Housing Board Appointment Sparks Controversy
The chair of Seekonk's Board of Selectmen fills a vacancy on the state board. A fellow selectman says the appointment could conflict with the Town Charter.
It wasn't easy getting there, but Board of Selectmen Chair Francis Cavaco was appointed to the Seekonk Housing Authority board on Wednesday. One selectman argued the appointment could conflict with the Town Charter, while another said the vacancy should have been better advertised.
The five-member housing board, which oversees the state agency that provides a limited amount of low-rent housing, lost a long-time member last month when he resigned due to personal reasons. Board Chair James Tusino said the selectmen were alerted to the vacancy and Cavaco volunteered to fill the post for the remainder of the term that expires in April. The vacancy was not advertised to the general public.
Selectman Gary Sagar requested a vote on the appointment be postponed to October so the vacancy could be noticed on the town's website. Selectman Dave Parker supported a postponement so that a legal opinion could be obtained on whether Cavaco's appointment would conflict with the Town Charter clause stating "No person shall simultaneously hold more than one elected office." (four housing board members are elected and one is the governor's appointee, the vacancy was for an elected position).
Parker also wanted to wait for the state attorney general's ruling on an article approved at the June Town Meeting prohibiting selectmen from serving on other town boards. The attorney general wrote to the town clerk last month that the office needed more time to research the legality of article, and would make a decision by Sept. 24. That decision may not make a difference on the housing board appointment since the article specifies selectmen cannot serve on other "town" boards, and the housing panel is a state board.
Sagar was unable to convince the other two selectmen (Cavaco and Bob McLintock) to support a postponement, so the motion failed on a 2-2 tie. A vote on Cavaco's appointment was approved with five supporters (the four housing board members and McLintock), Parker voting against, Cavaco abstaining and Sagar voting "present," which he said was different from abstaining.
Prior to the vote, there was some heated discussion among the selectmen and the housing board chair.
"We have somebody on the hook that's actually interested in giving another night to the community," housing board Chair Tusino said. "I'm afraid if we let the person off the hook, we'll be left with no candidates in another month."
McLintock spoke about his opposition to how the selectmen fill vacancies, which is done with public interviews that he says embarrass the candidates and make the selectmen "look like a bunch of buffoons." He said this was the reason why there are several vacancies on local boards.
After McLintock spoke in favor of appointing Cavaco, Parker asked, "So we just ignore Town Meeting?" in reference to the approval of the June article.
McLintock responded, "Town Meeting on this particular item has no bearing until the attorney general rules."
Parker snapped back, "Then why don't we wait?"
Town observers were expecting there to be controversy surrounding the appointment. Emails about the issue have been circulating among local officials and activists for at least a week.
Former Selectman Bill Rice, who authored the warrant prohibiting selectmen from serving on other boards, called the appointment "laughable" in an email addressed to the selectmen on Monday.
"So much for the voters," he wrote. "Are you truly going to try to publicly convince Town Meeting voters that their majority vote preventing selectmen from serving on other boards was meaningless? Where exactly does it end? Why should the board do anything directed by Town Meeting? After all, it's only our form of self-government; selectmen are just implementers. This is laughable."
He continued, "What is the urgency? Same as the [Board of Health], when two selectmen were appointed to an already functioning board. A sad day for people in Seekonk who want to think 'selectman' means something other than petty political hack, self absorbed in their own sense of importance."
Emcee of Seekonk
7:18 am on Thursday, September 6, 2012
Good try, Gary and David. But self-proclaimed Mr. Seekonk just grabbed the chairman's seat and bullied his way through.
Not to say Cavaco isn't a good fit for the appointment... and it's only until next April, but the process is flawed and that is what will be remembered.
The argument over the Enterprise Trash Fund was ridiculous, too. It's been running too well, I guess. And I just can't imagine where I'll spend that $10 adjustment in the fee. Maybe I'll buy an extra loaf of bread.
paul
7:21 am on Thursday, September 6, 2012
If he could, Cavaco would appoint himself mayor and do away with the Board of Selectmen. Seekonk voters need to remember this guys cowboy ways when he comes up for re-election. The last thing we need is a loose cannon that no one wants to work with. Shame on Cavaco for not knowing right from wrong.
Emcee of Seekonk
7:37 am on Thursday, September 6, 2012
I do not understand Cavaco obsession of all that is Seekonk. He is not a native. It is not like his forefathers owned a farm on the hill overlooking the grist mill.
