KP|LAW 4 a M8 The Leader in Public Sector Laww pico December 16,2020 Mark. etch secre son Hon. Michael S. Ross and “Members ofthe Board of Selectmen Billerica Town Hall 365 Boston Rosd Billerica, MA 01821 Re: Request for Investigation by Police Chief Dear Members ofthe Board of Selectmen ‘As you are aware, Police Chief Daniel Rosa has submited to Town Counsel a package of information and requested an investigation to determine whether actions of members ofthe Board of Selectmen, both individually and collectively, constitte violations ofthe Town Charter. ‘Specifically, Chief Rosa claims thatthe incidents outlined in his package evidence the involvement of Selectmen in the day to day administration ofthe Town. He states that such actions violate the Town Charter and seeks an opinion as to whether those actions may give rset lability forthe Town, and advice on “future performance”. ‘The provision ofthe Town Charter at issue inthe Police Chief's request appears to be Section 3-2(b) which sates in pertinent par, “The Board of Selectmen shall serve asthe chief policy ‘making ageney ofthe town, responsible forthe isuance of policy directives and guidelines to be followed by all town agencies serving under it, provided, however, that no individual member ofthe board of selectmen, nora majority of them, shall at any me, attempt to become involved in the day- {oxday administration of the affairs ofthe town.” The Chief is concerned that the matters detailed in his filing evidence violations of Section 3-2(0) ofthe Town Charter In my opinion, while the incidents detsiled in the Police Chet filing demonstrate involvement by the Board of Selectmen in a number of matrs, they do not appear to involve ‘violations ofthe Town Charter as none ofthese incidents demonstrate involvement by ¢ Selectman in the day-to-day administation of the affairs ofthe Towa, The intent of this provision isto prevent the Town’s chief policy-making body from actually directing employees wth respect to the administration of such policies. The implementation of policies falls tothe Towa Manager and ‘partment heads pursuant to the Charter withthe Hoard of Selectmen providing broad policy ‘guidance. However, the Board of Selectmen isan elected body answerable tothe voters and residents ofthe Town. It is therefore incumbent upon the members ofthe Board of Selectmen to familiarize themselves with circumstances within the Town so they can best develop policies deemed necessary by them to guide the Town's administration. While at times there may'be «fine line separating pelicy guidance from actul involvement, in my opinion te incidents referenced by ‘the Police Chief, but for one as discussed below, donot illustrate ations by member ofthe board of| KP Law,P.C. | Boston « Hyannis + Lenox Northampton + WorcesterKP|LAW ‘Hon. Michael S. Rosa and “Members of the Board of Selectmen December 16, 2020 Page 2 ‘Selectmen that cross that line. 1 will review each ofthe incidents below and provide comments snd ‘recommendation with regard to these incidents |. Bridge Street Noise Complaints (On October 25, 2020, he Police Department received complaints about noise arising from a large house party on Bridge Street. The Departments dispatcher logged several calls ‘regarding that party, including a call fom Mr. John Burrows. Ina recording ofthat call, M. ‘Burrows can be heard to state that he himself had received thee calls fom residents regarding this party and felt it was recessary to report them, He also indicated that he had 5 SERRE ESSREEEEEEETE eer | sons. bern kt one: 76 SANE SE mobo evn, cers 1 RANEVAY ROAD tame |16-0898 eLzhica wave, oOLESEX ‘ms SResenssna ‘Eseass ° | so arAsSVeNT ‘xr a8 lence [Brrmisiew [wee |Stseuncen oon reo Tiumome — C]venenncas Drovower __ Cprnrermernee o [Sus _[SoRnows, sre re le Pm escent On Friday May 14,2018 while assigned to the Ba-4p shift in the Ciiminal Investigations Bureau Dst Edvard Peterson and | responded to Aspen Apartments 147 Rangeway Road, Billerica, MA for report of harassment/trespassing on the construction site 1 147 Rangeway Rd, Billerica , MA wo met witheagI=< onstruction Upon artval Supervisor. Mr. MBF od detectives that an individual by the name of JOHN BURROWS has been on site the past three days and would not leave when asked tu do so, Ms fod that act fall [on 45 diferent occasions BURROWS came on the property also. Mr. tates on of the | frst times last fall he had a face to face conversation with BURROWS . Mr informed BURROWS that it was an active construction site and that he could 