Happy Retirement Sarge

After serving the State for 25 years and 11 months, Sargent William Nutter is retiring from the MA. State Police. Bill worked for many years as a member of the Capital Police at the State house in Boston, he became a State Trooper with the 1992 merger of the Public Safety Dept. Bill embodies what you want in a State Trooper, a knowledge of the Law enforced with compassion and respect. Bill loved his job. Some officers get tired or bitter but Bill loved to go to work everyday and felt it an honor to be a State Police Officer.

He retires now to spend time as a proud father of two beautiful daughters and doting grandfather of two. He will enjoy his time with his wife Val spoiling the grandkids.

Does Store have cause to appeal?

I’m no Lawyer and don’t play one on this Blog but I ask this question in hopes that someone will know the answer and enlighten me.

Does Dracut Convenience Store  have the right to appeal the findings of the ABC because their Lawyer is in Conflict of Interest?

SUPREME JUDICIAL COURT RULE 3:07
MASSACHUSETTS RULES OF PROFESSIONAL CONDUCT
 
 CLIENT-LAWYER RELATIONSHIP

Under Rules of Professional Conduct- Ch 1  Except as law may otherwise expressly permit, a lawyer serving as a public officer or employee shall not: negotiate for private employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially, except that a lawyer serving as a law clerk to a judge, other adjudicative officer, arbitrator, or mediator may negotiate for private employment as permitted by Rule 1.12(b) and subject to the conditions stated in Rule 1.12(b).

(d) As used in this rule, the term “matter” includes:

(1) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter involving a specific party or parties, and

(2) any other matter covered by the conflict of interest rules of the appropriate government agency.

Since a sitting State Representative has a vote to approve, recommend to cut or vote against the budget which contains the funding for the Alcohol Beverage Commission isn’t their Lawyer in Conflict and should he not have told them that?

Also because he gets a salary as the Lawyer for the Dracut School Department and the School gets their money from the town of Dracut, which gets Local Aid funding from the State that gets voted on by the House of Representatives, isn’t representing this store against the town a conflict?

On the MA Board  of Bar Overseers home page 1 under filing a complaint http://www.mass.gov/obcbbo/complaint.htm

It shows: Examples of attorney practices clearly prohibited by the Rules include:

  • Engaging in work for a client notwithstanding the existence of a conflict of interest, as defined and prohibited by the Rules of Professional Conduct.
  • Can the Dracut Convience Store now use these rules to appeal and drag on this process due to Kevin J Murphy and end up not only winning but costing the town added Legal expenses?

    Captain Conflict aka Kevin J Murphy

    REP. Kevin J Murphy aka Captain Conflict (of interest)

    Once again Capt. Conflict has stepped into the spotlight showing his arrogance and total disregard for trying to avoid any appearance of conflict of interest by representing a client in front of the MA. Alcohol Beverage Commission. A body that is part of the State Treasure’s Office and one that  the Elected  Representative has budgetary approval over.

    How or why a sitting State Rep. can continue to represent clients in front of a state board that he has fiscal oversight of any kind on is beyond me. He could if he felt slighted or wronged vote to cut their budget, have the Auditor investigate them or a number of other things to make them uncomfortable.

    He will point to this situation and say What are you talking about, I lost the case. Not the point here Murph but you have shown time after time you don’t get the point. 

    He  serves as far as I know  (he was as of Oct 09) as  The Dracut School Departments Lawyer. Okay so the Town pays him as a Lawyer and he represents a client in front of the ABC who is appealing a ruling made by the same town who pays him to represent their school dept but that isn’t a conflict?

    How about for example when  Rep. Murphy represents the bus driver’s union in Lowell, in contract re-negotiation talks with the Lowell Regional Transit Authority (LRTA.) The LRTA receives a quarter of its operating budget from state funding–which Rep. Murphy gets to vote on.

    He even represented Lowell’s four assistant school superintendents in contract renegotiations one of which was his wife. (For which Rep. Murphy secured a $10k raise two years before his wife’s contract expired.)  And how is this not a conflict of interest?.) 