That being said, the current BOS needs to be cycled out. They can't seem to understand the word compromise, and there are some who can't seem t understand PERIOD.
William Rice
8:11 am on Thursday, September 6, 2012
Mr. Cavaco will find a "technical" reason to continue running the town at the end of his term.
Guilty as charged for not compromising with some board members. Would you compromise with Mr. McLintock or Mr. Cavaco?
Shocking that the board is acting on reccomendations from Mr. Tusino.
Ask Mr. McLintock what appointees (other than the ones he embarrassed) were embarassed.
Emcee of Seekonk
8:41 am on Thursday, September 6, 2012
Your points:
"Mr. Cavaco will find a "technical" reason to continue running the town at the end of his term."
I'm afraid so because now he is on the Housing Authority and undoubtedly will get re-elected in April because no one will oppose him. The HA is a shadowy committee that few residents know anything about unless they are applying for a housing spot.
"Guilty as charged for not compromising with some board members. Would you compromise with Mr. McLintock or Mr. Cavaco?"
The remark was not pointed at you, but more McLintock and Cavaco. Compromise is not possible with McLintock because he knows what he knows and that's all he knows. Cavaco, if cornered and outnumbered, will back off. My opinion, anyway.
"Ask Mr. McLintock what appointees (other than the ones he embarrassed) were embarassed."
Exactly !!! And this week he takes on Bruce Alexander and the long, suffering Mr. Lamoureux. Doesn't he ever get sick of picking on that guy?
Carol Bragg
9:09 am on Thursday, September 6, 2012
It was worse than not advertised. When I learned through the grapevine that there was a vacancy on the Housing Authority, I thought of the person in town I believe is most qualified to serve on the SHA given skills and experience. I called the TA's office to find out what the appointment procedure was for this vacancy and was told by the Administrative Assistant that she didn't know. It's a JOINT appointment by the BOS and SHA. The SHA can come in with its recommendation, but other candidates, according to BOS standards, should be considered at the joint meeting, assuming they know that the position is open, indicate interest and know that a joint meeting is being held. Both the SHA and the BOS suffer from lack of transparency.
Emcee of Seekonk
9:28 am on Thursday, September 6, 2012
"...the SHA and the BOS suffer from lack of transparency."
I've never seen a telecast of the SHA meetings. Are they exempt from the Open-Meeting Law?
Carol Bragg
12:55 pm on Thursday, September 6, 2012
The SHA is subject to the Open Meeting Law.
Emcee of Seekonk
1:55 pm on Thursday, September 6, 2012
But apparently for them, it's optional. Who enforces the the law? Don't say the BOS, becaust that'll be just too funny.
Carol Bragg
3:06 pm on Thursday, September 6, 2012
The MA Attorney General's office is charged with enforcement. Someone would need to file a complaint, I suppose.
William Rice
9:02 pm on Thursday, September 6, 2012
Nothing in the open meeting law requires television. Reasonably accurate minutes and open to public are the requirements pertinent to these comments.
William Rice
9:04 pm on Thursday, September 6, 2012
Oh, Francis, as any bully, counts on no one dropping the dime. You better be right, though. They are very cagy.
Nelson Almeida
7:58 am on Friday, September 7, 2012
Hmmmm. And my openant is good friends with him. How much worse could the BOS get if he gets in ?
Dave Abbott
10:08 am on Friday, September 7, 2012
Nelson Almeida- "Hmmmm. And my openant is good friends with him. How much worse could the BOS get if he gets in ?"
Hey Nelson- this must be more of that more respect but avoid basic questions on town issues mantra you keep posting. Yes you are exactly what this town needs to move forward. Someone who cannot address basic concerns and is the first person to go negative (this would be your second bite at the apple). Put more of your energy towards answering the taxpayers and less on putting others down and you just may have a chance on voting day.
Nelson Almeida
10:33 am on Friday, September 7, 2012
Just stating that my openant is good friends with Mr.C that's all. I have answered questions from our residents that approach me in person. No negativity on my part. If you read the comments people are not happy with what Mr.C has done and with my openant being good friends with Mr.C they may get more of the same bull. I'm just stating my opinion like everyone else. Thank you :)
Emcee of Seekonk
10:45 am on Friday, September 7, 2012
Your opponent is not being helped by his friend's behavior. Certainly a third bully would render the BOS useless. Something for everyone to think about.