1% Froperty without checking in at the taller and also could not be on sto without proper safety Equipment IE: hardhat. BURROW responded "i's no big deal tm a Union Rep and fm on the Finning Board in Town. Burrows then stated” you're nol folowing the rules down here tm going to have @ meeting with the board about this". Mr. ted that shortly after this the site was inepected by a compliance safety and health ins sm the Massachusetts Occupational | Safety and Heath Administration(OSHA). Mr hen provided deta on another incident in the fall of 2017 where BURROW we fand stated he was organizing forthe local ee ee‘8 Good ot, Barca, MA, Ona) PWone:sreart.oice FAX TET IES? inieperspoten. og Jct, oss, RANGEIAY ROAD : conimoncess. {16:0098 [SULEACA nacitez MOOLESEK [carpenters union, Mra stated he provided information to BURROW to contact the homie lffce in New Jersey about the norvunion /union issue and'told BURROWS "I dort think itis going {to change, we have a contractor in place’. BURROWS replied "we will see about that’ Mr states that he didnot seg BURROW throughout the winter months and into the beginner 2018. At the end of March 2016 framers started constuction onthe third apartment buing On May 9, 2018 BURROWS showed up onsite and pulled his truck in front of Mr. pickup tack end stated thru an open window "got some violations up there”. Mr. stated he asked Burrows to move his truck and leave the property and if he had an issue MSrcaf the home office in NJ. BURROWS replied" art contacting them, Im caling OSHA". Mr stato tat on May 10, 2078 Jeff Olver -@ Compliance Safety and Heath Inspector fom prachusetts Occupational Safely and Heath Administration arrived at 147 Rangeway Ra, Bilerica, MAto address a complaint tho Employees are exposed to fal hazards from roofs and elevated surtaces. The complaint numbers 1396370. Mi. EMM belioves that BURROWS is ealing OSHA ith these calms in an attempt to halt the progress of construction. cont date May 1.2018 BURROWS was again on st taking photographs ofthe bulking eonaucion Mt in saled BURROWS to oave ane roped when fm ready Not ranting confonsten i. a vurther and called police after BURROWS te the so. did not say any Meta fects hat BURROWS i attempting to intmidate him ae the constuction uperitttent to uso union labor andi afraid that BURROWS could relat to othe tactics to achieve his goal. Iprovded Mri a sample Letter of Trespass. Upon returning tothe Billerica Police Department { conducted a check of the New England [Regiona Councl of Carpenters web site, This site under the Leadership Directory lists’ JOHN BURROWS as an organizer. | then checked the Town of Billerica web page under Planning Board] members which shows JOHN BURROWS as a member and his term on the board expiring April 2019. 1 also learned that the term of Burrows appointment was two years. | further learned that BURROW was elected tothe Billerica School Committee on April7, 2018 and that shorty after winning this seat has vacated his position on the planning board. {Atthistime case will emain open pending the issuance of Letter of Trespass to BURROWS. . SEE GE TTPate Doprennt ‘coad Store, A O14 PHONE; eTbsT4.D FAK:ATEGBTER Il@biletcaptcr ors [Sino cote oeuvres suena wove eae owns lesinanisonss (On May 18, 2016 | spoke with Construction SuperintendentgSamIEIBro advised me at is time they have decided not to send a letter of tresspass to Mr. Burrows. Case closed. ——~Det. A, DeVito #130-————— Favaizo rs _[posa oneTown of Billerica Police Department 6 Good Street Billerica, Ma 01821 (078) 671-0900 Fax (978) 667-3532 ‘won billerospolice.ofg Daniel C Ross, ft Chief a II 52020 ‘ chief, Please be advise the Billerica Police Department recelved a complaint about 2 gathering Bridge Steet, Bilerico, Massachusetts this evening, ‘A short synopsis of the call follows; ‘025 Oct 20 at approximately 5:40' (The caller ollce Department received an Incoming call from The calltake for this incoming call was rrplained how there was. “lgamtc party" on Bie Steet She eid not know the ‘exact location of Bridge Street but sald there were ‘ ‘about ferty (40) cars there, there was a big tent at the yard and she suspected nobody had tnasi, Telecomunicatii exlaned how typcaly tretendta deal ith mse fompllnts a the 10:00PM bor. ABI tared to ak aloud ‘whether the people at the hous, where the party was oerted had nose permit discussed hov she was an essential worker and needed to get Up eaty and also mentioned the Governor's protocol {or eatherngs. MAUAMNtzo 21d someting tothe eect, "Do need tocalla Selectman Next, Telecommuricsto ised me, Sergeant ‘of the complaint and subsequently Office GNP 2s dlspatched tothe scene to aicss and resolve necessary. 