    How he can earn a full time salary as a REP of $70K ( a base of $61K, $7,200 for Expenses and a $26 a day per diem to drive to the State-House) and earn over $100,00 in Private practise yet never be in conflict according to him. If not Legal Kevin how about just the appearance of conflict or doesn’t that matter as long as your getting paid?

    Murphy claims one doesn’t interfere with the other but where was this self proclaimed champion of education when it came time to vote in January on Education reform? He did not vote.  Was he in Court of representing a client before a State board? No one has answered my question on that.

    Did he resign or was he removed from the house education committee if as he stated the other day he will fight for education? When is he going to be called on to answer these questions?

    I will email him 5 questions…Care to guess whether he has the courtesy, backbone or courage to answer me. I doubt it, he will ignore me like he avoids answering any who challenge him about his conflicts.

    Tom Golden went after slick Willy in Lawrence, what about the King of Conflict here in Lowell Tom? Do you have the courage to go after him like you went after Willy?

    Lowell Pays Coaches Top Dollar

      There was an article in the Lowell Sun the other day that focused on the long hours coaches put in for what turns out to be  minimal pay. It showcased a couple area coaches and showed that with their preparation and off-season programs most coaches work for less than minimum wage when all that time is factored in.

    What a friend pointed out to me and what I found more interesting was the side bar story about salary comparison of area  Varsity coaches;  Based on this story Lowell appears to pay their coaches much more than any other communities in  the area for the major sports.

    Let me be clear here before I get crushed with comments, I am not disputing the hours put in by a coach or the fact that coaches are not in this for the money. Most spend a great deal on what they make on the program or the kids in one way or another.I’m also not saying we should eliminate sports. I’m just pointing out that Lowell seems to pay the highest salary in a time when money is tight and funds can be better used elsewhere.

    In Football Lowell pays $13,353 which is $3,250 more then the next highest  area school (Billerica). In Basketball it is a $3,400.00 difference, Ice Hockey and Wrestling $3,174, Baseball/Softball $3,724.00, Cross Country $2,767.00

    I know it may not seem like a lot of money but with tight budgets and possible level funding coming from the state, reductions and cuts may be a necessity so  isn’t it time the needs of the many outweigh the needs of the few? (Mr. Spock Star Trek, Wrath of Kahn)

    While sports is an important part of High School life and a way for some to get into college the average student doesn’t participate nor attend most of the sporting events. In the other sports like Field Hockey, Tennis, Track etc. salaries are much closer. Why is it in these sports we pay $3,000 more?

    If you total the difference between what Lowell pays in Football, Basketball, Wrestling, Baseball and Cross Country. it equals $19,039 more then the next highest district. Couldn’t we buy some needed text books or  computers or Library books that more students could use?  

    I always thought and still do that the average student gets neglected. Tthey are provided the minimal service while the Athlete and the “smart kids”  get the attention, the better teachers,  better schedules and tutors.  The Special Needs kids get extra support and services.  Your average student who doesn’t participate in sports and isn’t an honor high honor student goes along usually un-noticed. It may seem like a small item but as a guy who was the average student it was always something that I noticed and thought was unfair.

     If we need to make any cuts and with negotiations coming up for the Football Coach,  we need to look at the salaries for coaches in these sports and  line them up with the rest of the Merrimack Valley Schools.

     The article which can be found here: http://www.lowellsun.com/ci_14258908?IADID=Search-www.lowellsun.com-www.lowellsun.com

    *Note from the Sun Colum : Top-step salaries are listed from those teacher contracts with salary steps based on experience; current coaches have not necessarily reached top step. At most schools, boys and girls coaching the same sport (example, basketball) make the same pay.  Sources:   School department budgets, teacher contracts, athletic directors

    Deval Patrick pal passes on re-elect bid

     

    According to today’s Boston Herald State Sen. Marian Walsh will not seek re-election this fall.

    The West Roxbury Democrat, 55, who had been a state senator since 1993,  announced her decision  to her  constituents in a letter yesterday afternoon, according to State House News Service.

    An early supporter of  the Gov. Deval Patrick, Walsh came under fire last year when Patrick tried to appoint her to a plum $175,000-a-year post that had been vacant for a dozen years.

