-----Original Message----From: donatobos@comcast.net [mailto:donatobos@comcast.net] Sent: Sun 10/18/2009 9:43 AM To: MacDonald@Town.Duxbury.MA.US Richard,
I have been informed by Town Counsel that over the weekend of October 3rd and 4th of 2009, you initiated and conducted an investigation of a Town employee. Town Counsel further informed me that you hired a Special Counsel to administer oaths and take testimony of certain unnamed individuals as part of this investigation.
Pursuant to Section 2.H of the Town Manager's Act, "The Board of Selectmen may make investigations and may authorize the town manager or other agents to investigate the affairs of the town and the conduct of any department, office, or agency, including any doubtful claims against the town, and for this purpose the Board of Selectmen may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of any such investigation shall be placed on file in the office of the town clerk, and a report summarizing such investigation shall be printed in the next annual town report."
Section 3.C.9 of the Town Manager's Act provides that "The town manager shall advise the selectmen of all matters requiring action by them or the town."
Section 4.7 of the Town By-Laws states in part that the Town Manager "may employ counsel or special counsel when authorized by the Selectmen."
You did not inform the Board of Selectmen that you felt it necessary to conduct an investigation of a Town employee, an act requiring the authorization of the Board of Selectmen, in violation of the Town Manager's Act. You were not authorized by the Board of Selectmen to conduct an investigation of a Town employee, in further violation of the Town Manager's Act. Moreover, you were not authorized by the Board of Selectmen to hire a special counsel to administer oaths and take testimony of certain unnamed individuals as part of this investigation, in direct violation of the Town By-Laws.
How much did this unauthorized investigation cost? How much did the special counsel cost? How are you going to pay for these expenses when they were not authorized by the Town?
Is the report of the investigation on file with the Office of the Town Clerk yet, as required by the Town Manager's Act? If not, when will it become available? Is a report summarizing such investigation going to be printed in the next annual town report as required by the Town Manager's Act?
I would appreciate a prompt response to these questions as the investigation occurred more than two weeks ago and I would like to see the report of the investigation including any and all statements made by the unnamed individuals.
I must say that the timing of your unauthorized investigation appears to me to have been a flagrant attempt to coerce the Police Chief into taking the $240,000 buyout.
Chris Donato Duxbury Board of Selectmen
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