acting town manager Mike Milanoski named in DeLuca matter

It appears former police chief Mark DeLuca and former town manager Mike Coughlin have joined forces in a whistleblower suit against the town that involves some of the same players.

In a four-page letter to Cohasset selectmen, Attorney Gregory J. Aceto, a partner in the firm of Aceto, Bonner & Prager, PC,  Boston told selectmen he would like to settle the matter of DeLuca’s  claims against the town amicably, but was prepared to seek court action if the town and DeLuca could not resolve their differences.

Aceto did not specify what kind of settlement DeLuca was seeking.

The Town of Cohasset is about to advertise for a new town manager; it is thought the board is waiting for that individual to be hired before seeking a new police chief, who under the Town Manager Act is hired by the town manager. Former town manager Mike Coughlin is suing the town asking for reinstatement. DeLuca could not be reached for comment but he also is asking for reinstatement.

Aceto’s Letter to Select Chair Fred Koed reads as follows:

Please be advised that this firm represents Police Chief Mark M. DeLuca (“Chief DeLuca”) regarding certain claims Chief DeLuca asserts against the Town of Cohasset (the “Town”), Michael Milanoski (“Mr. Milanoski”) and Peter DeCaprio (“Mr. DeCaprio”) arising out of his employment as the Chief of Police for the Town of Cohasset.

Employment Background

 As I am sure that you are aware, Chief DeLuca was hired as the Chief of Police on or about January 25, 2010, for a three-year term set to expire on January 24, 2013.  The Town and Chief DeLuca agreed to extend the original term of employment to August 1, 2014, pursuant to an Employment Contract Extension Agreement, dated February 7, 2012 (the “Extension Agreement”).  The Extension Agreement was signed by the former town manager Michael J. Coughlin (“Mr. Coughlin”)  on behalf of the Town.

 Chief DeLuca’s Support for Mr. Coughlin

 Subsequently, a dispute arose between Mr. Coughlin and members of the Town Board of Selectmen (the “Board”) arising out ofMr. DeCaprio’s apparent conflict of interest pertaining to several matters before the Board and another municipal authority.  Chief DeLuca continued to express to various selectmen and the Board his support of Mr. Coughlin despite this brewing controversy about Mr. DeCaprio.

Mr. Milanoski ‘s Illegal Appointment

 After Mr. Coughlin’s injudicious removal as Town Manager on February 14, 2012, Mr. Milanoski was appointed as Acting Town Manager on or about February 18, 2012, despite the fact that he was currently serving as an Associate Conservation Commissioner and as a member of the Town’s  Governance Committee.   Following his resignation from these other town positions, Mr. Milanoski continues to serve as “Acting Town Manager” and remains in this position to date.  It is Chief DeLuca’s belief that Mr. Milanoski was wrongfully appointed in violation of The Cohasset Town Manager’s Act (the “Town Manager’s  Act”), Section 3(1).

At the time of Mr. Milanoski’s appointment, the Town Manager’s Act, Section 3(1), dictated that no person in an elected or appointed office in the Town could hold the position of Town Manager within one (1) year of holding such elected or appointed office.  Mr. Milanoski held such an elected or appointed position in the Town and only resigned from these offices after being appointed Town Manager.  Furthermore, the “Acting Town Manager” title, which the Town has attempted to label Mr. Milanoski’s position, implies that the search for a qualified individual to permanently fill this position is ongoing; however, no action has been taken in the search for or appointment of a more permanent Town Manager.  In short, Mr. Milanoski has been serving as Town Manager in an illegal capacity, thereby rendering all decisions made on behalf of the Town void and unenforceable.

False and Slanderous Charges Against Chief DeLuca/Settlement  Negotiations

After his illegal appointment was secured, Mr. Milanoski set his sights on Chief DeLuca. He fabricated frivolous, false and slanderous charges against Chief DeLuca with the assistance of others in the Cohasset Police Department and then released the false and slanderous information to the media, damaging Chief DeLuca’s reputation in the law enforcement community.  Mr. Milanoski subsequently suspended Chief DeLuca pending an investigation and hearing.  In sum, Mr. Milanoski attempted to generate undue pressure on Chief DeLuca in order to obtain his resignation.  Ultimately, Mr. Milanoski and Chief DeLuca reached a tentative agreement that allowed Chief DeLuca to receive partial compensation pursuant to the original term of his contract.  However, for reasons set forth below, there was never an effective agreement between the parties.

Specifically, the inchoate settlement agreement, circa October 2012, attempted to be negotiated on behalf of the town by Mr. Milanoski holds no legal binding effect as it was negotiated and executed by Mr. Milanoski at the time that he was serving in an illegal capacity. Additionally, Mr. Milanoski did not seek the approval of the Board as required by the Town Manager’s Act.  Pursuant to Section 4(C)(v)(n), the Town Manager must seek the approval of the Board before he or she may prosecute, defend or compromise any litigation to which the Town is a party.  As such, Mr. Milanoski commenced a disciplinary process against Chief DeLuca without the requisite Board approval.  More importantly, Mr. Milanoski’s failure to obtain the necessary Board approval of the terms of any settlement agreement between the Town and Chief DeLuca rendered any negotiations and resulting agreement void.

Furthermore,  Mr. Milanoski asserted that the Extension Agreement  was invalid, even though Town Counsel Paul DeRensis had advised him that the serving Town Manager has “sole contract authority”  for department  heads such as the Chief of Police, in accordance  with the Town Manager’s Act, Section 4(C)(iii).  Mr. Milanoski misled Chief DeLuca about the law in a bad faith effort to apply undue pressure on Chief DeLuca to settle his dispute.

