COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT HAMPDEN, ss. SUPERIOR COURT CIVILACTIONNO. /Zo-/0 PHILIP W. DALESSIO, ) Plaintiff =) ) vs. ) ) ‘VERIFIED COMPLAINT ‘THREE RIVERS FIRE DISTRICTOF —) ‘THE TOWN OF PALMER AND ) RAYMOND P. DOMEY, ) Defendants) PARTIES 1, The Plaintiff, Philip W. Dalessio, resides at 26 Monat Street, Three Rivers, Hampden County, Massachusetts. Mr. Dalessio isa voter and has standing to bring this claim. 2, The Three Rivers Fire District of the Town of Palmer ("District") is a body politic: authorized and enabled by Chapter 325 of the Acts of 1943. A true copy of Chapter 325 is attached hereto as Exhibit A. 3. The Defendant, Raymond P. Domey, resides at 17 Belanger Street, Three Rivers, Hampden County, Massachusetts. FACTS 4. Pursuant to Chapter 325 of the Acts of 1943, the District must “elect by ballot, either at the same meeting at which this act shall have been accepted, or thereafter at an annual or at a special meeting called for the purpose, three persons, inhabitants and voters in said Distriet to hold office...and at every annual District meeting following such next succeeding Annual District Meeting ‘one such commissioner shall be elected by ballot for the term of three years”. 5 Pursuant to the enabling legislation the District established the Three River Fire District Bylaws. A copy of the bylaws is attached hereto as Exhibit B. 6. The Bylaws establish that the elected officials described in the enabling legislation would be called the “Prudential Committee”. 7. According to the enabling Legislation, the Prudential Committee officers of the District are to be elected at a district meeting, and not under the state election laws. om10. a, 12, 3 14, 15. 16. vy. 18. Under the provisions of GL. e. 41, Section 113 the District may vote that official ballots are used for its elections. Ifthat vote occurs, which must be done at an annual or special meeting of the District, then the District must follow the legal requirements of the state election laws. ‘These state election law requirements include but are not limited to ballot access, the timely and proper submission of nomination papers for certification and the filing of certified papers, printing and distribution of ballot, including absentee ballots, and voting ‘The District never voted at a special or annual meeting to use official ballots. As ssuch, the election of the Prudential Committee members is limited to a District Meeting vote. “Although the bylaws stat that elections shall be conducted in accordance with the provisions ofthe General Laws of the Commonwealth of Massachusetts governing elections, there are inconsistencies within the bylaw with state election law, For example, in Article Il (whichis titled "Meetings”)it specifically states that the lection of officers of the District shall be held at the Annual Meeting or any special meeting called for the purpose of filling an elected vacancy. ‘Additionally, in Article I, Section VI, it states that candidates aspiring for elected. office within the District shall file nomination papers available from the District Clerk no later than go days prior to the election, ‘This statement is inconsistent with state election laws which require certified ‘nomination papers to be filed with the District Clerk a least 35 days before the election (G. L.. 53, § 10 and G. L.c. 41, §135). Finally, according to the Secretary of State Elections Division and the “Massachusetts Attorney General, the enactment of a bylaw cannot apply the state election law where a specific provision of law already dictates its application, as is the case with the Three Rivers Fire District and Chapter 325 of the Acts of 1943. In May 2015, incumbent Prudential Committee member Domey faced re-election and was opposed by Mr. Dennis Moynahan. Absentee ballots are not permitted under Chapter 325 of the Acts of 1943 or the bylaws of the District. Prior to the election date, Domey solicited and received a large number of. absentee ballots and, on information and belief, went door to door in the District having those absentee ballots allegedly filled out and returned the absentee. ballots at the District meeting.19. 20. a. 22, 26. 2. 