Saturday, October 15, 2011

The Risks of Volunteering to Serve in Egremont

Thinking of volunteering for a town board or committee? Before you do, make sure you're liked by the selectmen, and then act in a way that causes them to continue to like you. If you cross them, they may not protect you against liability, even if one or more of them created the liability!

That's clearly the result of Turner and Flynn's vendetta against the finance committee. Those two are pissed at the members of the finance committee for supporting Flynn's opponent in the last election. So Flynn - slyly assuming that the finance committee MUST have met in order to sign the endorsement (he doesn't seem to be able to fathom that they could have independently signed it, which is what happened) - filed an open meeting complaint against the finance committee. The members of the committee didn't particularly care for this attack on their integrity, and sought legal advice on how to deal with it. Town counsel was obviously conflicted (and said so) so the committee hired a lawyer in Great Barrington. He told them how to respond, which they did, and sent a bill for $200.

The town has adopted a state law providing that board and committee members will be protected by the town against liability (including legal fees) for things arising in the course of their performance. In the past, the town has done that. But Flynn and Turner refuse to pay the legal bill because, uh, well, despite being asked, they don't have any reason. The real reason, of course, is that they don't like the committee members. And note, very importantly, that Flynn himself created the problem by filing the complaint. Do you see any perniciousness here?

So don't do something the selectmen don't like if you're on a board or committee. Be a toady at all times. If, God forbid, you get sued for some action you or your board takes, the current selectmen - thumbing their noses at the town's obligation to protect you - may vote not to indemnify you just because they don't like you (or your performance). And at least Flynn seems to see nothing wrong with being the one bringing an action against you - without any justification - and then refusing to pay the freight.

I know of several people who are considering resigning from town boards and committees because of this situation - one already has - and many others who won't volunteer because of it. Do Flynn and Turner think their stubbornness is serving the best interests of the town? Or maybe are they just insuring that boards and committees are populated by people who agree with them? You decide.

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