In short, Chief DeLuca hereby maintains that to the extent that there was any effective settlement agreement reached between the Town and Chief DeLuca, the terms are rendered void and unenforceable based on the preceding points.  In terms of remedial damages, Chief DeLuca hereby demands his reinstatement  as Chief of Police through the term stated in the February 7,

2012 Extension Agreement, signed by the former Town Manager with the term ending August 1,2014.  Alternatively, Chief DeLuca demands reinstatement until a legal Town Manager is appointed to negotiate a valid settlement between Chief DeLuca and the Town.  Unfortunately, Mr. Milanoski tortiously interfered with Chief DeLuca’s employment  and settlement

negotiations between Chief DeLuca and the Town, acted with bad faith, and dealt unfairly during those negotiations, harming Chief DeLuca financially by his wrongful removal as Chief of

Police.

Whistleblower Violation

 In addition, the attempted termination of Chief DeLuca from his employment  as Chief of Police was in violation of the Massachusetts  Whistleblower Statute, M.G. L. Ch. 149, § 185 (the “Whistleblower Act”).  In that regard, Chief DeLuca asserts that the purported termination was integrally related to the termination of Mr. Coughlin, and in retaliation for Chief DeLuca’s furtherance of and support for Mr. Coughlin’s claims of illegal activity and conflicts of interest surrounding  the Town’s employment of a private water company to supply the Town’s  water.

As you may be aware, Mr. Coughlin has filed suit alleging that his termination was wholly due to his discovery and resulting disclosure of such activity and conflicts of interest.  Mr. Coughlin had spoken with Chief DeLuca about his concerns, and Chief DeLuca expressed support for Mr. Coughlin and reported and reiterated Mr. Coughlin’s claims and concerns to the members of the Board.  It was this support of Mr. Coughlin, and Chief DeLuca’s furtherance  of Mr. Coughlin’s claims and concerns, that provided, at least in part, the motivation for Chief DeLuca’s suspension and attempted termination.

As you should be aware, the Whistleblower Act protects individuals such as Mr. Coughlin and Chief DeLuca from such improper and untimely termination,  or any other adverse employment action, in retaliation  for actions considered to be protected conduct under the statute. It is Chief DeLuca’s belief that both he and Mr. Coughlin were terminated for engaging in such protected conduct — disclosing certain misconduct and conflicts of interest they reasonably believed to be improper and illegal — which violates the Whistleblower Act and may expose the Town to significant liability, including liability for damages, litigation costs and attorney’s fees.

Chief DeLuca tenders this demand letter in hopes of settling this matter amicably, and to avoid protracted and costly litigation.  However, should the Town fail to take action in this matter, Chief DeLuca is fully prepared to continue to assert his legal rights and to seek redress before the courts.

Allen ended up with 11 emails, mainly from me, several of which were old drafts of the new Town Manager’s Act.

So what kind of shell game is Milanoski playing here? Why did Chris Allen have to pay anything for this information? Why are the selectmen’s public sites not accessible to everyone in town? Cohasset Mariner Editor Mary Ford asked this same question in a recent editorial. She was right about that. But she was wrong when she stated that Gjesteby’s email dilemma was a tempest in a teapot.  

Why Gjesteby was upset – why a lot of us were upset

 When Gjesteby was told the numbers of emails that were on her public site, she became alarmed. She knew she had a total 326 (not 783) emails in her public inbox for the entire year: none were from Coughlin, some were from Quigley and me and most of those had been sent to the entire board of selectmen.

Gjesteby and this newspaper were told by several persons in town that unnamed individuals were planning to utilize Gjesteby’s public town account to pish forged emails throughout the town – probably the day before elections, so that none of us, more importantly, now Selectman Karen Quigley, could respond. The Dirty Trick signs made it through but not the threatened emails. Gjesteby may have stopped that from happening when she called IT guy Brian More.

Concurrently, Gjesteby demanded to see the emails in question before they were released to Chris Allen. She took me along as a witness. They were in order. When Milanoski and Allen realized there was nothing to be had here, Milanoski told Gjesteby he now wanted all the correspondence between the forenamed individuals from her private email account. Gjesteby will discuss this request with her private attorney and most likely town counsel at the board’s May 26^th meeting. The correspondence in question will have to be about governmental business, and this newspaper still not gotten an answer from the Massachusetts Secretary of State on what is the definition of governmental business?

Unless selectmen vote to subpoena Gjesteby’s personal account, and extract emails from that account, Gjesteby herself is responsible for turning over any emails from her personal account that pertain to governmental business. Unfortunately, Gjesteby did not know about this rule and she deletes her emails daily. Like most of us do.

Depsite the Cohasset IT’s statement on the front page of another newspaper last week, Gjesteby’s email was hacked. It is a fact that the town site is hacked frequently – at least twice or more in the past week and a half. Gjesteby’s personal IT guy told her  that her password to her public town account had been comprised, that it had all kinds of strange attachments. He said it was lit up like a Christmas tree.

The Town site doesn’t appear to be a very secure site. The Tinytown Unleashed site is more secure than the town site. I don’t think we have ever been hacked. How is it that the town technology officer cannot secure the site after one year on the job and has still not have developed a new web page? Better yet, a safe web page? What’s the story here?

When newly elected Selectman Karen Quigley first signed on to the town site she couldn’t log out of the site. Now she can’t log in. Is this a political problem or a technical problem?

Selectman Diane Kennedy will remain as vice chair of the board and Selectman Martha Gjesteby was named secretary – Kennedy and Gjesteby received 5-0 votes. Secretary is a position the board hasn’t before filled, but Koed thought it was needed. The board will check to see if it’s a legal position. The secretary will keep track of the board’s executive session and regular minutes.