Dave Abbott
10:52 am on Friday, September 7, 2012
A true leader bases his decisions on his own character..not on his pals, his momma, or any other connection. The fact that I am the one who has to mention this in this conversation should state the obvious real issue at hand.
I do not judge a person on who they are associated with- you really do not want to go there Nelson, I judge them by how they vote.
Emcee of Seekonk
11:06 am on Friday, September 7, 2012
The current BOS is shameless in their disregard for the opinion of others. There are several members who have been in town government way too long and we have a little insiders club going on there. And then there's the old adage of "Birds of a feather flock together."
I'm not making a case for Nelson. His revelation is not something I haven't been aware of, but after this last BOS meeting, one gives pause.
deb of see-attleboro
12:02 pm on Friday, September 7, 2012
I have no idea if Mr Buckley and Mr Cavaco are "good friends". I agree with Dave.
Besides, Mr Buckley is a long time resident. What do we REALLY know about his "openant"?
For one thing, I would question his maturity.
As a side note, I don't usually repeat rumors, but I did hear that Mr Cavaco will not be running for another term. Maybe someone out there can confirm or deny.
William Rice
7:08 pm on Friday, September 7, 2012
Anyone who can read knows the charter describes the HA as a town board and prohibits one person from holding two elected offices...BOS and HA....elected. The position, not the man.
deb of see-attleboro
7:25 pm on Friday, September 7, 2012
Is the Seekonk Housing Authority a state board or a town board? There is a world of difference, methinks.
William Rice
10:13 pm on Friday, September 7, 2012
Article 4, section 1 describes the Housing authority as a Town Board, one member appointed by the Govenor, 4 members elected by the town. Simple enough english for me and the framers. When you fill a vacated elected position by appointment you are serving the balance of an elected term filled by town voters. The pocket Counsel will cook up another precedent. That is what they bill the town for.....dance, dance dance. It is simple for our voters. Are the elected functionaries obeying the charter or not.? It looks like a sort of gamble....work the scam until it runs out and maybe by the time one's term is over the few citizens who mourn the loss representative government Will throw them out of office. Sedition is standing in the wings,,,,walk softly. And speak the truth quietly in the public and in groups. You have a creative (albeit, ham- handed ) implementation of charter laws unfamiliar to,many voters there v are only o21 pages....read it for lunch Its on the townweb site,
William Rice
9:15 pm on Friday, September 7, 2012
Read the charter, article 4, section 1
William Rice
10:20 pm on Friday, September 7, 2012
Our plains indian indkiginous people. Our first americn people learned to know a dead horse.stop beating and get oflf
. Get ovff andnwaylk.
deb of see-attleboro
6:41 am on Saturday, September 8, 2012
Bill: Paragraph 4 of this Patch article claims that the "housing panel is a state board". The town charter does not overrule the state. I am just trying to clarify.
William Rice
7:41 am on Saturday, September 8, 2012
See below or just read the charter
William Rice
8:00 am on Saturday, September 8, 2012
Patch overrules the State or town government??? The Seekonk Town charter is very clear for all to read. Short of painting it on your morning breakfast paper, I don't know what else to do.
Jonathan Friedman
7:20 am on Saturday, September 8, 2012
The housing authority is a state agency. A state agency would not have a voting body that is a town board. That would not make sense. The fact that only Seekonk people are eligible to be voted onto the board does not make it a state board. Only Attleboro residents are eligible to run for the 2nd Bristol District of the state House, that doesn't make it a city position. However, Mr. Rice is correct that the town charter calls it a town board. Also, the town charter states "No person shall simultaneously hold more than one elected office" and it makes no specification on types of office (town, state, federal etc.).
William Rice
7:40 am on Saturday, September 8, 2012
Hi,
Here's a link to "Town Charter.pdf" in my Dropbox:
http://db.tt/XwQrgx4Y Wrong, Johnathan....go to the link to the charter in my dropbox, download the charter an read it. once you read it you will see that the town charter clearly defines the HA as a town board with one member appointed by the govenor and four elected by the town. Folks are so certain i am wrong that the facts in the charter are not being read? If you doubt my source, please, go to the town link and read it there. i hear that a definitive article is being published next week on this matter. The writer is impeccably above reproach and suddenly, for some , things will become clear.
Portsmouth Senior Citizen
9:20 am on Saturday, September 8, 2012
Jonathan - you are absolutely correct. HA authority is a state agency. Town Charter has incorrectly identified it as a Town Board. Looks like the Town Charter has another item in which needs to be corrected. By the way, you are doing a GREAT JOB in reporting the TRUE facts (not like JS from Sun Chronicle).
