MEMORANDUM FOR: COPY:

Duxbury Town Counsel Search Committee (TCSC) Town Clerk Board of Selectmen Town Manager Town Counsel Attorney Generals Division of Open Government Philip Tortorella December 5, 2012 TCSC Meeting Scheduled for December 11, 2012

FROM: DATE: SUBJECT:

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The Open Meeting Law Complaint Process requires that "Within 14 business days of the date on which the complaint was filed, the public body must review the complaint and send to the AGO a copy of the complaint along with a description of any action taken to resolve the issue that was raised by the complaint." That is the only reason for holding the meeting scheduled for December 11, 2012. I worked in law enforcement for 30 years. I do not have a cavalier attitude toward violations of other peoples rights. Further, doing the right thing is not always the easy thing. The Open Meeting Law Complaint is a concise, fact based representation of what transpired. It is not clear to me what action the TCSC can take to resolve the issues raised by the complaint. In addition, I am not happy with ZACHMANN's rants that often contain questionable representations. I do not intend to be present at the upcoming meeting. The following is offered in support of my decision not to attend the meeting:

"...Mr. Tortorellas complaint is totally without legal or factual basis..." email by ZACHMANN dated December 3, 2012 @ 02:28PM ZACHMANN is not an attorney. ZACHMANN does not have the requisite credentials nor has he offered any precedent court or administrative decisions to support his alleged legal opinion. The Complaint contains numerous fact based representations. ZACHMANN's assertion regarding the facts is clearly without merit.

"...the work of this committee, which was in fact harmonious to the point of unanimous consensus on all substantial matters..." email by ZACHMANN dated December 3, 2012 @ 02:28PM and related verbal representation made by ZACHMANN at the Board of Selectmen meeting on December 4, 2012 On July 17, 2012, six of the TCSC members voted unanimously to forego pursuing the option of searching for a town counsel who would be hired as a municipal employee. ZACHMANN was not present. At the Board of Selectmen meeting on September 10, 2012, Mr. Desmery reported that the TCSC was of the opinion that the Town Counsel should not be an employee. ZACHMANN stated that he was not in attendance when an in-house Town Counsel was discussed and went on to advocate for hiring an in-house Town Counsel. ZACHMANNs assertions of unanimous consensus on all substantial matters are clearly false representations.

"Yesterday, I spoke with Town Manager Richard MacDonald, and asked that the Board of Selectmen review and respond to your Open Meeting Law complaint that was dated November 27, 2012." email by representative of the Attorney General's Division of Open Government dated November 28, 2012 @ 03:43PM