Acting town manager Mike Milanoski suggested the board might consider appointing a treasurer, a point person who would be responsible or reviewing all financial documents become they got to the board.

Gjesteby and newly elected Selectman Karen Quigley said the selectmen themselves needed to be more fully engaged in the budget process, and not rely on others for that information.  Both women said however, that they would be relying on newly elected Selectman Steve Gaumer, a 12-year member of the Capital Budget and most recently its chairman, to provide financial background to the board.

Quigley requested Koed to put an agenda item on the May 28th meeting agenda regarding the advertisement for a Town Manager.

Quigley also suggested that in the future financial narratives be provided to the at-home public when budgets are being discussed. “Many people are interested in following the budget but find it impossible to do so.”  Milanoski said he would work with staff and see what they could come up with.

Gaumer said he would like the May 28th meeting to focus on what the board expected to accomplish at the end of the search for a Town Manager. He asked the board to consider what it might do it it didn’t find the candidate it was looking for.

Advisory chair Peter Pescatore asked selectmen to explore in what manner it would approve the senior center project.  “We’ve transferred the land, how does the town say it actually wants to have it, or not? He noted that private groups were fundraising, but the town had no involvement in that aspect. Pescatore suggested the question be put on a fall town meeting, and that finances should be considered.

Gaumer said the selectmen needed to make sure the structure was likely to be completed. “It’s an acquisition of some substance, any acquisition of capital still requires town meeting action.”

Koed suggested that Glenn Pratt be invited to address the board on procedure.

Selectmen voted to transfer DiNero’s Italian Restaurant all alcoholic license to Ronald P. Vale of Hingham, dba Corner Shop Eatery, Inc. Vale and his family, who are actually DiNero’s neighbors, said he and his wife plan to reopen the West Corner restaurant as a modern American tavern.

At upcoming meetings selectmen will discuss the open meeting law, will hold another public records workshop, and work on computer use policy.  Almost every board in town needs new people. Persons interested in serving the town should contact the selectmen’s office.

The board’s policy on Selectmen’s email will be discussed a future meeting.

The Secretary of State’s office suggests that towns assemble a team comprised of legal counsel, the Manager of IT and electronic systems, and a record custodians. “Written policies must be established. Personnel who handle emails must be trained to ensure compliance. For retention purposes, the content of the message must be evaluated.” And while you’re dong all this, keep in mind Fourth Amendment implications.

Selectmen can contact the secretary of the commonwealth for staff training.

Upcoming American Red Cross Blood Drives 

Tuesday, May 14, 2013              Knights of Columbus

2:00 PM – 7:00 PM                     440 Nantasket Ave, Hull

Thursday, May 23, 2013             Weymouth Club

9:00 AM – 2:00 PM                     75 Finnell Drive, Weymouth

South Shore Elder Services, Inc. is seeking volunteer drivers and kitchen assistants for meals on wheels in your community. Kitchen assistants are needed for about 2 hours, midmornings, Monday-Friday.  Assistants assemble meals for drivers. Drivers pick up meals at local meal sites, late mornings, Monday-Friday.  Deliveries are made within town and take 1-2 hours.  Mileage reimbursement is available. Please consider helping homebound elders in your community.  Meet other wonderful volunteers and enrich your own life at the same time! Please contact South Shore Elder Services, Volunteer Coordinator, at 781-848-3939 ext. 430, or jhodgdon@sselder.org

The South Shore Chamber of Commerce, the region’s largest Chamber, will relocate its headquarters from Quincy to Rockland, MA in June of this year. The announcement was made today by South Shore Chamber of Commerce CEO Peter Forman, who stated that the Chamber’s new home will be at 1050 Hingham Street (Route 228), Rockland, with convenient access to the Route 3 (Exit 14) interchange.

Two great afterschool programs at Holly Hill Farm are happening now at Holly Hill Farm:  Hardy Holly Hillers meet on Tuesdays from 4-5 p.m. Come outside and join us for after school jaunts around Holly Hill Farm.  Recent studies suggest that today’s children suffer from Nature Deficit Disorder, a term coined by Richard Louv, author of “Last Child in the Woods.” This afterschool program will give children the interaction with the natural world they need, allowing them to expend pent up energy and become familiar with the diverse ecosystems of the farm and notice all the beauty of spring.   “After School Animal Club” meets Thursdays from 4-5 pm.  Celebrate the return to spring as the animals in the barnyard regain their sprightly step, shed their winter coats and eagerly enjoy new company.  Weekly chores include feeding the animals, collecting the chickens’ eggs and tucking all the animals into their shelters for the night.  Join the club and make friends with the farms’ animals.  For more information, visit www.hollyhillfarm.org.  781-383-6565.

Hull Lifesaving Museum Summer Adventure Program

The museum’s Summer Adventure Program offers six weeks of discovery and exploration for children ages 5-9. Summer Adventure meets Tuesday-Thursday from 9:30-12:30, with a different theme each week.  *Registration for Pond Yacht Racers is $95 members, $110 nonmembers (due to a higher material cost).  Registration for all other weeks is $85 members, $100 nonmembers (scholarships and 10% sibling discounts available). For information, please contact Victoria Stevens at 781-925-5433 or email victoria@hulllifesavingmuseum.org.  

The Quincy-South Shore Chess Club meets every Wednesday from 6:30 to 8:30 p.m. at the Community Center in Roche Brothers Supermarket at 101 Falls Blvd in Quincy. Free and open to all from children to seniors. Beginners welcome. www.quincychessclub.com or 857 888 1531.