@ EMCEE and Mr. Rice - IMO the both of you are toxic individuals. You are constantly commenting in Patch with negative views with regards to Mr. C. Since Mr. C's appointment to BOS, he has accomplished things that no other BOS has accomplished. Yet the two of you are constantly hammering him, Mr. C has cleaned up the way the Old Boys Club did business and you both would prefer to have the Old Boys Club way of business - sign on the dotted line and don't ask questions. Hope the two of you don't handle your personal life that way.
@ Mr. Nelson - cheap shot against your opponent. Your should be ashamed of yourself. My advise to you is stop listening to the Old Boys Club Members. They are not doing you any justice.
William Rice
7:22 am on Saturday, September 8, 2012
Hi,
Here's a link to "Town Charter.pdf" in my Dropbox:
http://db.tt/XwQrgx4Y
Please read article 4 sectiom I it is perfectly safe regarding spam or theft.
William Rice
8:02 am on Saturday, September 8, 2012
Some have had luck changing the charter, this would be known as "the worst way"
Carol Bragg
9:01 am on Saturday, September 8, 2012
The election for Seekonk Housing Authority is part of the April Town Election. The election for the Second Bristol District for the state legislature is part of the state primary and state election. Perhaps that helps to clarify the difference. The Town Charter has been approved by the state Attorney General for compliance with MGL. That doesn't mean that the AG's office doesn't make mistakes.
Emcee of Seekonk
9:47 am on Saturday, September 8, 2012
@Portsmouth Senior Citizen... I know Mr. Cavaco only by what I see from watching the BOS meetings on cable TV. Maybe his approach as Chairman of the Board is not the real Francis, but how could I know that. Despite what you say, I think the Old Boys Club is alive and well in Seekonk. Every member of the current BOS has been involved in Seekonk politics for many years. Perhaps institutional knowledge is good, I'm not sure.
deb of see-attleboro
10:47 am on Saturday, September 8, 2012
If the Housing Authority is a state board, Mr C would not be in violation of the charter or the new by-law. Didn't former Rep Travis serve in Rehoboth as Selectman while being state rep? Didn't Mr Whelan plan on doing the same had he been elected in 2006?
I don't think the charter or by-laws has any authority over individuals who want to serve at a state or federal level.
Portsmouth Senior Citizen
11:46 am on Saturday, September 8, 2012
You are absolutely correct - greatly appreciate you clarifying this to all the readers.
William Rice
11:21 am on Saturday, September 8, 2012
Ch 121b, sec 5 Mass. General law
Portsmouth Senior Citizen
12:04 pm on Saturday, September 8, 2012
Mr. Rice: At your first meeting on BOS, didn't you state you did not believe in MA General Law with regards to your friend who wanted the Antique Dealers License? Now you want all to refer to the MA General Law because of Mr. C!!! You are too funny. Also, Ch 121b, sec 5 - What's your point?
Carol Bragg
12:12 pm on Saturday, September 8, 2012
People are making up answers. Please check your facts before posting so as not to spread false information.
Ch 121b, Mass General Law
Section 3. There is hereby created, in each city and town in the commonwealth, a public body politic and corporate to be known as the “Housing authority” of such city or town; provided, that no such authority shall transact any business or exercise any powers until the need for a housing authority has been determined and until a certificate of organization has been issued to it by the state secretary, both as hereinafter provided.
Whenever the municipal officers of a city or an annual or special town meeting shall determine that a housing authority is needed therein for the purpose of the clearance of substandard, decadent or blighted open areas or the provision of housing for families or elderly persons of low income or engaging in a land assembly and redevelopment project, including the preservation, restoration or relocation of historical buildings, it may by vote provide for the organization of such an authority. In determining the need for a housing authority, the city council or the town shall take into consideration the need for relieving congestion of population, the existence of substandard, decadent or blighted open areas or unsanitary or unsafe inhabited dwellings, and the shortage of safe or sanitary dwellings available for families or elderly persons of low income at rentals which they can afford.