0n25 0720 appovinstely 546 POF cer SNUB ptched tothe ridge Steet wet oe ne eatin the complainant de. 09 25.01 29 apposinaty 58 Pf I aries Bg Set ares and ‘enties lige stret asthe location the complatnant discussed, Officer SUMMED 2idthore were about ten (10) crs parked on Bridge Steel of which were wel off street and causing no problem. Als, Officer ABB denies about another twenty (20) cats parked at 100 Treble Cove Road, also rt enusng parking or rafilssues. Officer Said there was must paying butt was not very lus, OFce MBI sid there was a ‘wedding inthe back ord but nose was ata reasonable level.freer IRN sc there ad not appear tobe any asves but he would check the lestion again tr (0n 25 OCF 20 a approximately 8:17 PM-Bilerca Police Department received an incoming cal fom 3 SEIN called The caller 10 from this nconing cl VT. Telecomms. eam answered the incomng alo S31 She was ld ealler how its usually 20PM for acise complaints Bugs she was in the A Force and had to getup early in the morning. Forther AQIENBEDPentoned how the areas densely pope Rae {i lec, A Ras advised we (BPD) Would senda patrol car tothe area to adress her corlant. te (0n25 0c 20 at approximately €:18 PM Bllerica Police Department receved an incoming cll ftom Selectman Joh SURROWS(The caller 0 From this naming call was Teleconmunt a answered the incoming caf from sleetman BURROWS. Selecman BURROWS told TelecommunicatorgAIMow he had received three (3) eizen complaints regarding aloud party on rie treet. Selectman BURROWS explained how he drove by the Bridge Street locaton with the windows of his car dwn sche could easly hear, Selectman BURROW said how he did NOT eee the noise from the home was 0 loud. Selectman BURROWS alo mentored how there wa about twenty (20) to thiry (30) cars ‘on ridge Street at this time, Selectman BURROWS was advised by Teleconmunlstor gg how we(@PO) would be sending police officer to the scene aan to assess (0n 25 CC¥20 a approximately :22 PM: Bilerca Police Ofcer Es dispatched to MBbridge street ‘on 25 OCT 20 at approximately 8:27 PI- Eillerica Police Officer SA rived 3 fridge Street. At 8:31 PM Officer Bama divsed BPD the party was going tobe ending and any partygoers would be going inside the hore. (0025 cr 20a approximately $100 PM: Biles Polie Officer SENET ised 870 there wes NO music emanating from jheayPeridge Steet propery any longer and there was oly about fe (5) eas etin the the area ofthe home =e Dilerc foes Department ‘Goce s Bier, va 0182 Direct Phones gency Prone: $784571-0800 Fax: 878-670-2762mu tierenelonars. “Fire nat i mo ed BS UEsen Hamter ater acne rodent ole frat: er ‘Town of Billerica Police Department 6 Good st, Billerica, MA, 01823 Dally Radio Log sens: one ee POM CHEEKOF LOCATION — Repathg Per: TT ac 17:59 OFC RMMIETATES THE FE NOSTING A WEEDING BET SSG e nae armen neasouas ve ocean SES MGT EE TATED THEY HAE 1 Ot THEREFORE Te CS TOO BEER: 171 no STATES LARGE GATHERING ATA HOME ON BRIDGE ST. STATES HO ‘fe Sereans To Be aakeo os socal OISTANER. wo REPORT eceves Dsptined Esoute Arie Canr Reso Toa tinevent Haba: aeytne Papo Nanber: Deaton: ao ‘Town of Billerica Police Department 6 Good St, Billerica, MA, 01823 ao-soas-ois7 sojasan20 20:20 iow ote: aN ese ‘OMI -O1CK OF LOCATION Rapug Peron: BURROWS, JOMN (878-406-4513) fee‘; 20:34 124 ADVISED THEY WERE YRAPEING TUF AKO BRINGING I SIDE Soi 2 denna nor een oeranenoe mse woe Frat ie MEcIVED 9 Aus Recanomte We Note, SEECTHAN BURROWS ‘FAleo ne onove ev re abanes so Hao ro mou. Dow" Ws WDNDOW Erbe To veAR src He DDT FEEL THE NOMS WAS TOO LOUD. BUT WAS ‘Sone rok Some He‘rama et ear charge a and earn Dove bene Deiat WICKEDLOCAL.com BILLERICA MINUTEMAN Select Board change vote to disband Economic Development Department Community Development Director Rob Anderson resigns from position Joy Hosford jhosford@wickedlocal.com pons opm ere 8,200 After a contentious four-hour meeting on Tuesday, Oct. 13, and a week that followed with a department head's announcement of their resignation, the Billerica ‘Select Board voted to “reconsider and rescind” thelr previous -2 vote to disband the town’s Economic Development Department. : Board member Dan Burns put forth the original motion! during the Oct. 33, remote meeting ‘that read, “I move the Board of Selectmen pursuant to their powers and duties under the ‘Town Charter, section 3.2B whereas the Board of Selectmen, serving as the chief policy- making