BARE COVE FIRE MUSEUM is open every Wednesday night from 7:30-10 p.m. and by appointment. Call 781-749-0028 for more information or check out the website at ?barecovefiremuseum.org. The museum is located at 19 Fort Hill Street inside Bare Cove Park, Hingham.

Rotary Club of Nantasket-Hull meets every Wednesday evening from 6pm until 8 pm, at Bridgeman’s.               

 May 15, 4 p.m.

 The Kaleidoscope Chamber Ensemble will perform at The Art Complex Museum in Duxbury. Formed in 1996 by musicians with a wealth of chamber music experience, Kaleidoscope committed itself from the beginning to presenting a wide musical repertory, diverse in style, period, and instruments. As the name implies, the group’s combination and number of instruments is constantly changing, even within a single concert. Chamber works with as few as two players may be programmed with larger works of up to six or more performers which include string players, wind players and a pianist. Kaleidoscope’s broad repertoire ranges from works from the Baroque era to the most recent 21st century compositions.

Kaleidoscope has appeared widely in concert throughout the New England area. Their most recent tour took them to the Midwest and the Rocky River Chamber Music Series. After their Cleveland concert, the Cleveland Plain Dealer opined that the performance was “kaleidoscopic in shading and expressive nuance.”

The free concert is scheduled to begin at 4:00 p.m.  It will include music by Johanes Brahms, David Diamond, Darius Milhaud, and Robert Schumann. www.artcomplex.org 

May 15, 5-7 p.m.

 Do you have trouble opening jars? Is turning keys difficult? Join us for a seminar to learn how to manage hand stiffness and weakness, and how to ease aching hands. John Kadzielski, MD, hand surgeon from South Shore Orthopedics, LLC and Kirsten Bogaard, OT, certified hand therapist from South Shore Hospital’s Outpatient Rehabilitation department will offer their expertise and advice, and answer audience questions. The seminar will be held at Linden Ponds Season’s Catering Room, 203 Linden Ponds Way, Hingham.  Please register by calling (781) 794-7849. The program is free and open to the public and a light dinner will be provided.

May 16, Noon

Kenneth Gloss, proprietor of the internationally known Brattle Book Shop in Boston’s Downtown Crossing section will give a free and open talk for those at least 60 years of age on Thursday May 16 at the Elks Club in their Connolly Room. The club is located at 1197 Washington Street in Weymouth. The Weymouth Senior Citizens Recreation Club will hold its monthly meeting at 11:30 with Mr. Gloss’ talk entitled, “Is There Value in Your Old and Rare Books?” at 12 Noon. Following his Q+A session at the conclusion of the talk he will appraise all books and documents brought by those in attendance while the assembled enjoys the repast provided by the Recreation Club.

The Brattle Book Shop is one of America’s oldest and largest antiquarian bookstores. 2013 is the 64^th year of Gloss family ownership. Kenneth Gloss succeeded his late father, George Gloss, a well known figure both in Boston and national antiquarian circles. He had worked in the store since childhood and chose to go into the book business rather than pursue a doctorate in

chemistry. He became the sole proprietor upon his father’s death several years ago. “I found that

books were in my blood and that I would never be really happy if I abandoned the business.”

Gloss will bring to the lecture several examples of notable books, magazines and ephemera from the store’s private collection, such as a 1912 World Series scorecard and examples of old LIFE Magazines. He also will show a sales brochure for the Titanic. “New England homes are treasure- troves for old and rare books that have increased in value over the years,” says Gloss.

Among the many organizations in which Kenneth Gloss is a member is the Antiquarian Booksellers Association, the Antiquarian Booksellers Association of America, the International League of Antiquarian Booksellers, the New England Antiquarian Booksellers of America, the Massachusetts and Rhode Island Antiquarian Booksellers Association, the Committee for the Boston International Antiquarian Book Fair and the Boston Society. He also is a Fellow of the Massachusetts Historical Society as well as serving on the Board of Overseers of the USS Constitution Museum.

The Brattle Book Shop is proud to have been a contributor to the WGBH Annual Auction each year that the station has held this fund drive. He has been a guest appraiser on PBS’ Antiques Roadshow numerous times over the years and has been a popular guest on WBZ Radio as well as other radio, TV and cable stations numerous times. His bylined articles continue to appear in various antique journals and in print and online consumer publications. The Brattle Book Shop is also the recipient of several “Best of Boston” awards in the categories of Best Book Shop or Best Antiquarian Book Shop plus it has been included in a list as one of North America’s best bookstores.

Further information about this talk and more about book-collecting, appraisals and future free and open talks, please call the Brattle Book Shop at 1-800-447-9595 or visit their website, www.brattlebookshop.com. 

May 16, 11:30 a.m.

 The Weymouth Senor Citizens Recreation Club will hold its next regular meeting in the Connolly Room at the Weymouth Elks, 1197 Washington Street. The speaker will be Kenneth Gloss, proprietor of the Brattle Book Shop in Boston’s Downtown Crossing.  Members are reminded to bring their old book and documents for free appraisal. Refreshments will follow the program.  The 50 year-old club welcomes all seniors, 60 and over.

May 17, 7 p.m. 

Leathernecks Motorcycle Club Massachusetts will hold a Fat Guy’s Meat Raffle (select meats form Prevites). All proceeds will support local veterans’ charities. The event will be hosted at the Weymouth Eagles,  1338 Washington Street, Weymouth. Raffles all day – Meat, Groceries and 50/50. Ten FREE Meat Drawings will be held at the end of the evening.  Refreshments will be available.

May 18, 19, 25, 26  10-4 p.m.

