ANNUAL REPORT
REPORT OF TOWN COUNSEL
2007
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.
2. Labor Issues. We provided advice from time to time during 2007 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.
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, Attorney General of the Commonwealth, and Department of Revenue.
4. Projects. We assisted with various road layout issues, cable television, Tax Incentive Financing Agreements for economic development, landfill and trash collection issues, ballot questions, recalls and election issues, Building Department code enforcement issues, drafting issues related to updating the Town’s zoning bylaws, and implementation of the new zoning bylaws, issues regarding condemnation of derelict buildings, 40B Comprehensive Permit proceedings, issues relating to public buildings (Stetson Hall, Corkin Building, etc.), and undergrounding of utilities.
5. Litigation & Labor Arbitrations. As of December 31, 2007, the number of claims and lawsuits in which the Town is a party total 27 as follows:
- 1 Lawsuit involving the Board of Selectmen
William J. Ander, et al. v. Board of Selectmen., Sup. Ct. Dept of the Trial Ct., C.A. No. 07-01548-D.
- 1 Lawsuit involving the Board of Appeals:
Philbert v. Randolph Board of Appeals, Mass Land Ct No. 314330.
- 3 Lawsuits involving the Police Department:
Fabiano Estrela v. Town of Randolph, Civil Service Commission Case No. D1-07-369.
Williams v. Town of Randolph and various officers, U. S. D. C. of MA, C.A. No. 06-11081.
International Brotherhood of Police Officers v. Town of Randolph, Labor Relations Commission MUP-07-4989.
- 2 Lawsuits involving the Fire Department:
Thomas LaBelle v. Randolph Fire Department, Docket No.: D-05-184 and G2-05-215.
Charles D. Foley v. Town of Randolph, United States District Court, District of Massachusetts, C. A. No. 07-12213-PBS.
- 1 Lawsuit involving the Planning Board:
Barbara Mersal v. Randolph Planning Board, Norfolk Sup Ct C.A. No. 07-0425.
- 1 Lawsuit involving the Conservation Commission
Town of Randolph and the members of the Town’s Conservation Commission v.
Edward G. Daly and Peter J. Daly, Norfolk Superior Ct, C.A. No. 2006-00474.
- 1 Civil Service Appeal involving the Youth Commission
Paul Maloof v. Town of Randolph, Massachusetts Civil Service Commission, DI-07-399.
- 1 Lawsuit involving the Building Commissioner
Randolph Building Commission v. Binh T. Ho, Quincy District Court 0756CR004348.
- 16 Claims that are not yet Lawsuits:
Davaugh Earle v. Town of Randolph (Building Inspector).
Burgo v. Town of Randolph (DPW).
Philips v. Town of Randolph (Public Schools).
Karp v. Town of Randolph (DPW).
Brown v. Town of Randolph (Public Schools).
Quincy Mutual Firm Ins. Co. as subrogee for Gedzium v. Town of Randolph (DPW).
Charles v. Town of Randolph (DPW).
Ambroise v. Town of Randolph (DPW).
Dukes v. Town of Randolph (Fire Department).
Douyon v. Town of Randolph (DPW).
Verizon v. Randolph (DPW).
Marini v. Randolph (DPW).
Richard Silverman v. Maureen Kenney (Schools).
Griffin v. Randolph (Police).
Jacobs v. Randolph (DPW).
Webb v. Randoph (Police).
Respectfully submitted,
Paul R. DeRensis
TOWN COUNSEL
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