agency of the town, responsible for the: issuance of policy directives and guidelines to be followed by all town agencies serving unit it set forth a policy directive, to disband the ‘Economic Development Department.” “The discussion to reconsider this motion was passed unanimously on Monday, Oct. 19. Board member Kim Conway spoke on the motion Burns put forth asking why he was looking specifically to "rescind and reconsider.” She also asked why the Board would choose to vote on the original motion at the prior meeting when it wasn’t on the agenda. we voted on something that wasn't on agenda,” said Conway, adding it specifically states in the Town Charter that the Select Board is not get involved, “..in day-to-day actions,” of Town Hall, Aline she said Burns omitted when he read his motion which included language taken from the Charter “What we did was wrong,” said Conway. “It was @ mistake.” ‘Burns said the line was omitted because he felt it, “wasn't germane,” to the topi¢ the motion was addressing, He said he called for the motion to rescind and reconsider because seprommenidadea ont torent eistiexarWitortenecnteitasearicdnonanseptnat; 9‘sre ec Ser cage vn dated Farts Oey Ona Community Development Director Rob Anderson resigned from the department on Wednesday, Oct. 14. Conway followed with a comment that Burns was looking to, “fire” Anderson. Chairman “Michael Rosa jumping in asking her not to put words in Burn’s mouth. ‘During the Oct. 13 meeting, Burns voted in the affirmative, along with Rosa and Vice Chairman John Burrows. The two dissenting votes came from members Conway and Andrew Deslaurier. ‘Moving on ‘Anderson submitted his formal resignation to Billerica Town Manager Jobn Curran after accepting a new position at MassDevelopment as the vice president of business development. His last day in Billerica is Friday, Oct. 30. ' “Anderson said he had received the job offer the week prior, and was not aware of what ‘happened at the meeting the night befbre he spoke with Curran, and was not invited to attend, or take part. i This is a great opportunity for me,” Anderson said when speaking about his new position, “When asked about his thoughts on the Board's vote he said he, "...felt somewhat perturbed given the fect that there have been some significant accomplishments that had not been ‘recognized by the Board of Selectmen.” ‘Anderson said from bringing in EMD Serono Research Center to the recent Home Depot pprefabrication center, he felt the board focused solely on the housing component of projects like 279 Boston Road that they disagréed with. “{ fhad] a huge problem with how the) handled it,” said Anderson. “If someone is going to attack someone they should at least be invited. “Anderson's resignation comes after the department's only other member former Commanity Preservation and Economic Development Coordinator Katie Mahoney resigned in mid- September after she, “..felt both personally and professionally threatened by three members ofthe Board of Selectmen who have differing political opinions than mine,” Mahoney penned in a letter. “This left me no choice but to pursue other career options.” Curran said he was surprised by the Board's Tuesday decision and will take the direction for the next Town Meeting to augment the budget. He said there was no notice prior to thesama lt at ange wt dan Eom eretomat opens ‘meeting that a vote on the topic would be taken. ‘Burns, Burrow, and Rosa said talk of the department's shortcomings has been ongoing for a ‘while now. All three had expressed their displeasure and concern with the direction of the department during the Town Mangers’ evaluation at the end of the summer. {itis} consistent with the guals and objectives that I put in my Town Manager's review,” said Rosa during an interview last week. He cited the planned unit development (PUD) overlay as the department's, “biggest failure.” t Burns said he has looked to discuss future options for the department, or how the town will address economic development in the near future. Conway said during an interview with the Billerica Minuteman on Friday, Oct. 16, she was “shocked,” by the vote to disband the department. “The whole thing was fumbled and handled so poorly,” Conway added. “Iam embarrassed to have been part of that meeting,” ‘She said in the week after she had municipal employees reach out asking ifthe vote was @ subtle message froma the Board on what could be done to their departments. “They’re worried,” said Conway. “It has become over the last sx-months a very