ADAM N S SMALAND LN PLYMOUTH MA 02360 056-000-072-015 9 SMALAND LN MONTI JOHN R MONTI ANNA 202 EAST MAIN ST MIDDLEBOROUGH MA 02346 056-000-072-016 11 DERRICO MARLA TR SMALAND LN MARLENE LOTTERHAND REALTY TRUS 24 GREYSTONE WAY MIDDLEBORO MA 02346 056-000-072-018 17 SMALAND LN THIRTY SEVEN WYNDHAM HILL OR REALTY TRUST GENOVA ARTHUR F 37 WYNDHAM HILL DR PLYMOUTH MA 02360 056-000-072-019A SMALAND LN SMALAND BEACH ASSOCIATION INC 059-000-033-001 059-000

Healey, Chair Middleborough Board of Gas & Electric Commissioners 32 South Main Street Middleborough, MA 02346 RE: Open Meeting Law Complaint Dear Mr. Healey: This office received complaints from Mr. Richard Young and Mr. Allin Frawley, dated May 18, 2012 and July 20, 2012, respectively, alleging that the Middleborough Gas and Electric Board of Commissioners (the "Board") violated the Open Meeting Law, G.L. c. 30A, 18-25.

Town of Middleborough, Karvelis v. Quincy School Dept, 7 MCSR 42 (1994). Bedinotti_v. 19 MCSR City of 98 (2006); Although Lawrence has discretion to decide the sequence to recall superior officers and/or or rank-and-file officers, and/or how many of each, see Scheffen et al v. City of Lawrence, 24 MCSR 524 (2011), once those decisions are made, the recall rights of any officers laid off from the positions to be filled must be respected.

Marblehead Marlborough, MA 01752 Marlborough, Ma. 01752 Marshfield Marshfield, MA 02050 Marshfield, MA 02050 Mashpee 11-Dec-19 27-Nov-19 07-Oct-19 19-Dec-19 07-Oct-19 12-Nov-19 12-Dec-19 Mass Boston 02215 22-Oct-19 Maynard, MA Medway Medway Medway, MA 02053 Methuen Methuen, MA 01844 Methuen, MA 01844 Methuen, MA 01844 Methuen, MA 01844 25-Nov-19 12-Dec-19 20-Dec-19 24-Oct-19 13-Dec-19 01-Oct-19 09-Oct-19 29-Oct-19 13-Nov-19 Middleboro 23-Dec-19 Middleborough

See also, Town of Middleborough, 18 MLC 1409 (1992) (holding as untimely the unions unfair labor practice charge once it admitted knowing that the employer never rescinded a directive changing working conditions).

Department begins to The six-month run when the party adversely affected receives constructive notice of the conduct alleged to be an unfair labor practice. actual or Boston School Committee, 35 MLC 277, 285-86 (2009); Town of Lenox, 29 MLC 51, 52 (2002) (citing Wakefield School Committee, 27 MLC 9, 10 (2000)); Town of Middleborough, 18 MLC 1409 defense, (1992).

Town of Middleborough, 24 MCSR 352 (2011); Descharnais v. City of Westfield, 23 MCSR 418 (2010); Royston v.

The requirement to reside within the city is a condition of your employment as a City of Brockton Emergency Telecommunications Dispatcher; a condition you violated when you established residency in Middleborough, MA. 5. You were found to be in violation of Brockton Police Department and Criminal Justice Information System (CJIS) rules and regulations.

Town of Middleborough, 24 MCSR 352, 361 (2011).

Town of Middleborough, 24 MCSR 352 (2011) and cases cited. Applying these principles to the facts of this appeal, I conclude that Officer Haynes has irrevocably broken his sworn duty of public trust and Somerville had just cause to terminate his employment. 15 First, even Officer Haynes admits that his behavior violated SPD Rules and Regulations and demonstrated extremely poor judgment on his part. I am persuaded by the testimony from Ms.

(approximately 20-25 minutes after the 20 Purchase Street 911 call was relayed to him), the Appellant proceeded to respond to a call in the neighboring Town of Middleborough at approximately 9:30a.m. In violation of Department policies, the Appellant kept Mr. Franke in the back seat of his cruiser for over one and one-half (1 ) hours before transporting him to the police station for booking. 10 52.