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FinCom Chairman steps down -
Submitted by MJB on October 29, 2008 - 16:49.
General | Real Issues
- CLARIFICATION -
See below for a clarification on the issues that lead to the action by Mr. Labonte.
We are hoping that someone from the BOS will comment on this story, as it is quite troubling.
Out of respect for the FinCom Chairman, blogMillville has been reluctant to post anything on the resignation of Gerard Labonte, longtime FinCom member and chairman.
We are told that Mr. Labonte had requested to consult with Town Counsel over an issue regarding a matter dealing with the Fire Department Budget.
This request was denied by the Board of Selectmen. We will let the Selectmen respond to this claim.
There has been significant issues between the FinCom and the Fire Chief regarding the overspending of certain budget line items. The Chief is operating with the attitude that he can exceed his budget at any time, regardless of anything the town (as town meeting), the BOS, or the FinCom may do or say. The only logical assumption one can make is that while the Chief is considered a "strong chief" (MGL 48 Sec 42-44) he can not exceed the amount appropriated by Town Meeting.
Seems that the Chief has been doing this for some time.
Seems that the FinCom is attempting to put a stop to this sort of lax (on the part of the Fire Chief) budget management.
We say, good for them, and urge the BOS to reconsider their action.
The FinCom, which is the fiscal watchdog agency that makes sure your tax dollars are spent correctly, has never asked for support from the Town Counsel. Certainly this is an issue that should be explored, and the Fire Chief should be shown the errors of his ways.
Imagine what message the BOS sent to the FinCom with a 5-0 vote to deny their request? I guess you just can't legislate prudent judgement. Certainly anyone who knows members of the FinCom, you would be hard pressed to find a more hard working agency always looking out for the town as a whole.
Now there are at least 2 openings on the FinCom, perhaps the most important town board. We wonder what steps the Moderator is taking to fill these openings? It is difficult to get volunteers for this board, as it is very time consuming, and very important. We hope this situation can be rectified, and that Mr. Labonte might reconsider. His knowledge, professionalism and hard work has long been recognized by those of us who care for Millville.
Here are links to MGL 48 and the appropriate sections. You be the judge. Do you think the Chief has a blank check? Also, there is rumor that a half-million dollar fire truck is in the offing. (Fall Town meeting). Me thinks the world wide financial crisis, and resulting recession must not be affecting our small town?)
Comments welcome:
Here is Chapter 48 Section 42 for your reading pleasure.
Chapter 48: Section 42. Establishment; appointment of fire chief; compensation; removal; powers and duties
Section 42. Towns accepting the provisions of this section and sections forty-three and forty-four, or which have accepted corresponding provisions of earlier laws may establish a fire department to be under the control of an officer to be known as the chief of the fire department.
The chief shall be appointed by the selectmen, and shall receive such salary as the selectmen may from time to time determine, not exceeding in the aggregate the amount annually appropriated therefor.
He may be removed for cause by the selectmen at any time after a hearing. He shall have charge of extinguishing fires in the town and the protection of life and property in case of fire.
He shall purchase subject to the approval of the selectmen and keep in repair all property and apparatus used for and by the fire department. He shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon engineers in towns except as herein provided, and shall appoint a deputy chief and such officers and firemen as he may think necessary, and may remove the same at any time for cause and after a hearing.
He shall have full and absolute authority in the administration of the department, shall make all rules and regulations for its operation, shall report to the selectmen from time to time as they may require, and shall annually report to the town the condition of the department with his recommendations thereon;
he shall fix the compensation of the permanent and call members of the fire department subject to the approval of the selectmen.
In the expenditure of money the chief shall be subject to such further limitations as the town may from time to time prescribe.
The appointment of the chief of the fire department in any town or district having a population of five thousand or less may be for a period of three years.
Is there more to this story?
It's hard to believe that Mr. Labonte is resigning over lack of access to Town's Counsel, and there has to be more to it than that. The Chief's assertion that he'll procure the said truck regardless of the fin-com's recommendations, and even against the town's wishes (i.e. the town votes down the warrant he's requested) is whimsical, and frankly, sounds more like a childhood tantrum the Chief is throwing. Consequently, there is some justification for the BOS to view this for what it is, and not to waste tax payer dollars asking Town's Counsel "can he do that?". Of course he can't do that.
Imagine, for example, the Chief in the "Fire Trucks R US" sales office saying, "I like that one", and the sales person saying, "Great Fire Chief, all we need to get this going is a 10% deposit, and we'll finance the rest for you because our bank has all kinds of money now that the tax payers have bailed us out. Will that be cash, check or credit card?". The Chief then gulps and says, "Do you mean I have to put down cash for this truck? I thought I could do like lots of home owners and just sign some paper work that says I promise to pay for it, when I know, in fact, I can't pay for it? Besides, by the time the repo man catches up with me, we'll get three or four good years out of that truck!" The Sales person then responds, "Damn, if only you came in last year I could have helped you out. Call me when you have the cash in your hand ok?"
So what is the real reason Mr. Labonte is resigning? It certainly isn't about this, and frankly, I shutter to think what the real reasons could be. Could it be he doesn't want to suffer the indignation of presiding over the budgets of a town that goes into receivership? Remember that vote to allow the town to borrow short term monies? I do remember voting no, and being in the vast minority when doing so. I think Mr. Labonte has served us all very well over his tenure. Mr. Labonte didn't cast the deciding vote that is likely to put us into bankrupcy, we the town's people did, and I can't blame him if he decides that his personal reputation would suffer if the inevitable happens as a result of that vote. I thank Mr. Labonte for his service, and wish him the best.
So who is going to replace him? I say let's do away with the Fin-Com all together, and hire a real town administrator who will not only make recommendations on budget issues, but will be responsible for executing on that budget, bring us the grant monies we're eligible for, and keep the the town's employees in line when they have their childish moments. And yes, he'll need a college degree thank you!