28. 29. ‘The actions of Domey in securing and having those ballots voted are completely inconsistent with State Election Law. ‘Moreover, neither the enabling legislation nor the bylaws of the Prudential ‘Committee permit State Election Law to be utilized in voting for the Prudential members. Under the law, only members present at the District Meeting are available to vote, ‘To compound the illegality ofthe election, it was announced atthe district rmeeting on the date ofthe election when the votes were counted that there were allegedly “addtional” absentee ballots which would need to be counted. The alleged additional absentee ballots were not present on the night of the count. ‘Therefore, the final vote tally was not announced on the night ofthe election, but rather was announced three (3) days later. On information and belief, after the district meeting Domey took additional blank absentee ballots and secured votes after the District election for himself, thus ‘securing re-election to the Prudential Committe. Under either state election law, the bylaws or Chapter 325 of the Acts of 1943, the election was illegal, and in particular the activities of Domey in taking blank absentee ballots and having them allegedly voted both before and after the district election was illegal. ‘Commonwealth of Massachusetts State Election Law has precise and particularized requirements concerning official absentee voting ballots, none of ‘which were followed, and assuming State Election Law applied to this election, none of which were followed whatsoever. G.L., Chapter 54, § 92, requires thatthe “official absent voting ballot” be marked privately “in the presence of no other person” and that the ballot be sealed in an envelope. None of the alleged absentee ballots in the election complied with this, provision of the law. ‘The provisions of G. L. ¢. 54, § 91, require that prior to receiving an absentee ballot, a signed application for a “official absent voting ballot” be delivered prior to the issuance of a ballot. The provisions of this law were not followed in this instance. Under G. Lc. 4, § 93 it is required that “all absent voting ballots..shall be received by the city or town clerk before the hour fixed for closing the pols.” ‘The provisions of G. Lc. 54, § 95 require that all “official absent voting ballots” be “processed” immediately “after the hour of the closing of the polls". That es that all ‘official absent voting ballots” be received prior to the election, The ballots allegedly gathered and counted in the three calendar days30. a 32, 33. 34. 36. 36. 37. 38. 39. 40. 41 a. oan after the Prudential Committee election were not authorized by the enabling legislation, the bylaws nor the state election law. Finally, the provisions of G. Lc. 54, § 105 require that all ballots be counted ‘immediately after the polls closed. Permitting alleged absentee ballots to be collected and counted up to three days after the polls closed violated this provision of the state election law. Almost half ofthe ballots allegedly cast were absentee ballots voted in some irregular fashion. ‘The number of absentee ballots cast does not match the voters on the voting list who voted absentee. ‘The May 19, 2015 election of Domey did not meet the legal requirement of either the state election laws or the enabling legislation. ‘Moreover, there were serious irregularities with the process calling into question ‘whether the alleged absentee votes were even cast. On the night of the May 19, 2015 election, the ballots were counted by two election clerks out of eyesight of the voters. When they emerged Domey announced that the count could not be “final” because “not all ballots had been On one of the succeeding days, the clerks were summoned back to the office at the fire station for Friday evening May 22, 2015 fora “final count” as “additional absentee ballots had been received”. ‘When the May 22, 2015 meeting was convened, a large stack of additional alleged absentee ballots was presented and counted and Domey declared the winner. ‘Thereafter the alleged absentee ballots were destroyed, ‘Thereafter concerned citizens attempted to gain information about the election and resorted to involving the Massachusetts Secretary of State's office in seeking the information. On September 9, 2015 the Massachusetts Secretary of State's office wrote the District and advised that the election was wrongful stating “it does not appear that the District had the authority to conduct an ‘election’ in the manner which ‘occurred in May". See Exhibit C. ‘The District took no steps to comply with the Secretary of State.45. 