is addressed before such an appointment would be confirmed. If not, I suppose that it would be my obligation as a citizen to do what I had to do to make sure that my issues are addressed properly. |
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tetris
Moderator
2040 Posts |
Posted - 03/19/2008 : 10:14:09 AM
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| And the damage control spins on in this week's Independent. And it looks like they are starting to run out of thinks to talk about. I thought it was interesting that there was an editorial about the mayor's first 100 days. It's about a month late, if they count the days from the election (which they probably shouldn't); if they count from inauguration day, it's about a month early. D'Oh! |
Edited by - tetris on 03/19/2008 10:15:17 AM |
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massdee
Moderator
5299 Posts |
Posted - 03/19/2008 : 10:22:11 AM
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| Anyone read the editorial in todays Independent about the Veterans Services Office? Mr Parziale is surprised that the firing of Director Rice has "turned into a full-blown controversy." |
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Tails
Administrator
2682 Posts |
Posted - 03/19/2008 : 1:27:28 PM
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| Perhaps Mr. Parziale should do more research or find out whats going on before acting all surprised. It was not the firing of Walter Rice that was controversy but the manner it was done and the illegal lobbing going on. We have all these political people going after this position that for so long the office was not run right. It gets straighted out by Walter now they all want it. Not one of those common councilors all these years have taken a stand for that office. Not one of those common councilors have stood up for their brother veteran and tell the Mayor what he is doing is wrong. I am not speaking of firing Mr. Rice, I am speaking of the fact he should have had an IMMEDIATE replacement and the list of names the Mayor wanted could have gone to the replacement and none of this would even be an issue right now. As for the Mayor, he had no right to do what he did, and if Mr. Parziale needs to see the list events on paper, I'll gladly send it to him. Mr. Hickey for one is so into the law and correcting people, why is he not showing the Mayor the law and tell him this is wrong Mr. Mayor. Mr. Hickey is very outspoken and I am shocked at his silence (along with Cardello and McKinnon) for not speaking out and standing up in defense to the VSO. That is just a small reason for the controversy Mr. Parziale |
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just wondering
Senior Member
387 Posts |
Posted - 03/19/2008 : 1:47:36 PM
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| Which law is it that says the replacement needs to be made immediately? |
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Tails
Administrator
2682 Posts |
Posted - 03/19/2008 : 1:59:12 PM
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It’s M.G.L. chapter 471. I found it pretty easy.
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just wondering
Senior Member
387 Posts |
Posted - 03/19/2008 : 2:20:16 PM
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| hmmm...I must have an old copy of the laws....mine ends at chapter 282 |
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deleted
136 Posts |
Posted - 03/19/2008 : 2:22:18 PM
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| Tails why are you responding to the mayor or his staff. They should be working not on blogs. |
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just wondering
Senior Member
387 Posts |
Posted - 03/19/2008 : 2:31:11 PM
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| WRONG |
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The Independent
