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CHELMSFORD — The Massachusetts Interlocal Allowance Association will not awning the town’s abeyant civilian claims filed adjoin it for a bootless aggregate acceding acceding with the town’s Police Superior Officer’s Union, a letter accustomed to the Sun shows.
The five-page bounce letter from the MIIA, a associates account of the Massachusetts Municipal Association, comes afterwards the Massachusetts Department of Activity begin assorted activity law violations the boondocks allegedly performed during arrangement negotiations in 2016 and above-mentioned to appropriate Boondocks Meeting in February, abutment advocate Gary Nolan wrote to the Sun Wednesday morning. Those violations accommodate “unlawful cooperation with a Commonwealth’s Joint Activity Management Committee console affiliate during arcane adjudication deliberations,” according to a website run by Nolan Peroni P.C., the law close apery the union.
“MIIA abjure to admonish you that it will not accommodate the Boondocks Defendants with a aegis and/or any apology for the claims asserted by the Abutment in the Demand beneath the Accessible Officials Liability Advantage Form,” according to the letter addressed to Boondocks Administrator Paul Cohen and accustomed in a accessible annal appeal filed by the union.
“While MIIA takes no position apropos the accuracy or authority of the allegations, we are answerable to analyze the allegations as set alternating by the Abutment to the Advantage Form to ability a advantage determination,” the letter, filed beneath the nonprofits’ Property & Casualty accumulation and anachronous June 20, adds.
Cohen said the letter “speaks for itself” and is a archetypal acknowledgment from the MIIA apropos civilian claims fabricated adjoin the town.
He said there has been “no action clearly filed” and that the abutment beneath the town’s appeal to sit with an adjudication console a anniversary ago.
“There is no base for advantage and the boondocks accepts that position,” Cohen said. “The boondocks continues to achievement the sergeants abutment will appear aback to the table for advantageous talks and to ability a six-year agreement.”
Sgt. Frank Goode, admiral of the Superior Officers Union, said that it is “not hasty that the allowance aggregation won’t avert this artful conduct abnormally back the union’s analysis apparent them so thoroughly.”
“It was bright that the allowance companies acknowledged aggregation has a solid butt of what the boondocks and boondocks administrator did,” Goode wrote in an email to The Sun. “This was a actual absolute ‘NO’ from the allowance company. It is too bad that the taxpayers of Chelmsford will now accept to bottom the accomplished bill.”
The two parties are accepted to accommodated in Boston with the Department of Activity Relations in February to potentially boldness an advancing altercation that began three years ago.
In 2016, the boondocks and abutment negotiated, and signed, a announcement of acceding for a almsman aggregate acceding acceding above-mentioned to the Board of Selectman declining to accept the agreement.
After added negotiations failed, the two parties filed for adjudication with the Commonwealth’s Joint Activity Management Committee. Adjudication attempts additionally bootless — sending the parties to acceptable adjudication area one of the three arbitrators selected, Andover Boondocks Administrator Andrew Flanagan, beatific a auspiciously negotiated, arcane abstract accolade to the boondocks with a agenda stating, “Let’s discuss.”
The boondocks and Flanagan again allegedly had a alternation of “ex parte communications,” according to the letter from MIIA.
The boondocks was “unhappy with the abstract award” and allegedly provided Flanagan with abundant arguments adjoin the abstract award, according to the MIIA letter.
Flanagan allegedly “cut and pasted” the town’s arguments adjoin the abstract accolade in accord with the added arbitrators authoritative it attending like the town’s arguments were his own. Flanagan additionally allegedly aggregate arcane communications and deliberations amid the arbitrators with the town.
Flanagan was clumsy to argue the added arbitrators to adapt the abstract accolade and the added two arbitrators asked Flanagan to address a agnostic assessment back a accord could not be reached. The boondocks again allegedly drafted Flanagan’s agnostic assessment and absorbed it to the final accolade for allotment at appropriate Boondocks Meeting on Feb. 4. The accolade was voted bottomward afterwards boondocks assembly were not accustomed a abounding archetype of the accolade and were instead accustomed a archetype of Flanagan’s agnostic assessment allegedly accounting by the town, the MIIA letter states.
The abutment alleges that it was damaged from the town’s accomplishments and has abeyant claims adjoin the boondocks for “negligence, tortious arrest with acknowledged relations and tortious arrest with advantageous relations,” according to the letter.
“The abutment additionally alleges that Cohen abandoned the town’s cipher of belief and is ambitious that the boondocks conduct an analysis apropos Mr. Cohen’s declared conduct,” the letter says.
Luke O’Roark on Twitter: @LukeO’Roark
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