47. 48. 49. 60. cn 52. auto On December 9, 2015 Stephen Chiacchia made a Public Records request for “street lists, voting lists, and absentee ballots” for the May election. See Exhibit D. ‘The Distrit failed to comply. On January 13, 2036 the Secretary of State ordered the District to comply with, the request within ten days. See Exhibit E. ‘Subsequently some, but not all, ofthe alleged records were provided but the District still refused to provide the absentee ballots at issue since they contained “personal medical information”. ‘The District has stonewalled legal requests for information and has failed to rectify the legal errors identified by the Secretary of State. COUNTI (Request for Declaratory Judgment, Order for Compliance ‘Under G.L. c. 66 and Permanent Injunetive Relief) “The Plaintiff repeats and realleges Paragraphs 1 through 47 as though set frth fully herein ‘A real and actual controversy exists as to whether the May 19, 2015 election was valid elther under state Election law or under Chapter 325 of the Acts of 1943. ‘The Plaintiff seeks a declaration from this Court pursuant to G. L.c. 231A, that the May 2015 election was invalid and seeks a permanent injunction invalidating the results of the election and removing Domey from office. ‘The Plaintiff is entitled to an Order under the provisions of G.L.c. 66, § 10(b) for compliance in full with the public records request ‘The Plaintiff seeks such further and other relief from this Court as justice and equity require under the circumstances.‘VERIFICATION 1, Philip W. Dalessio, plaintiff in the ebove matter, state that Ihave read the ‘foregoing Verified Complaint and the facts set forth therein are true except for those stated upon information and belief and as to those I belieyeyhem to be true. SIGNED UNDER THE PAINS AND PENALTIES my this day of February, 2016.Dated: February_//, 2016 ‘THE PLAINTIFF, PHILIP W. DALESSIO, BY HIS ATTORNEY AME, fichael K Callan Doherty, Wallace, Pillsbury & Murphy, P.C. ‘One Monarch Place - Suite 1900 1414 Main Street Springfield, MA 01144-1900 Phone: (413) 733-3111 Fax: (413) 734-3910 Email: meallan@dwpm.com B.B.O. Number: 558912EXHIBIT A— 340 Chap 924 Ax Act kovmonsena ran ory oP 284R00Y 30 ArRROFRI: | ‘ATS MONEY FOR THE PAYMENT OP, AND TO PAY, oe ‘UNPAID rLis, oe Be it enacted el 08 follows: sat Sxorioy 1, ‘The sity of Peabody is hereby. authorized to appropriate money for the payment of, and after such appropriation the treasurer of said city is hereby authorized to pay, such of the unpald bills incurred during the Year | nineteen hundred av forty-one by-aidelty, Une total of uch bills being one thousand and fifty-seven dollars and sixty-cight cents, as set forth in the list on fle in the office of the, director of accounts in the department of corporstions tnd taxation, 0s are logally unenforceable agzinst said city, either by reason of their being incurred in excess of avail able appropriations or by reason of the fallure of said oity to comply ‘with the provisions of its charter, and as are certified for payment by the heads of the depdrtments ‘wherein the bills wére contracted; provided, that the maney ¢ 0 appropriated to pay such bills shall be raised by taxution in anid elty in the eurrent year. : ‘Section 2, No bill shall be approved by the city auditor of sid city for payment oF ‘paid by the treasurer tHercof tndar authority of this act unless and until certificates have been signed and fled with said clty auditor, siting under the penaltics of perjury that the goods, materials of serviees for which bills have been submitted were ordered by un official oF an employee of said city, and that such ‘goods and imalerials were delivered and actually received By ai hy or tht auc services were render to sid cy, ‘or both. Storiow 3. Any person who knowingly files a cettifeate required by section two which is false and who thereby teocives payment for goods, materials or services whi Wore not tecelved by of rendered to said city shall be pun- ished by imprisonment for not more than one year or by fine of not more than three hundred dollars, or both. Section 4. This act shall take effect upon its passage.