The long anticipated Holly Hill Farm Plant Sale will be held over two weekends. There will be organic plant starts for the home garden, with reliable favorites and some new varieties for your home vegetable gardens.  Organic soil amendments from Vermont Compost will be available for purchase as well as organic fertilizers and pest controls. The farm stand will be open with produce and eggs for sale.  Members of the Friends of Holly Hill Farm (the non-profit education center based at the farm) have a special opportunity to shop on Friday May 17 from 4 to 6 pm, ahead of the general public.  Become a new member that afternoon and see what all the excitement is about!  In addition to early admission to the famous plant sale, Friends of Holly Hill Farm members receive other benefits including discounts on all programs and workshops at the farm, free admission to the Members’ Annual Spring & Fall Events, Spreading Roots (our quarterly newsletter), a copy of our Annual Report, and the knowledge that your membership supports an organization dedicated to using an organic farm to teach the value of sustainable agriculture, preservation of historic buildings, woodlands and open spaces.

May 18, 8 p.m.

 The Coffee House off the Square presents Singer-Song Writer David Mallet.  Even if it weren’t garden time, it would be time to hear Mallet, author of the Garden Song  (“Inch by inch, row by row, gonna make this garden grow. . .”) and many other memorable songs. His music reflects his upbringing and life in Maine and his sense of its people,  including those “who should not have stayed, but did.” But it goes further since music is one of the few things that are timeless” and “human emotion is one continual chain.”

Mallet was named one of most memorable “Mainers” of the 20th Century along with Marshall Dodge, Andrew Wyeth, and E .B. White, but his reach goes far beyond. http://www.myspace/.com/David Mallettmusic.

The Coffee House is at the Old Ship Church Parish House, 107 Main St., Hingham Square, just up from the Loring Hall Theater and on the T’s 220 bus from Quincy Center. The event starts at 8:00PM with a half hour open mic.  Admission is $15.00 at the door – sorry no reservations. Volunteers are welcome (free admission).  Refreshments and beverages are $1.00, and net proceeds benefit the Unitarian -Universalist Service Committee.

 For information call 781-749-1767 or go to www.bostoncoffeeshouses.org/Old Ship/OldShip.html.

May 18 , 9-1 a.m.

Plant lovers take notice! The hustle and bustle at the parking lot of the Historical Society will peak on the 18^th of May between the hours of 9am and 1pm when the Community Garden Club of Cohasset holds its highly regarded plant sale. In case of rain, the sale will take place inside the Pratt Building (106 South Main Street). Linda Fraker, president of the club, says ”we offer this very popular event every year. It is a way of promoting the green life, provides a venue for lots of plant discussions, offers a variety of plants at reasonable prices and helps us raise funds enabling us to run numerous programs that serve the Cohasset community.

The perennials and shrubs on offer are from the gardens of club members and friends. Plants are tough, climate hardy and suitable for our soil, wind, and temperature extremes. In addition, there will be a variety of annuals, herbs, and vegetable seedlings that club members have expertly started from seed. Most of these are organic!

Gardening expertise is not necessary. Experienced garden club members will be on hand to help with selection, to answer questions, and give advice.

The proceeds from the plant sale will help support the many community projects to which the club is committed. These include maintaining the grounds at the Light keeper’s Cottage, at Constitution Park and at the Pratt Building. In addition, the club provides monthly garden therapy at Golden Living Senior Residence, a monthly Junior Gardener program for students at Deer hill School, and scholarships for deserving high school seniors.

May 19, 1:30 to 3:30 p.m.

An opening reception for one of The Art Complex Museum’s most ambitious exhibits of the year, New England Society of Botanical Artists, From the Mountains to the Sea: Plants, Trees, and Shrubs of New England, is scheduled for May 19, from 1:30 until 3:30 p.m.

The exhibit of native New England plant portraits is the first stop of an ambitious eighteen-month show of works on paper that will travel to all of the New England states. This juried show includes seaweed, fungi, spectacular wild and garden flowers, trees and shrubs in traditional botanical art style  – botanically correct and aesthetically appealing. Artists include professionals whose works are catalogued and collected by the Pennsylvania’s Hunt Institute of Botanical Documentation, as well as those who are illustrators for the Smithsonian Institute in Washington D.C., the New York Botanical Garden and other institutions.

In keeping with the mission of its parent organization, the American Society of Botanical Artists, the New England Society will also provide artist demonstrations as well as gallery talks on subjects such as the history of botanical art throughout the world and in colonial America during the Age of Discovery.  In addition, a second body of botanical artwork by South Shore artists will be on display portraying plants from many habitats throughout the world. The show will run through September 8. The museum is open, free of charge, Wednesday through Sunday, 1:00 until 4:00 p.m.

     In addition to The Art Complex Museum, the exhibition will also be shown at the Montshire Museum of Science in Norwich, Vermont; the Bartlett Arboretum, in Stamford, Connecticut; the Audubon Education Center in Bristol, Rhode Island and the Coastal Maine Botanical Gardens.

May 19, 2-6  p.m.

 The Massachusetts Country Music Awards Association, a nonprofit organization supporting and promoting live country music, will be having a country music jamboree Sunday, May 19th, at Jake’s Bar & Grill, 579 West Street /Rte. 106), West Bridgewater. Host band will be Luv ‘N’ Country.  Also to appear:  The Jim Libby Band, The Farm Hands Band, MCMAA 2011& 2012 Junior Entertainer of the Year Joey Grieve, Steve Perkins, Tracyanne Stanton Philbrick.  There will be door prizes, 50/50 raffle, cash bar and food for purchase.  Line dancers welcome!  This is a family event, so bring the kids!  Admission is $5 for members, $4 for Hall of Fame or Lifetime members and $7 for nonmembers.  Become a member that day at $20 single/$25 couple and your admission is free!  For more info visit www.mcmaa.net or contact Suzanne Adams 774-226-5251.  Get ready for a toe tappin’, knee slappin’, heel kickin’ good time!  Hope to see ya’ll there!”

