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Saturday, September 28, 2013

Mountain or mole hill?

Well I am wondering whether to let the "push me or pull you" side win this morning as far as latching on to the article in the newspaper concerning a group in our town.  On one side of the battle is the fact that the matter is essentially an issue for a private entity.  Indeed the only public concern is the status of that entity as it pertains to its use and occupancy of a public building. that being the sticky wicket that encompasses the other side.

I use the word "entity" loosely here.  Until or unless the not for profit corporation is revived there might be some issue as to whether there is any entity at all.  that is some of the stuff that makes the wicket so sticky from the public perspective.

As to internal politics for the people involved well good luck with that one.  Someone needs to get a hold or the articles of organization, by-laws and either force the issue either through the mechanisms provided there under or quite simply where push comes to shove, that nasty little thing called a court battle.

Must be an interesting set of documents that allows a B of D to meet and sit in apparent perpetuity with no annual meetings of membership or elections.  

The coup analogy being used is actually very appropriate.  Whether there is justification for a coup is what needs to be assessed.  

The not following procedures statement recently made though is, well baffling to some people. Mainly because it is not known what the procedures are.  Thus the rationale behind the coup.  Are procedures for say annual meetings, election of officers and directors being followed?

If anyone has a copy of the by-laws, might make for some entertaining reading.  Feel free to send them to me.

I only hazard wandering into this quagmire for two reasons: 

The first being this has all the ear markings of one of those nasty little things that will spill over into a much larger arena; and, the first big splash being today's piece in the daily coupled with a smaller one recently in a weekly paper. 

The second reason: Allowing the continued use of the building by a entity which has been issued an involuntary revocation by the S of C possess issues to the town which should be addressed, and which should have been addressed some time ago.  Not the least of which is if the legal premise under which an entity existed has been revoked, just what does that do to the "proclamation" issued to the entity? 

The town's involvement in this one should be focused with laser beam precision, i.e. goop remover for the wicket.  No assistance, no mediation, no association.  

The other precise laser beam, the one I am going to aim with exact precision, will be comments to this piece.  Extremely tight focus required, be on target.  No expanded four corners on the topic today. Strict town meeting protocols will be adhered to.

In the event you can't figure out what this piece is about today, or it just doesn't float your boat, "Open Line" is also in play.

Be safe.  


6 comments:

  1. Looks like a coup to me. Good for the 'Revive' group.
    What sense does it make for a group to hold 'closed' board meetings? Maybe if they hadn't done that, a member would have informed or inquired to the board about filing their taxes. I wonder if the nonprofit status will be as easy to reinstate as filing a few past years' financial records. It sounds like complete mismanagement. If a group of citizens have a sincere interest in joining the group with the purpose of revitalizing it, then where's the problem? It's time for someone to step aside.

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  2. Good piece, John. The results are more questions (at least in my feeble mind)
    1. How can the town have an agreement with a group that no longer exists?
    2. Why doesn't the town just turn over management of the ol' school building to an existing town entity?
    Maybe these are good interview questions for the town counsel candidates. Would this even be an issue if it wasn't for the people involved. Or are the same people complaining about the cost of town counsel going to sue the town again? I'm legally challenged but can we not countersue for the legal costs incurred?

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  3. Your point 1, a legitimate question. There is a mechanism for revival, that apparently we are told through the newspaper is being pursued, or at least that's what I got from the paper.

    Your point 2 is the management of the building is in fact under an existing town entity, the Historical Commission, at least in theory. The sue counter sue is a bit perplexing. Not sure the relevancy. The town issue here is simply occupancy. That is all the town should be concerned with.

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  4. If the society's board wants to act independently, including independently of it's own members, then the town ought to treat them as such. Cut the ties with the society and let them find a place to run their business as they see fit. As long as it's independent of Fairhaven taxpayers.

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  5. The facebook page www.facebook.com/FairhavenHistoricalSociety addresses many of the issues. It seems the "Revive" group has a few different options.

    1. Get the old, existing Historical Society back in good shape with a clear focus for action and proper legal standing, then work with the town on the details of its continued use of the Academy.

    2. Form an entirely new group and seek permission from the town to take over the museum, replacing the old Historical Society.

    3. Form an entirely new group and carry out it goals and mission outside of the Academy Building, leaving the town and the old Society to continue doing nothing.

    There really seem to be two different issues here:

    Is the old Historical Society worth trying to save or should the "Revive" group strike out on its own?

    Who should operate a museum in the Academy Building and what are the legal and financial obligations of the town and the outside entity?

    It will be interesting to see how all of these issues play out.

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  6. Monday's S-T another article about the upcoming town council interview.
    Does anyone else think the maneuvering by Mr. Espindola is more for a political purpose than a money-saving move?
    Why are we going outside of the Greater New Bedford area? If it's to save the town some money, then show us the money.

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