Dear fellow Hanoverians:
I have had several lengthy conversations regarding Article 11 on the
Annual Town Meeting Warrant recently that I thought would be of
interest to you, dear readers. Over the past 18 months, the Selectmen
and the School Committee have negotiated in good faith in order to
come to a “Memorandum of Agreement” (MOA) that specifies the
provisions of the consolidation of the School Maintenance Department
and the Town’s Maintenance Department. Both parties were in agreement
that the two maintenance departments should be managed by the new
Facilities Manager. Recently, however, a major sticking point has
surfaced.
Instead of using the MOA as the basis for consolidation of the two
maintenance departments, Article 11, as sponsored by the Selectmen and
the Town Manager, requests authorization under Massachusetts General
Laws Chapter 71, Section 68 (first drafted in 1827) for “the Town to
have General Charge and Superintendence of schoolhouses, and keep them
in good order for the Town of Hanover…”. The Selectmen received a
legal opinion from Town Counsel (that is attached) stating that this
statute would consolidate the maintenance functions of Town-owned and
School-owned buildings, and regardless of the existing MOA.
In response, the School Committee has received a legal opinion from
School Counsel (also attached) that suggests the town instead adopt
the provisions of M.G.L. Chapter 71, Section 37M (first drafted in
1992). According to School Council, this statute consolidates the
maintenance functions of the Town-owned and School-owned buildings,
and has several distinctions that the schools are arguing are in the
best interests of the children of Hanover. One of the most notable
distinctions is that the Selectman’s recommendation (Section 68) does
not allow the School Committee the ability to revoke the consolidation
agreement, while the School Committee’s recommendation (Section 37M)
allows either party to rescind the consolidation agreement with a
majority vote.
This issue will be debated on Town Meeting floor – most likely on
Monday night since it appears so early in the warrant. Please take the
time to read the attached legal opinions (there is also a third
opinion from town counsel in response to the school counsel opinion)
to help you to form your own views before voting this Monday!
For “Around Town on the Web”,
Cathy H-B
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