May 22, 6 p. m to 8:30 p.m.

 An invitation is extended to all residents of Abington, Rockland, Weymouth and Hingham to meet in the downstairs Jones Room of the Tufts Library, at 46 Broad St. Weymouth. This invitation is extended to all elected officials of the host communities for the purpose of clarifying their fiduciary services to their respective constituents and towns. A review of the contamination issues at the former Weymouth Naval Air Station will be the first order of business. Whitman’s Pond and Weymouth’s drinking water supply present status will follow. Taxpayer concerns, broken NO COST re-use plan, are municipal agreements legal? Audience participation addressing these issues is encouraged. The Advocates of Rockland, Abington, Weymouth and Hingham (ARAWH) are happy to share information gathered by independent engineers and scientists with support from the Federal Environmental Protect Agency (EPA).

 May 31, 6 p.m.

It’s a fine time for a Garden Party!  The eve of May 31st, at 6 p.m., Golden Living Cohasset invites: residents, families, friends, neighbors and the public to a fun filled Garden Party. Let’s kick off the party with musical entertainment, games, hors d’oeuvres, and plenty of events so please join us.

The party theme, “Everyone don a hat and plant a flower” will prove to be fun.

The garden patio at Golden Living is already in bloom. The new water fountain, awning for shade and walking path will all be enjoyed  by all. If you have any further questions about the event, please call 781 383-9060.

June 1 through June 30

South Street Gallery (www.southstreetgallery.com) announces that renowned Gloucester painter Charles Movalli will be the featured artist at the Gallery from June 1 to June 30. The exhibit, “Around the Hub: Movalli’s Boston” features new, real-life paintings of Boston by Charles Movalli, whose paintings, completed over the winter, will depict actual Boston scenes of everyday life. “These won’t be Boston Common and the usual picturesque images, but rather regular images – people walking down streets, men going to work, policemen on the corner, and a view from Southie.” Movalli mentioned that one of his new paintings shows the Boston Sand & Gravel Company, located off I93.

June 8, 7 p.m.

 The Hull Knights of Columbus is having its annual Scholarship Dinner Dance with dinner being served at 7:30 P’M at the K of C hall 440 Nantasket Ave., Hull. Music will be provided by DJ Bob Caldera. The menu consists of steak or lobster dinner at $30 per person. For reservations call 781-925-1712 with you choice of steak or lobster. Everyone welcome.

June 14, 15, 16

 58th Annual Arts Festival, Cohasset Common. Ninety plus juried craft artists, art exhibitions, music, children’s art tent. To volunteer contact Tim Waite, mailto:festival@ssac.org   Lobster Rolls at the South Shore Arts Festival are a Cohasset tradition – Father’s Day weekend, Friday, June 14 thru Sunday, June 16.  Lobster Rolls at First Parish, Strawberry Shortcake at the Second Congregational Church, and a showcase of crafts and fine artists from New England and beyond make the Festival Weekend a terrific family event.

Order your lobster rolls early and consider treating your whole family or office staff to a Toast to Summer.  First Parish, adjacent to Cohasset Common, has held its price for the all-meat lobster rolls and a bag of Cape Cod potato chips at $13 for several years.

The lobster rolls are so popular that pre-ordering is highly recommended, and walk-ins will be welcome as long as supplies last.  They have sold out three years in a row.  More than 60 volunteers contributed to the sale of 1,200 lobster rolls last year.

There are several ways to place your lobster order:  pick up an order form at the Parish House on Monday – Thursday 10:00 – 3:00;  call Diana Kornet at 781-383-6576;  or e-mail firstlobster@verizon.net.     Mail your check to First Parish Cohasset, 23 No. Main St., Cohasset, MA  02025.

 June 27, 10-Noon

 Norfolk County Register of Deeds William P. O’Donnell will hold Office Hours at the Cohasset Town Hall located at 41 Highland Ave. in the Basement Meeting Room. Register O’Donnell and members of his staff will be on hand to answer questions about the Norfolk County Registry of Deeds. The Register will have information about the Massachusetts Homestead Act as well as on-site work stations that can provide in real time the status of your mortgage discharge, a print out of your deed or a demonstration of how Registry technology works. No appointment is necessary.

June 28-29

The American Cancer Society Relay For Life® of Cohasset/Hingham/Hull/Scituate will be held this year on Friday, June 28 – Saturday June 29 at DCR’s Wompatuck State Park in Hingham, MA. Our planning committee is so excited to celebrate the moving of the event this year to the Town of Hingham and to celebrate the 100^th birthday of the American Cancer Society with the involved surrounding towns! We have many new and exciting activities planned for the event this year, but are looking for more teams to sign up and get involved! If you have ever been touched by cancer, please consider forming a team! The event is also seeking volunteers – walkers, cancer survivors, caregivers, community leaders, anyone wanting to make a difference – to organize and recruit fundraising teams, garner community support, coordinate logistics, seek refreshments and prizes, plan entertainment and lend a hand to ensure the success of the 2013 event in your area.