- “Approved May 26, 1943. Chop.825 Ax Act avruonina THe TAREE RIVERS Fine DISTRICT OF “pin rows OF alain 70 SvAntish 4 SYSTEM OP WATER Do it enacted, ee, a8 follows: Secriow 1. The Three Rivers Fire District of the town af Paimer loeated. within the following boundary tines, 10” Sit Deginning aa stone monument near the interes: lion of the road lending irom Palmer to ‘Three Rivers wih the roud Testing from Palmer to Bondvile sal ineses- tion ‘being iust southerly from a crossing at grade of sid 3cy Mets, 1943. — Cran, 825: vl “Thyeg Rivers'road and the track of the Ware River railroad [ Baowh as Bilfleigh’s crossing; thence in # course south sev- e fy-one angjone Tall degrees (7134°) west to a stone monu- [Haat on tHe town line between Palmer ond Wilbrahain, simone eng fu? add ly Gy fet set “gD sseasuie slong fai tow lise, fom a stone monument lo maria ange in the town lines betwoun Pltuer and jison; thence northerly on sid town line between Palmer and Wilbrahim tos stone monument set to mark 9 corner “of tho towns of Paliner, Wilbraham, Tasdlow and Bolcher- Gyn} there easterly along the town line between, Palmer | GhidBelcbertown to the Swile river, nearly opposite its jus Hig with he Ware river; thence coming ssid Gif svar 7HHE folowing up the Ware river easterly to the southerly {e8t ofa bridgo crossing said river, known as Datton's bridge; ence soulleastery to a straight fine to the oonter line Jol track ofzthe Ware River railroad at a point where said er liseferowes at-grade the-center Tne of the main FOeH londing'from Three Rivers to Thorndike; thence south- Ey aloug so center ine of sid Ware River ralcond to its fog pt ade with the road letding (rom Palmer to ‘Bhree Rivers? thence along said rond southeasterly. to the place of beginning, — may supply itself and ils inhabitants, uth water tbr the extinguishment of Bites and for domestie. “and other roses, ands hereby empowered (o establish ) Mountains and hydrants and to relocate and discontinue the ‘sae, to regulate the use of such water and to fix and col- HERE rates to be paid therefor, and to assess and raise taxes, oS ed eieln for the payanent of such sorvices, and for ‘aGvaying the necessary expenses of carrying on the business ‘tisaid distset, subject to all general laws now or herein- after in foree relating to water districts, water supply dis- teisis or fie districts supplying water lo their inhabitants, Geeopt as cthorwice provided herein, ‘The district shall have fprer 0 proseeute and cofend all actions relating to its Pigperty and afar. ‘Sperion 2 or the porposes aforesaid the distriot, act- thg by and through its Board of water commissioners hdrein- after provided for, may contract with any municipality, cling through its’ water department, or with any water Gonpany, of with gay weler district, for whatever water ‘by be required, authority to furbish the same being hereby gfanted, and may take by eminent domain under chapter séventy-nine of the General Laws, or require by lease, pur hase or otherwise, and hold, the watets, or any. portion ‘hereof, of any pond, spring or stream, or of any ground furces of supply by aneaas of a driven, artesian of other ‘well, within the town of Palmer not already appropriated {Bethe purposes ofa public supply, and the water and flon- Ge rights connected with any such water sourees; and for 8514 purposes inay take as aforesaid, or nequire Ly purchase Srvothenrise, and hold, all Innds, rights of way and. other ‘ibementanéeesary for collecting storing, balding, purty-ing and preserving the purity ofthe water and for eon Fee iva wad dence CR of tater soppy or lands necessary for prosorving she cualify of the srater sall be 0 tate or tod without fst obIaibg the advice and approval of the state department of public oui, and that the locaton tad arfageementof all dems ‘ei