REPORT OF TOWN COUNSEL
This year was a very active and successful year for the Law Department:
1. Advice & Legal Documents. Numerous advisory opinions were rendered
throughout the year to various Town officials and Boards relating to a wide variety of
issues and subjects. Frequent and ongoing attention was given to reviewing and/or
drafting Bylaws, review of contracts as to form, contract documents and agreements,
easements, zoning covenants, procurement documents, public road documents, Warrants
for Town meetings, and other legal documents including those documents necessary for
the creation of new Charters for new forms of government for presentation to town
meetings, to the General Court and, to the voters for balloting, and now for
implementation by the Town.
2. Labor Issues. We provided advice from time to time during 2009
regarding the interpretation and application of collective bargaining agreements and the
processing of union grievances. In addition we also provided advice and assistance
regarding a variety of personnel issues relative to applicable federal and state law, the
requirements of the Town’s personnel bylaw, non-union contracts, and civil service
issues, regarding both union and non union employees.
3. Administrative Agency Proceedings. The Town was involved in a number
of administrative agency proceedings, including issues before the Massachusetts Civil
Service Commission, State Labor Relations Commission, Massachusetts Department of
Telecommunications and Cable, Alcohol Beverage Control Commission, the Attorney
General of the Commonwealth, and Department of Revenue.
4. Projects. We assisted with various road layout issues, cable television
licensing issues, ballot questions, election issues, wireless cell towers, alcohol licensing
issues, Building Department administration, staffing and code enforcement issues,
updating the Town’s zoning bylaws, and implementation of the new zoning bylaws,
issues regarding condemnation of derelict and dilapidated buildings, 40B Comprehensive
Permit implementation issues, Rosemont apartment project, and undergrounding of
utilities project. We assisted the Town in the acquisition of the Powers Farm at 558
North Main Street (11.6 acres) for open space purposes, the Stetson House at 660 North
Street for general municipal purposes, the Hollywell Nursing Home at 975 North Main
Street (3.2 acres) for general municipal purposes, and the Rent property at 592 North
Main Street (2.7 acres) for open space purposes.
5. Litigation & Labor Arbitrations. As of December 31, 2009, the number of
claims and lawsuits in which the Town is a party total 22 as follows:
- 1 Lawsuit involving the Board of Appeals:
CJR Estates v. Randolph Board of Appeals, Building Commissioner, and
Avalon Blue Hills, Inc., Land Court Misc. No. 08 MISC 381786.
- 2 Lawsuits involving the Board of Selectmen:
Maloof v. Randolph Board of Selectmen, et al., Norfolk Sup Ct Civil
Action No. 08-01173.
Susan Young v. Town of Randolph, now Norfolk Superior Court Civil
Action No. 2009-00649.
- 2 Lawsuits involving the Police Department:
International Brotherhood of Police Officers v. Town of Randolph, Labor
Relations Commission MUP-07-4989.
Darren Woolf Police Bypass, Civil Service Commission Case No. G1-09-
- 2 Lawsuit involving the Fire Department:
Charles D. Foley v. Town of Randolph, United States District Court, C. A.
Ryan Polin Fire Department Bypass, Appeals Nos. G1-08-266 and G1-09-
- 1 Lawsuit involving the Planning Board:
Barbara Mersal v. Randolph Planning Board, Norfolk Superior Court C.A.
- 2 Lawsuit involving the Public Schools:
Laura Gamble v. Randolph Public Schools, Norfolk Superior Court Civil
Action No. 2009-00644.
Daniel Schwemin v. Randolph School Committee and Richard H.
Silverman, Ph.D., formerly Norfolk Superior Court Civil Action
No. 09-00940, now U.S. District Court (MA) Civil Action No. 09-
1 Lawsuit involving the Department of Public Works:
D&R General Contracting, Inc. v. Randolph Board of Public Works,
Norfolk Superior Court Civil Action No. 09-01622.
- 11 Claims that are not yet Lawsuits:
Marini v. Randolph (DPW).
Richard Silverman v. Maureen Kenney (Schools).
Griffin v. Randolph (Police).
Jacobs v. Randolph (DPW).
Webb v. Randolph (Police).
Gordon v. Randolph (Fire Department).
Ford v. Randolph (Board of Assessors).
Nessette v. Town of Randolph (Fire Department).
Antoine v. Town of Randolph (DPW).
Lima v. Town of Randolph (DPW).
Parks v. Town of Randolph (Public Schools).
Paul R. DeRensis