Sunday Notes August 19 2012

The Political column deals with the 2 major issues of the week. The Licence Commission and the Mayor’s appearance on City Life. Otherwise not much going on.

Credit to the SUN for this new item involving Mr. Bayliss and the Manager:

Bayliss also contends Lynch carries personal bit­terness. Lynch came to Low­ell and knocked board mem­bers off city health insurance because it was an “illegal benefit.” Bayliss was able to win his health insur­ance back on appeal.

“Bernie does not like to lose and he is still upset I won that battle,” Bayliss told The Column. Lynch declined comment, but an adminis­tration official confirmed Bayliss regained his city health insurance on what they deemed “a loophole.”

I have many questions but especially this one. Since the Manager meets with a potential board member BEFORE he appoints them, wouldn’t it have been more “Professional” to meet with a member face to face to ask them to resign BEFORE making it public and dragging their name through the paper and blogs?

I spoke with Mr. Bayliss yesterday (we were both at the Shaw Farm Ice Cream stand / Store) and he said the Manager never met with him privately to request his resignation.

Is this a case of tit for tat and the Manager taking the position you didn’t act “professionally” so why should I?

Word inside ‘the bubble” or in the undercurrent or the chirping from the Boo Birds in the Downtown Mob (whatever you want to call the rumors that sweep this city in political circles) is that the Manager believes he has at least 4 votes in support of removing Bayliss (Broderick, Martin, Murphy and Nuon) and that is all he needs.

I have more faith that Atty. Broderick and Atty. Martin will go in with an open mind understanding that this is basically a tribunal and that Mr. Bayliss is due a fair and impartial hearing.

After some of the public comments that both Martin and Councilor
Kennedy have already made, people may wonder if this is possible – (Courtesy of today’s Sun column)

What we are faced with really is the intransigence and stubbornness of two members of the License Commission who just refuse to acknowledge the existence of a problem that this council has endorsed as a problem, that the Police Department has said is a problem,” City Councilor Bill Martin said at the council’s July 24 meeting.

“They’ve kind of wasted the time and said, ‘We are not going to do anything,’” Councilor Ed Kennedy said of the License Commission. At Thursday’s public safety subcommittee.

Both Councilors Kennedy and Mercier seem a little upset that the City Solicitor and City Manager seem to want to be the ones to schedule the hearings without anyone asking the council for their impute. Yesterday on Saturday Morning Live on WCAP Councilor Mercier stated it better be at a time when all 9 councilors are available and not when 7 or 8 can be there and in today’s Sun Councilor Kennedy said the council should set the time and parameters.

Fellow board member Brian Akashian could be called as a witness and he is on the record in today’s sun saying “I always thought they acted professionally and did what they thought was best for the citizens of Lowell,” when asked about his former board member and the Chairman.

It will be interesting to see if Board members serving on other boards testify on Mr. Bayliss’s behalf and I would not be surprised to see 1 or 2 Police Officers called to testify on behalf of the Chairman.

Does this boil down to a board member serves at the ‘pleasure’ of the Manager and the Manager can without ever issuing a verbal or written warning remove a member for what he perceives as “just cause”?

Some might say that the argument that “Bernie should have given him a warning’ is weak and ask why A grown man needs to be told how to behave?

In this state and especially in this climate I have seen 1st hand that an employer has all the burden of proof when it comes to dismissal (even though most of us work “at will” jobs) and that if Mr. Bayliss takes it to court (and there are still differences in interpretations of the Charter and his right to go to court) the burden is overwhelmingly on the Manager and if there is no record of a formal complaint and Mr. Bayliss has never been contacted by the Manager , Council or Solicitor about his conduct or comments than his chance of staying is greatly improved.

I would not be at all surprised if Mr. Bayliss won and then resigned a short time later. This fight is now about his reputation and family name and in my humble opinion may have never happened if the Manager had the courtesy of talking directly with him instead of going first to the press.

The Sun nicely recaps the Mayor’s visit to city life and his confrontation with former Manager Taupier (George Anthes holds me responsible for this entire kerfuffle and is still whining about my criticism of him not asking the former Manager to provide some better information to support his statements) and the feedback goes from the Mayor was justified and made Taupier look bad to former Manager Taupier was belligerent, smug and a bit nasty.