ssn, wells pmping penton ad ration plants an auch otberworke as mi be neeesary in carving Out the provisions of this at shall be subject to the approval of suid Cepartment. The daisct may constct and in- fain on Inns acquired and held under this act proper dams) vol springs reervoiy, standploe an, paring plans, Iso the things, fsiares and other sevetues, eudiag sdlaldnt and nilguenen of es bods and peer Seka ou et com ance aie eeet vations ean ea SRC etc ea eis ok See fees, and do such other things ae may be necessary for the Sabine: ie sista eras of complete and effective Saterday ue for that pugose may cosas pipe aay well hd reacts and etal puntping work a2 ny Conus, ayy ute ond mainatn aqtedot congue, Sip sal ote colts uaes ce aver aay ad veleteouaet Tirosus,ealivays ard plc or cher wa and eloog sock vragen cl Te, in ach ancy ou aor unpecemat li Sedruct the ames na or ibe prpone of contin Sa ihe malotsiing operating art opuing sich aquelicl ‘Peal pipes dad other orks, and for ll proper purposes fehl ae le atiet may dig up ov ise and ema ay Such ep, highvavs or eloee ays tn such manner as 10 ‘aston Nutanco Co pulie travel on sual whys; proved unt the manne in wiih all ings are done Upon yuh wa al bo subject to ie drecton of te selet- An‘of the Lowe of Palmer. “The asiict shal not enter Th onensruel a lay Sey ouicel pps of eter re within, the location of any railrond corporation exdépt at tuck ing ani each anteriag bay tes upon ith sh Scrporto ey nen af e690 ape 20 be Speraved by he department af pubs ullice The ai IRE ny enter oe any ands forthe purge of aking torte ton ell or pa and. boring, and may fake oF Shor enue the gh Lo oeeipy emporsly any lands mouutry forthe enestseion of toy work or for any other purpose nations ty dia ae Scones 8. Any paron suscining damage in is prop- ergy by any taling onder this a0 of any other tng done SR ee ere narra nial oat tata Alauiel undo sald shuplersoveny-aine; but te Tight to oes at tbe allng of any wker, mater eh Geral daar tar ay luge Urs shal So vost unl pater west widhdeaa or diverted under authori of thi fe Becriox 4 Any land taken or acqlred under this act snallGe managed, improved and tontoled by the boa ofActs, 1943. — CHAP. 325, surety company authorized to transact business in the oom: Sena sea rai ee a Selle e guna fy te unre of nae i Seen oontine a ea be et oa) ara Hel ie seater of the uses tr by mid ate {Hav oar laa sun elec ol he purione Na eae Hal Sache te seams ot tie cee eee at te puseSJohs choc upen ie ortin nde oF au wa? ‘commissioners or a majority of them. as Bey Sarena Wate enmercin ane suntan Sutable poo andres for the uge water Bad AE istic he Uh cad nine of pagent TE ee ee earn ner cee ea Se nage aac ae onan SRS chal acoae upon banks uot laut sree dey of hint ithe sould bea bes pie ree ae ae Grove for tbe sietea aaa eT EE et ee ee SeoakbStaee ay reonmmend, cea as «same utd senate afr peyent fer such new contrainte ai Buse albeseluad poporiontay, Sad wale come sioners shall annually, and as often os the district inay re~ quite, render a repore upon the condition of the works wader oS ee Pe enn or arrange auc aoa enne ere Sete ret mey adopt bylaws governing the cut ig aber Gepartnsat and nny eal ule ie ot Tae Gener a iecne en aan eue Mis Soca aey eis proviton of av, and ay | Sen ole wfiny oot rotted or mis aa Se wea See The aude nny, by vole in Iba of lating ‘a board of water cornmissionors under this act, delegate +0 Seen a arte Ture Riven re set oa eal be pera and eats of ble howe So or eee Ts bak evens tie sad pudezual ot wats eine al the powers and dates ote sald Pe ee macse ner alee eee Steg “Reine yh et sll aulonize te db tier ply water fo the exngatlinent es or for estes PP Cute purposes to ihe iniablant of the wea See eee eee imac oy Gongs B. Chaney Stents ed on ant ate by Dusan feo, Slot BES fang aonured by purchase, or by tine Fee en etnigniado ts Gover Laws, a aoe ate ea of te popetion of il Cosa Be cee Petar Insite, ey eens a ‘be, on said date appurtenant to the business of water supply” Sea ee arr sore by aid Comat 8 Cheney ae ee eorteltea ney asthe eno ay be cae og nid Pai Late LE ee Sea i Pale ndusie Ine, op sd detey Be Sey aa atte aes, upon appieaton of the deAcrs, 