Volunteers and participants who are willing to give their time and energy to this exciting event are making a commitment to let the local community know that cancer can be defeated. If you would like to join the Relay For Life of Cohasset/Hingham/Hull/Scituate as a volunteer or team participant, please call your local American Cancer Society staff partner Rebecca Ybarra at (508) 897-4343 or rebecca.ybarra@cancer.org or committee member Jacqui Vitello at (781) 383-2668 or pjvit@aol.com. For more event specific information, please visit us at www.relayforlife.org/CohassetMA. You can also pick up a team captain packet or more information in your local community at two locations, Our World Museum in Cohasset, MA or at the Hingham Public Library in Hingham, MA

Just under 30% of Cohasset voter  (5814) went to the polls and cast 1740 votes May 11.
Every other race in town was uncontested.

Gjesteby’s statement

 Yesterday my husband and I met with the Acting Town Manager as a follow-up to emailed communication to me from the Manager of last week. That email was copied to you, Mr. Chairman, and to you, my other colleagues.

The communication disclosed to me for the first time that the Acting Town Manager had directed the Town’s Information Technology Director to inspect and read email addressed to my town email account. He caused that effort to occur by improperly directing the IT staff person to access the Town’s email server, and bypassing my password.

The Acting Town Manager took this action without prior notice to me, and without requesting my permission. He took this action without a vote of this Board. He appears to have taken this action without seeking the opinion of Town Counsel. This type of behavior is unprecedented in my memory, having served Cohasset in elected office since the 1980s.

I cannot accept this action by the Acting Town Manager as being proper under our frame of government. We are a government of laws, not of men.

Mr. Chairman, colleagues, and citizens of Cohasset watching from home around the Town tonight, I ask you: How can this type of behavior by the Chief Administrative Office of our community can ever be right?

I ask you how this can be allowed to happen in our community. We are the chief elected officials of the Town. We serve at the pleasure of our fellow citizens. It is a breach of our democratic form of government to have an appointed official survey elected officials’ email without authority or notice.

This improper action by the Acting Town Manager clearly puts a chilling effect on the ability and the right of citizens to communicate with their elected representatives – a right protected by the Constitution itself.

Must we at all times comply with the state Public Records Law (MPRL)? Of course we must. Of course we do. That is not the point.

The point is this: There must be procedures in place. Those procedures that must be followed regarding authorization, notice, and the right of an official to claim an exemption under the MPRL.

The Acting Town Manager cannot second-guess the legal direction of counsel. He cannot breach my rights, or yours. Mr. Chairman, I move that this matter be referred to Town Counsel for suggested action.

The conclusion of Gjesteby’s statement

 Acting town manager Mike Milanoski updated the board on his role in accessing Gjesteby’s email, saying he was utilizing standard procedure. He said he had spoken with town counsel and the supervisor of public records. At some point he said Gjesteby sent off several letters, yelled at him and threatened him, saying she would sue the town if he continued moving forward. He said he was again accosted by Mrs. Gjesteby Monday morning.

Gjesteby told her board that she had been having problems with her server at town hall for some time. On April 19^th she called in her own IT person who told her that her password to her town account had been attached, and that some form of pishing may have occurred. Gjesteby told Tinytown Unleashed that she was concerned that certain persons were about to have some fun with her and her account by sending out e-mails that would have affected the upcoming election, particularly when citizen Chris Allen’s request for emails seem to revolve around people running for office.

“I am afraid all year-long people have been looking at my computer,” Gjesteby said.

Milanoski denied that he had any assess to Gjesteby’s computer but then said that his IT person did have assess to her account through the server, and the IT had gathered emails from her account through the server, after-all.

Gjesteby said that Selectman chair Paul Carlson and Milanoski told that that they didn’t have to tell her that a request for information had been filed.

Milanoski said Gjesteby had been notified.

Gjesteby said she had asked Milanoski to check with town counsel; “Town counsel said he wanted to see the emails before they were given to Chris Allen.”

Milanoski said he checked with Lou Ross of town counsel’s firm.

“We did get a letter from town counsel with specific instructions,” Selectman Fred Koed said. He added that if this had happened to any other selectman and they had not been informed of the request for 5-6 days, there would be some concern. He said normal procedure is to ask the selectmen to produce the documents requested. Koed asked Milanoski to give him a written copy of the procedure he was using to obtain documents from selectmen’s accounts.

Milanoski said he had nothing written down.

Koed then seconded Martha’s motion to seek town counsel’s advice regarding procedure.

Vice chair Diane Kennedy said “This would be a lot nicer situation if there had been some kind of communication.”

Citizen Agnes McCann said it was unseemly that the acting town manager was being put on an equal footing with a selectmen, saying the board should not let him sit there and argue his case.

Editor’s comment: the above issue has already been decided by annual town meeting when it voted for amendments to the Town Manager’s Act:  

“The town manager and any person acting under his supervision, direction, or control shall have no authority to access the electronic communications of any town officer or employee, or information maintained in a personal work area or computer of any such officer or employee, unless such access has been approved in advance by the board of selectmen or by a member designated by the board to act on such matters.”

The above language was written by and recommended by Town Counsel. It could not be any clearer.

This is the link article we wrote about Selectman Gjesteby’s visit with the acting town manager on 5th. http://wp.me/p3o8kv-2iY

Selectman Fred Koed says he felt it did rise to that level because sensitive information about union negotiations had been released by anonymous poster Cohasset007 and/or frozenturkeyforall.

Carlson said town counsel was concerned about privacy and first amendment rights. He suggested that the town let the McMorris family pursue the issue. “It could be a quagmire,” he said, noting that IP addresses would have to be obtained for over 4900 computers and that a consultant may have to be hired to investigate the computers.

Vice chairman Diane Kennedy said the board needed to relook at its computer policy.

Koed said the board had to proceed because a leak coming out of town hall could open the board up to unfair labor practices. He said the McMorris family was going forward with its investigation into a poster who libeled their daughters. “We have to figure out how we’re going to move forward.”