The sun couldn’t resist getting into the Mayor’s fashion sense (or some would say lack thereof) regarding his unscheduled appearance on city life (I suspect on his way to work) noting “Murphy was wearing a Patriots T-shirt and khaki shorts’

The sun mentioned that “Taupier’ said the woman who provided information about the possible theft told Councilor Rita Mercier she had given the info to Lynch, Murphy and perhaps the city auditor before other councilors. Taupier argued he was repeating what he heard or read. But as Murphy stated, he could not have read that story in the newspaper.

In a pleasant email exchange I had with former Manager Taupier he did admit that he was WRONG and that “I thought I read the event’s profile in the Sun. However, I remembered who told me just yesterday when my partner told me who it was. Poor Rita was not the one who told me.”

It should be noted that the Auditor did in fact receive the unsigned letter earlier. She got it Tuesday and gave the Manager the heads up (She was wrong on that, she WORKS FOR THE COUNCIL) and they didn’t find out until Thursday when they received their copy.

The Auditor is supposed to be the check and balance for the council on the Manager /Administration and her loyalty is supposed to be to them not Bernie Lynch and she has not shown that since she was hired.

With so much going on you may have not noticed that Mike Lenzi has yet to resign from the Greater Lowell Tech School Board.

Jim Buba is a loose cannon who is so politically bent on attacking the Democrats that he used the recent sun story about the RMV to send out an email to many respectable fellow republicans and insinuate that either State Rep. Kevin Murphy or former Sen. Steve Pangy were somehow the real “masterminds” and that Byrne and Tully were taking the fall for them

Never mind that the Federal indictment is 100% crystal clear in clearing ALL of the delegation but as I stated at the time both are Attorney’s would not be stupid enough to risk a Law License for $5,000 – $6,000.

What is more upsetting to me isn’t the nitwit comments in response by Tom Wirtanen, that is to be expected, it is the silent support Buba received through the lack of response by some people who I respect on that list (a few who are actual candidates) to point out to Buba what a stupid statement and premise he is trying to spread with ZERO evidence to back it up.

If BUBA and a few of those silent candidates is the best the Republican Party can do, there is no wonder that this is a one party state. here’s the email;

From: jamesbuba [jamesbuba@comcast.net]
Sent: Thursday, August 16, 2012 6:44 AM
To: Blossom; C R Krieger; Brian Latina; Eddie Stott; TPKelly Curran; Mike Dineen; Mike Farquhar; Nathan Lamb; Patrick McCartin; Roland Ward5; Tom Gilroy; Tom O’Brien; Tom Wirtanen
Cc: Barbara Klain; Bill Hudak; Bill McCarthy; Dennis; George Boag; Georgann MaGaha; Gerry Nutter; Jamison Tomasek; Jim; Jeff Wilson; John Nappi; Joseph Whitcomb; Jonnie Walker-Rohs; Kamal Jain; Kathy Mailhot; Lee Ann Kay; Melissa Briscoe; Merle Green, Jr.; Michael J. Benn; Mike Dapcic; Nelson Benton; Paul Rohs; Mr. Lucas; Rick Green; Robert Merrill; Susan Slade; TEA PARTY; LRCC Toni

Subject: Will the real Co-Conspirator #1 please stand up

http://www.lowellsun.com/ci_21316756/westford-man-charged-scheme-lowell-rmv-move?IADID=Search-www.lowellsun.com-www.lowellsun.com

I encourage all of us to repeatedly post this on every site and blog. Co-Conspirator #1 is a member of the Lowell Legislative Delegation that Tulley, Byrne et al were ‘negotiating’ with to retain the RMV in Lowell. You will recall that Tulley took the fall and this helps bring closure to Mr. Byrne.

I was hoping that $250,000 was too much and more would come of it. Since Reps Golden and Nangle were eliminated early in this Federal Investigation, one of the remaining two is likely to take the fall for the other.

Jim Buba
Lowell, MA

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9 thoughts on “Sunday Notes August 19 2012

  1. Regarding who the Auditor works for, Mr Nutter is exactly right.  It is the City Council.  It seems to me she should have slid by the Mayor’s office enroute to the Manager’s Office.  Good on you, Gerry.

    As to the James Buba EMail, Gerry and I exchanged EMails last week, as I noted here.   Yes, I didn’t mention Gerry by name.  Why would I?

    I also commented on the subject at Left in Lowell, here.