difficult town. to work infor our employees. It breaks my heart,” > petmntiodoal oninytiecarmleneiaroritnroendnstntdenget debnd manana, 39‘wo Upen Mestng Law complains led against the wtlence Board of Selectmen age 1004 LOCAL NEWS Two open meeting law complaints filed against the Billerica selectmen “The ileca Board of Soleciman at a meeting in Aust of 2019, (rer et ‘ulecman Mite Rosa, Slecwoman Kin Conway, omer Salacbnan Es Gc, rman Dan BU) bby STEFAN GELLER | soeller@lowelisun.com | Lowell Sun PUBLISHED: November 6, 2020 a 8:22 am. |UPDATED: Noverber 6, 2020 at 48pm nips Jowellsun con/2020111/06two-open-meetng-lav-compiins-iled-agnnst-t.. 1/22/2000“Two Open Mestng Law complaints iled against the Billerica Board of Selectmen Page 2 of 4 DILLERICA — Two Open Maatng La corns have been fled against he ‘Board of Solacimen, accusing tham of legally voting to dsband the town's Economie Development Department last month wahout giving residents any note. “The volonin-question occured during a vital mostng on Oct. 13, when members ofthe board voted 3-21 "set forth a pole directv to disband the department while they wee inthe mide of cscustng the goals and objectvesofthe town, “Te thee board members who vated in favor fhe motlon —Dan Bus, Joh Burrows and Me Rost — have long ced thelr dspessur wi he ‘depariment, arguing hat was crated to bring mare commercial davelopment ino town bt has ony succeeded in righg unwanted residential lets. “The Ezonomic Development Office has morphed our zoning into something complelely diferent under the suspic that Rwas gong to bing us commercial {otal and restaurants, and kit happen,” Rosa said dung the meeting. That department | fe! needs tobe disbanded, thas fated us on every spectrum of measurement possible, They have rot served us wo atl” However, the ntle forth board's Cet. 13 meeting made no mention of the ‘Economie Development Department and, according othe fie of Atomey General Maura Healey, pubic bodies are required to Est epics on anctice with “sufficient specificty to reaschably advise the public ofthe issues to be discussed atthe meeting” ‘on Monday, the board acknowledged the recs of Open Meeting Let” ‘cornlaintsfled by Town Meeting Rep. George Noel and former Seleckman Ed ‘Gira, wth theater cling the action Hegel. “tot only is his type of directive outside tne puriw ofthe Sect Bosra, buts Airectve ts dofined as an ofl or autre instuctio, which nota goa! cr objectve’ Giroux woe, “Therefore this moon, presented by Select Board ember Buns, was an llega motlon and the subsequent vote called by the chaitwas an opal vote” ‘ “The fing ofthe two complies came as no suprise tothe board, 8 they arinausly votes to rescind the ruling on Oat, 19, wh dissenting board ‘members Kin Conway end Andrew Desaurir arguing that uch a decision was nat wahin thelr power ts make. tps fan Jowellsuncon/2020/1/OS/two-open-metingaw-complaint-filed-gainett. 11/22/2020| wo Upea Mesting Law complaints filed agains the Billeien Board of Selectmen Page 3 of 4 The into ofthe Vote that right was to eliminate the off. We cannot do that, thats very lear. Legily his board does nt have that ight” Conway sa. "What we oid was wrong, twas @ mistake, so nope we can fxthat and never ‘et that happen again” . Conway's sentiments were echoed by resent Cis Trou, who cain tha beginning othe second meting to comment cn the boat's decision “tus ft that the board overstepped ts bounds with what twas tying todo at the las meeting" Trvou sa. "thought hat wasn'ta very wise move, not onky Intems ofthe humane aspect off but aso subjecting the town to potest ewsuts* However, Bums argied that because tho motion he put foward was for 3 ‘olc dective and si had many tapes to passthrough before It could be enforced, the vote dt late the Open Mesting Law. =u because we exk and say 80 does make so, unt the fl process fe completed, 20 dont see that we dd anybing wrong,” Burns sad \When asked I esching voles eschves any potntal Open Mating Law issue, the AG's flees ea hat nthe past hey have determines Ht “conaiutes appropiate eradial action” sronsoneo content Toenail Fungus? Try This Tonighte By Fungus Eliminator supsi#ortowellawn.cons2070//06/we-apen-meetnglaw-compaint-fle-aginst.. 11/22/2020‘Two Open Meeting Law complaints fled agains the Billerica Boer of Selectmen Page 4 of eee ‘One Simple Method To Eiminate Toenail Fungus tips: lowellsuncon’2020/1 1/O6/two-open-mectinglaw-compains-fied-agelnst... 1/22/2020aw’ Verizon > 12:23 PM ve < Recents No Caller ID unknown October 27, 2020 11:35 AM Incoming Call 7 minutes