Jonathan Friedman
12:40 pm on Saturday, September 8, 2012
Carol, where in this passage does it say that the Housing Authority is operating as part of the town or city government? The town administrator said on Wednesday that the Housing Authority is a state agency. If it is in fact a town agency, then that should be a serious concern for Seekonk residents that she was unaware she had this agency under her. I am comfortable with the comment I wrote above, but I will do more research and make some phone calls this week. If it turns out I am incorrect, I have no problem posting a correction on this website.
deb of see-attleboro
1:21 pm on Saturday, September 8, 2012
Thank you, Jonathan. I glanced at the MGL. It looks like a pretty complicated gig. Maybe Mr Tusino can clarify. There are 59 sections and I kinda doubt it would clarify anything if I were to pour through each and every one. The HA does appear to be more accountable to the state than other boards.
Carol Bragg
12:17 pm on Saturday, September 8, 2012
To clarify, the Housing Authority is a town board, not a state board. It's in Mass General Law and it's in the Seekonk Town Charter.
Portsmouth Senior Citizen
12:32 pm on Saturday, September 8, 2012
Mrs. Bragg: If you are directing your comment regarding "False Information" to me, go back to 6 April 2011 BOS Meeting, Wasn't that Mr. Rice's first meeting as a BOS elected official? Are all your BOS Meeting recorded? If so, review tape and then tell me if I am incorrect.
Carol Bragg
2:53 pm on Saturday, September 8, 2012
Jonathan: I think the confusion lies in the fact that the Housing Authority operates under guidelines set out by two regulatory agencies, the Massachusetts Department of Housing and Community Development (DHCD) and the Department of Housing and Urban Development (HUD), from which it receives funds. But the authority is established as a local option under MGL and the locally-elected board hires the director and administers the program. In a sense, it's a hybrid. The Boston Housing Authority is described as a municipal public agency, not a state agency.
I think Gary Sagar was correct in calling for a postponement of the appointment. It's good governance to clarify things before making decisions. The Board of Selectmen should be working toward consensus not win-lose, which typically results in lose-lose for the citizens and taxpayers. Thanks, Gary.
Emcee of Seekonk
12:30 pm on Saturday, September 8, 2012
@Portsmouth Senior Citizen... As I recall, one of the issues of the last BOS meeting was that a vacancy on the HA was never advertised. All of a sudden, three HA members appear at a BOS meeting and before the night is over Mr. Cavaco is appointed to the board. "Fait accompli."
One thing I'm beginning to wonder about is why a Portsmouth, RI citizen would be so interested and knowledgeable about Seekonk politics?
Michael Kreyssig
1:22 pm on Saturday, September 8, 2012
I can't really tell from the wording whether or not the HA is a state or town board. It does seem that the local HA's are direct extensions of the DHED and are possibly intended to be local field offices for a state agency. The town of Chelmsfords' HA call themselves a retained revenue state agency. Are all local HA considered that?
http://www.townofchelmsford.us/cha.cfm
deb of see-attleboro
1:34 pm on Saturday, September 8, 2012
That's my understanding as well, Michael. Hopefully we will get this cleared up soon.
Portsmouth Senior Citizen
3:23 pm on Saturday, September 8, 2012
@ EMCEE: I'm back. Sorry took so long to reply but lunch was my 1st priority and it was good.
I was wondering when someone would ask that question of me. I could have changed my screen name to avoid all this - but why should I. Am more than happy to answer your curiosity. PortsMOUTH (get it) is a small town. PortsMOUTH Concerned Citizens, Seekonk Concerned Citizens, TV9 on Demand, and most of all I lived in the Seekonk for 38 years, my husband passed away last year and my children took me in - this is how I have become so knowledgeable. I hear, read, and view what is going on in your community. It seems like your community don't want to get involved with your politics (and I don't blame them) but when individuals, like your self and Mr. Rice provide ONLY negative (toxic) one sided information, I feel as an American Citizen it is time for me to freely speak out. Let's just hope Seekonk BOS doesn't become like PortsMOUTH Town Council or should I say PortsMOUTH Concerned Citizen Town Council. Now you know - hope your curiosity is satisfied.
Emcee of Seekonk
3:57 pm on Saturday, September 8, 2012
I accept your explanation. Portsmouth is a nice place to live.
About the negative one-sided toxic information... many in town share my point of view. They are tired of the micro-managing, the bullying, the gotcha moments, the power grabs, the perceived favoritism, etc. Most citizens do not tune into the meetings at all, they just let things sort themselves out... to the advantage of the BOS. This is small town politics, it repeats itself all over the United States. Attleboro has its disputes and people grumble in favor of one side or another. Seekonk does the same, and I'm sure Portsmouth does too.
Nice to meet you.