    My friends on  Left in Lowell refer to this episode as one of the incidents that are media created and blogger driven non stories  (In LOL words “ stupidest, trivial things that when looked at factually, actually aren’t scandals)

    Here is just one the many stories on this issue last year:

    Outrage is sweeping Beacon Hill after Gov. Deval Patrick quietly slipped a $175,000 plum job to a political pal while squeezing taxpayers to pay more for less from the debt-ridden state government.

    Asking citizens to fork over 19 cents more per gallon at the gas pump while bracing for cuts of cops and teachers, Patrick awarded supporter Marian Walsh the pricey plum as assistant executive director of the state’s Health and Educational Facilities Authority.

    The job has been vacant for 12 years. The appointment of Walsh, 54, a Democratic state senator from West Roxbury, was revealed amid news of a $1 billion state deficit while Patrick continued his vacation in Jamaica.

    Patrick appointed Walsh’s husband, retired District Court judge Paul Buckley, to a $113,000-a-year job as director of the state’s industrial accident board. He’s eligible to take home a $92,000 pension upon retiring.

     She has always been a bit controversial and has never backed down from a fight. In 2005 Senator   Walsh filed a bill requiring financial reports by churches. Many felt that this bill originated in an effort to enlist civil power on one side of an internal dispute within the Catholic Archdiocese over parish closings

    In 2004 at the State Democratic Convention Nikki Tsongas presented a her an  award named for her husband the late Senator Paul Tsongas. It was given to Senator Marion Walsh for her work in the gay marriage debate. Considering she came from a very Catholic district she went with her beliefs that all people have the right of marriage and many expected her to lose her re-election bid especially when her opponent centered his campaign on the Gay Marriage Issue. She was Re-Elected by 65%. 

     Now that she is not running is she going to work for the re-election of the Gov. full time or will she  soon  join his revamping cabinet?

    Baker Tisei Lowell Kick-Off Rally

    I received my Invitation today and am extending it to you…

    You are invited to attend our campaign kick-off rally in Lowell!  Join Charlie Baker and Richard Tisei as we officially begin our campaign for reform on Beacon Hill and get Massachusetts working again.  The event is this Sunday, January 31, at 12:30 at the VFW Hall in Lowell. The hall is located at 190 Plain Street in Lowell.  Turning around Massachusetts starts with you!                                                     

    RSVP today by clicking below, then pass this on to friends and family:

    https://bakerforgov.wufoo.com/forms/lowell-event/  

    Thank you for your support!

    The Baker Committee

    Stories from the In-House Monitor

    20 Years ago I worked as the In-House Monitor at the Greater Lowell Vocational School. When a student got sent to In-House he/she had to sit in a classroom, not talk, not sleep and were supposed to do their school work. My job was to make sure they came to In-House and that they did not enjoy the experience. I was called the Warden, the Jail keeper and a few other names not printable in a family friendly Blog. I started working at the school as a substitute teacher and then took the In-house job when the guy who was doing it let the students turn In-House into a friendly place you wanted to go to hang out and do nothing all day. From time to time I’ll share a real story from back then that should make you laugh or chuckle a little.

    The following events are true…really I could not make this stuff up.

    The 1st day I’m subbing at the school I was a Phys. Ed teacher. Those that know me would be laughing already since I was the kid who was picked last for any team and played right field in Little league but I digress. I’m in the teachers area in the Pool when a male student walks in fully dressed and ask the other teacher if he could talk with him “privately”.

    The other teacher assured him he could speak in front of me and ask the young man who was a junior why he wasn’t changed for the pool. With a straight face and all sincerity he explained that he and a “new girlfriend” had sex the previous evening and he had hurt himself and therefore he could not take gym. The other teacher was a veteran who had been at the school for many years and with the same straight face and sincerity replied to the young man “I’ve been teaching here for almost 15 years and thought I had heard every excuse, yours however is a 1st and for no other reason than that, you are excused and may go sit in the bleachers.”….I on the other hand being a 24 year old with no experience was holding my side trying to suppress laughter and had tears coming out of my eyes.

     I would never ever in my life think of telling that to anyone let alone a gym teacher to get out of class. The fact that the other teacher never cracked a smile was amazing to me.  

    I can’t imagine what the teachers hear or deal with today.