The AG’s Office: No Legal Relief Coming

The Attorney General’s statutory authority to render formal legal opinions extends only to opinion requests by state officials, district attorneys, and branches and committees of the Legislature… Therefore, I am unable to provide you with the legal advice you seek.

Assistant Attorney General Kelli E. Gunagan

So much for enforcing the law.

On April 29th I sent a letter of concern to the Attorney General’s Municipal Law Unit in Springfield concerning Selectman Kathy Inman’s failure to be sworn in to office following her 2010 re-election, a requirement before any elected official participates or acts in his/her official capacity. Unquestionably her folly has certain ramifications. Exactly what those ramifications are, however, is not clear – as of yet.

So this muckraker informed the AGO about Ms. Inman’s gaffe and asked them to review its certification of Barre’s Special Town Meeting on January 31, 2011 which included Article 16, the $1.4 million dollar debt exclusion for the Common Improvement Project.

Well, the AGO has declined to intervene.  On Thursday I received a letter from Assistant Attorney General Kelli E. Gunagan explaining why any “average Joe”, like this muckraker, simply cannot ask the AGO to do anything – even if it means  not reviewing the legality of its own certification of a town warrant.

Here’s Attorney Gunagan’s letter:

I am not going to dispute the  AGO’s statutory authority.  But the fact remains the Municipal Law Unit has used the law to run from defending the law.  The irony is palpable.

Furthermore, this muckraker was not asking for personal legal advice; I was asking the AGO to review its own certification which possibly could be rescinded given Selectman Inman’s Folly.  After all, it is their responsibility to determine if a town meeting was “properly convened”.

Attorney Gunagan also makes an interesting statement that Town Counsel James Baird will “advise the Town accordingly”.  What the hell does that mean?  Does she really think Attorney Baird will seek the AGO’s input?  That would mean doing the right thing.

In case you didn’t know, Ms. Gunagan, this is the same man who helped orchestrate the MoU of 1997 with local developer Matthew Trifilo which provided him a $650k tax abatement and screwed the town in the process; This is the same man who helped negotiate the 140 Union Street short sale boondoggle;  This is the same man who advised Town Administrator David Battistoni and the BoS to send Pagano Media a letter falsely accusing this muckraker of representing the company in my capacity as a town appointee;  This is the same man who told me when I sought his assistance that “I don’t work for you”.

Surely you jest Ms. Gunagan.

And “my concerns” have nothing to do with DoR or DLS so why direct me there?

What I am concerned about, however, Ms. Gunagan, is the AGO’s unwillingness to enforce the law when a resident of the commonwealth provides you with incontrovertible evidence that something is more than afoul.  Does not common sense come into play at some point?  Why should reason give way to absurdity?

Barre is a corrupt town, Ms. Gunagan.  But perhaps this corruption runs even deeper?

Why would Worcester District Attorney Joe Early get involved?  He’s a FoS (Friend of Steve).  And this FoS has run from the Truth like a coward all to protect his political buddy Brewer on certain matters here in town.

But then again, Ms. Gunagan, the AGO is no different.   The Criminal Bureau just so happens to include the State Police Detective Unit; This includes the Unit out of Early’s Office headed by Captain Richard McKeon.

Capt. McKeon (l), DA Early (center) courtesy T&G

A sergeant under McKeon’s command contacted me last March and told me never to call that Office again “unless you want to make things worse”.  That’s a threat Ms. Gunagan.  And strangely enough all attempts to track down this thug have been met with resistance and no cooperation.  Do you need proof?  Call State Trooper Sgt. Matthew Murray at the Framingham headquarters.

Screen Shot of "The Call"

Then there’s Senator Brewer himself.  He’s in no rush to help, trust me.  And I’m quite confident, especially given all the excitement now underway in Boston with big Sal’s trial, that your Boss would actually investigate anything to do with the Ways and Means Chairman or his beloved hometown.

But thank you for getting back to me so promptly.

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Posted on May 5, 2011, in Town Matters and tagged , , , , , , , , , , , , . Bookmark the permalink. Comments Off.

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