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– News about Quincy from Quincy Quarry News
Quincy Ward Councillor vacancy ordered to be filled immediately per a Superior Court judge’s finding.
As has long been expected in the Quincy Quarry newsroom, Norfolk County Superior Court Judge Rosalind Miller agreed with last fall’s runner-up in the Ward 6 council race that the seat should go to him given the unexpected and sudden passing of election winner and then Ward 6 councillor Brian McNamee.
The judge found that local ordinances in the event of the death of election winner Mr. McNamee both after the election and before his swearing in for another term had – in fact – triggered the so-called “failure to elect” succession protocol. As such, the runner-up in last November’s election is the one who will fill out the two year term of office as the Ward 6’s ward councillor.
Early indications are that election runner-up William Harris will probably be sworn in at this coming Monday’s City Council meeting unless the Koch Maladministration might yet again care to endeavor yet another sure to be doomed appeal AND can find a judge willing to issue an injunction against any such swearing in of Mr. Harris given that Superior Court Judge Rosalind Miller further ordered that Harris be sworn into office with 15 days.
Regardless, this latest court reversal among innumerable others for the City Solicitor comes hard upon Mayor Thomas P. Koch’s adamant refusal to add a $60,000.00 budget line item to the 2017 Fiscal Year City Budget to provide the city council with the means to seek outside legal opinions when it felt that the City Solicitor was perhaps yet again mistaken in his legal opinions.
So what, apparently, for the fact that at this point City of Quincy City Solicitor James Timmins has so repeatedly had his head handed back to in on a platter in just about every court in the land except for the US Supreme Court that his head is probably attached to his neck with Velcro® at this point.
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And none too soon either — the lane lines and other painted road markings at the recently completed intersection of E/W Squantum and Hancock Streets are already wearing away. No doubt there are numerous other issues requiring the hand of a ward councilor.
Dom,
The good news is that Team Joch has FINALLY given up a fight it was obviously to everyone but it that it was going to lose.
The bad news is that one cannot help but suspect that someone is going to be a sore loser and so make things tough on the winner.
The city wanted to give ward 6 residents a chance to vote for their councillor, as democracies do, but the Superior Court judge cited a law from 1953 that favored Harris. Perhaps city officials were thinking with a little more currency than 1953?
James Timmins, spelled Timmins not Timmons, is one of the smartest and hardest working people in the city of Quincy and his track record is actually much better than you state. Do you have any real knowledge on what you are writing about? How about any contextual information, or have you communicated with anybody involved in the case who actually knows what they’re talking about?
Shame on people like you who sit behind a computer screen and spew negativity rather than actually working to accomplish something for the greater good like the people criticized in this article. Do you really think that repeating second-hand opinions and criticism is a productive way to spend your time?
John,
First off, thank you for pointing out an errant as well as very minor twenty month old typo.
In turn, it is only fair to point out the masking acronym for your bogus email address host: @gfy.com
Next, you have misrepresented several key points.
One is that city officials are not empowered to do as they see fit regardless of governing ordinances, statutes or law to the contrary.
Next, the 1953 law you cited was reiterated by the City of Quincy in 1984 when it was submitted a home rule petition that addressed it as well as other matters and of which all were duly approved by Beacon Hill. Like them or not, the City of Quincy has a clear set of actions to undertake whenever an elected council member is unable to serve as well as that each has a perfectly sound underlying rationale.
Please also note that Quincy Quarry had direct discussions with those duly knowledgeable about both the 1953 and 1984 legislation as well as local elections matters in general.
At the same time, if you still do not care for the current local rules for filling vacancies in local elected offices, please do feel free to seek changes in the current binding set of rules re same.
Next, no argument, Attorney Timmins is one of the smarter people working in the Koch Administration as well as also note that I have worked alongside Jim in years past. At the same time, the Koch Administration is not exactly known for its intellect.
Additionally, it is only fair to point out that over the past ten years the City Solicitor has taken a number of legal opinions and/or defended actions by the City of Quincy that ended up losing in court and for which taxpayers have had to cover the cost of millions in damages as well as caused various incalculable levels of disruption upon local residents.
In particular, please note that I personally called it that the City would lose in the matter of The Woodward School for Girls versus the City of Quincy when it first went to trial. I also projected a solid range for the eventual damages award that was awarded to Woodward. Further, I later called it that the City of Quincy would lose its appeal of the trial court decision to the Supreme Judicial Court and which cost local taxpayers roughly two million dollars MORE in both additional interest penalties and covering both sides’ legal expenses incurred on the appeal.
Oh, and yes: City Solicitor Timmins was a key player in these legal matters.
Think what you may, but it is not my fault – much less my doing – that the Koch Administration has track record which is so readily open to repeated as well as valid criticism.
That and please be reminded that the road to hell is paved with good intentions.
And, finally, you would appear to not have a clue as to what all have done for the greater good over the years, much less how the current administration has thwarted me from doing even more locally.
Simply put, “facts are stubborn things” – and, on balance, they are overwhelmingly in my favor.
And let’s not forget the C Mart fiasco!
Not to worry Quincy Quarry hasn’t forgotten about the C Mart lawsuit.
Rather, the Quarry is waiting on the Land Court judge to issue his sure to be expensive for taxpayers ruling. Only how expensive remains to be seen.
For example, perhaps awarding damages based on imputed lost profits given unconscionable delaying tactics undertaken by La Kocha Nostra.
After all, such has been imposed upon the City previously during the Koch reign of capriciousness.