    Regarding the whole thing, I expect that the US Attorney is on the right path, but I also remember the Senator Ted Stevens imbroglio, where the Department of Justice Public Integrity Section of the Criminal Division rapped the knuckles of the lead attorney and several others over the whole mess.  And, in this day and age the actions of Mssrs Tully and Byrne seem not just illegal, but also inexplicable.  It is a sad commentary on our past that someone would believe that public officials could be bribed to make things happen, or not happen.  Or, in this case, per the allegation, that two Perps would believe they could convince a Mark that public official are open to being bribed.  This isn’t Chicago [no link needed] or New York City or, to go local, Boston.  Incidentally, Ms Dianne Wilkerson is the one who infamously told a TV Reporter, on Camera, after a Constitutional Convention, that “The ends justify the means.”

    Speaking of “ends”, in the end the Mark seems to have not believed it either.

    So, to get back to my post, where I quoted Dr Tracey Perez Koehlmoos, truth is what protects the rest of us and it is important and must be guarded.

    Regards  —  Cliff

  2. NOTES:

    The Manager is throwing a temper tantrum because the Board will not exceed its authority and good judgment according to his demand. Bayliss is right to fight back.

    I’m not sure what replacing two Board members will do as good for the City, but they will be Lynch-friendly and at the very least, we will only have him to blame when the Downtown Crime Rate does not recede.

    My E-mail was a comment on a matter that has not been fully resolved and/or reported. The article I cited reported a plea settlement between a citizen and the government. Since it is an FBI matter, I can say for sure it is a Federal matter dealing with Massachusetts State and/or City of Lowell public officials.

    Cliff was kind enough to point back to Jack’s recent blog entry in which he cut and pasted part of the indictment referring to persons as Public Official 1, 2 and 3. There were quotations and comments further included in the indictment and Sun reports that said “Lowell Delegation”, which of course means up to five local politicians. Two of them were reported in Sun articles as having been questioned in the course of the investigation and emerged ‘unscathed’ if you will by further implication.

    If “Lowell Delegation” includes up to five and two are off the proverbial hook, then up to three left would likely include ‘Co-Conspirator Number One’, which certainly identifies one of the remaining three as being that person. There is no mention of names.

    In fact, I too did not mention names, but Gerry did, adding them as though I had named two of the possible three. Wasn’t it Mr. Nutter that made partisan comments about people in the non-partisan 2011 local elections?

    Wow, and I’m the loose cannon? Be assured of this, none of the three possible Lowell Delegates are beating down my door telling me to shut up. I wonder if Gerry can say the same.

  3. Thanks Jack, Try this:

    FIRST MIDDLESEX DISTRICT
    James J. Buba, of Lowell (Republican) has…………………….. (33.92%) …….. 16,335
    Eileen M. Donoghue, of Lowell (Democratic) has……………. (50.98%) …….. 24,549
    and appears to be elected.
    Patrick A. O’Connor, of Lowell (Independent) has…………… ( 8.65%) ……… 4,158
    All Others…………………………………………………………………. (2.69%) ………….. 13
    Blanks ……………………………………………………………………… ( 6.43%) ……… 3,096
    Total Votes Cast…………………………………………………………. (100.00%) … 48,151

    http://www.sec.state.ma.us/ele/elepdf/rov10.pdf

    Another source. I have added the percentages for your convenience as the State needs not that detail.

    • Mea culpa, Jim. I asserted the narrow finding of the Lowell election result. Doing so unfairly cast you in a more negative light than you had earned. I let my bias and haste overcome my sense of factual diligence.

  4. As usual. I am cast as a nitwit without anyone even attempting to aswer the questions posed. So again, as to both, 1) where did the other $2000.00 go? 2) Who is co-conspirator #1, and what does the information in lieu of indictment say?

    As to the mayor’s impormptu appearance on City Life, I have consistently given the manager the benefit of the doubt and asked the blogger gaggle to assume there was no cover-up. Aren’t we worse off? What Cliff called a lack of due diligence I call gross incompetence. What do these people do all day besides drive into the city, collect a fat check and go home? Oops. $35,000 out the window…not a clue !

    If you think that the City Life appearance enhanced the mayor’s image, completely contrary to the protocol of the show. then I am not alone among the area nitwits.

    If you can’t stand the heat, get out of the kitchen. God Bless Walter Bayliss.

    Thomas A. Wirtanen

  5. Oblivious to corruption in every department and ever increasing violence?

    Oblivious to downright theft?

    Getting the City sued for nothing while trashing a neighbor who has served the City forever?

    We are far worse off, Joe, yes men and bobbleheads nothwithstanding.

    Thomas A. Wirtanen

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