Although Koed noted that every computer has its own IP address, Carlson noted that the town’s system was set up so that emails went out through one of three servers that might make it difficult to identify individual computer IPs.

Citizen Agnes McCann said:  “You can either have someone go through the town computers or do nothing, so why not go through town computers? Employ an independent professional.”

Kennedy urged her board to “Make it a priority.” She noted that there were a lot of comments about a whole number of people on the blogs. “I’ve had many phone calls about this. I want to do anything I can to move forward.”

Adrienne MacCarthy said the schools already have a policy. “The information put in these posts could only have come from certain people from within certain departments. That’s a thread,” she said. “This whole civility, thing, it’s not working. When something’s not working, you need to try something else.”

The acting town manager said there were ways to eliminate people from having access to certain sites. “A town computer can be stopped from looking at those papers. But some departments need to look at those papers.”

Koed said he would bring the state’s computer policy to the next meeting and selectmen will investigate how other towns are handling these dituations.

Carlson said the major papers reluctant to get involved in this. “We don’t know if they’ll cooperate. I’d rather wait and see if the McMorris’ come up with more specific information.”

Kennedy: “Where does it end?  How many people going to ask us to investigate the comments?

Original Tinytown Unleashed article http://wp.me/p3o8kv-2gB

Allen told acting town manager Mike Milanoski he wanted all emails between Gjesteby, Tanna Kasperowicz, Ronnie McMorris, former town manager Mike Coughlin and Karen Quigley.

The search produced 11 emails, one between Ronnie McMorris and Gjesteby, 0 between Coughlin and Quigley, and the other 10 were from Tanna Kasperowicz (me). Everything Chris Allen paid for had been on my blog.

Milanoski is supposed to have a vote of the board of selectmen before any gathering of e-mails from their public accounts.

* Milanoski did not have a vote from the board of selectmen, of course they haven’t had a meeting since April 22.

* No one selectmen, and certainly not the town manager, has the power to bind the Board of Selectmen. That only comes from a majority vote.

* Milanoski did not inform Gjesteby of Allen’s request until late last week.

* Gjesteby recently hired her own IT who told her that her private e-mail and public email accounts had been hacked.

* Gjesteby reported the hacking on May 6 to acting police chief Bill Quigley after having alerted the District Attorney’s office.

* Milanoski did inform town counsel of the letter he was going to read and deliver to Gjesteby at his 2:30 p.m. meeting with her and her husband, but town counsel did not have time to advise Milanoski of any changes. It must be town counsel’s fault that he cannot turn advice on a dime.

At the commencement of the meeting with Gjesteby and her  husband, Milanoski told the couple, in a prepared, written statement that he read to them:

       “We have complied with the Public Records request from Mr. Allen on the town side for emails backed up on the Town server and have redacted as required. However, you will need to print out any emails on the Town Account you have received from the time you were elected to the end of August 2012. Our new Chief Technology Officer (hired in summer of 2012) was able to program the serve to begin storing emails in August so you will need to print out any emails from Ronnie McMorris, Mike Coughlin, Karen Quigley and Tanna Kasperowicz that are stored on your computer prior to then.

Also, since you have also used another account for town related business that is not backed up on the town server (this may be in violation to (sic) state records retention regulations), you will need to print those emails out from the date of your election as requested in the public records request. I have spoken to the Public Records Division of the Secretary of State today to confirm these emails sent to/from (the couple’s private email address) are subject to the public records law, that I have followed the correct process for releasing the existing emails. Also, these public emails you are storing will need to be processed as soon as possible subject to state approved privileged exemptions. (Editors note: Huh?) According to the secretary of State: It is the responsibility of government employees and elected officials, who create, receive and maintain public records to ensure their safekeeping and availability to the public. ”

While it is true that any emails that find themselves in any selectmen’s public account are public, it is not true at all that emails in any selectmen’s personal email account must be made public upon a public information request. But, it is true that Milanoski, via his garbled document and his misunderstanding of the public records law, told Gjesteby she must comply immediately.

In order to entertain looking at a selectman’s personal e-mail account the board of selectmen must have some proof that the selectman is involved in wrongdoing. And then they must convince a judge.

What is doing business with the town? Let’s say someone wants a liquor license, and they are offering to pay a selectman large sums of money for it, or public officials are discussing among themselves, via e-mails, ways to overthrow the conservation commission, or are plotting with a private concern to take over the town’s water supply, or are plotting through personal emails to fire the town manager and replace him with someone more to their liking.

It would seem the acting town manager has already snubbed his nose at the newly enacted Town Manager Act amendment. While it has not yet been blessed by the Commonweatlh, we were asked to adopt its mood and tense at town meeting.

The new 5B (h) says:
(h) The town manager shall have access to all information necessary for the proper performance of the duties of town manager in accordance with the town bylaws, not including however attorney-client privileged information which is provided to or by the board of selectmen, unless the board specifically authorizes such access.

Notwithstanding the preceding sentence, the town manager and any person acting under his supervision, direction, or control shall have no authority to access the electronic communications of any town officer or employee, or information maintained in a personal work area or computer of any such officer or employee, unless such access has been approved in advance by the board of selectmen or by a member designated by the board to act on such matters.

Did the board of selectmen vote to give Milanoski permission to access Gjesteby’s town email account? Definitley not. Milanoski jumped the gun again.

Citizen Chris Allen may think it would be interesting to learn what scintillating conversations Gjesteby has with others on her private  email account. But when it comes to private conversations, there’s a difference between need to know and want to know.

Free Martha from two more years of harassment

Vote for Karen Quigley and Russ Bonetti on May 11.