1043. —Cuar. 826. trict or of snid George B. Cheney or said Palmor Industries, To, a5 the ease may be, shall determine sch arco and such determination shall be Boal Suonioy 11. Whoever wilfully or wantonly sorrupte, pol- lutes or diveris any water obtained or supplied under this act, or wilfully or wantonly injures any reservoir, well, stand= Pipe, aqueduct, pipe or other property. owned or wed by the Aistrict for any of the purposes of this ast, shil fonfeit and pay to tho district three times the amount of damages as essed therefor, to be veeovered in an action of tort, and ‘upon eonvietion of any of the above wilful or wanton acts shall be punished by a fine of not more than three hundred dollars oF by imprisonment for not more than one year, oF both Secriow 12, Upon a petition in writing addressed to said bboard of water oormissioners requesting that certain real estate, accuraialy described therein, located in said. town and abutting on said district and not otherwise served by 8 public water supply, be included within the limits thereof, ‘and signed by the osmors of such real estate or a major por: tion of ach real stato, sald water eounmissioners shall cause ‘a duly warned mecting of the district to be called, at which meeting the voters may vote on the question of including said ren esate within the distret.- Ifa majority af the voters present and voting thereon vote in the alfirmative the dis Ariel clerk shall within ten days file with the soxcn clerk of suid town and with the state tooretary tn attosted eopy of said potition nnd vote;. and thereupoa sald res estate shall became and be part of the district and shall beholden under ‘this aet in the sume meaner and to the same extent as the real catate described in section one Seoniox 18. The question of the aceeptance of this act shall be submitted to the duly qualified voters of the distriet at any anual oF spooial mesting ealled by Le district in accordance with section sixty-six of chapter lorty-cixht of the General Laws and held within foar yens after the pase sage of this wel, and if it is accepted by @ majority of the voters preseat and voting thereon it shall thereupon take full efest ‘Approved Mey 25, 1048. AN Aor PLACING CRRTAIN POSITIONS IN THB INGALOHE DEERE MENT OF THE CITY OF DOSTON UNDER THE CIVIL SERVICE TaWs. Be it enacted, ete., a8 follows: The portions of dentists, dental hygienists and supply clerks in the henlth department of the city of Boston shall, upon the effeative date of this act, becoine subject to the civil service Ianvs and rules and regulations, and the tenure of office of any inetuabent thereof shall be unlimited, subject, however, to said lnws. The persons holding said positions ‘on said effective dato may eontinue to serve therein, but 845 Chap.326EXHIBIT BThree Rivers Fire By-Laws ARTICLE I OFFICERS: Section 1 The Officers of the District shall consist of 2) A Prudential Committee of three (3) members (elected) »b) Clerk elected) 6) Fire Chief (appointed) 4) Water Superintendent (appointed) ¢) Treasurer (appointed) ‘The elected Officrs of the District shall be registered voters ofthe Town of Palmer and reside within Three Rivers Fire District. Seetion 2 The members of the Prodential Committee shall be elected: one svery year fora term. of three years, The Clr shall be elected fora tenm of one (1) year. The above-named levied Officers shall hold office until their successors ae chosen and qualified ‘Seetion 3 The Officers ofthe Distt shall receive for their services such compensation as the District may determine, ‘Section 4 Any vaceney occurring inthe Prudential Committe; 2) more than six (6) months prior to the Annual District Meeting may be temporarily Slled fora period not exceeding forty-five (5) days by the remaining members of the Prudential Committee. A special election shall be called to fill the vacancy forthe remainder ofthat term. » ix (6) months or less prior tothe Annual District Meetng shall be filled by the Prodential Committee until the Annual District Meeting where by vote the remainder ofthat vacancy shall be filled by elestior in accordance with Atcle I, Section 6 ©) fess than forty-five (45) days before the Annual District Meeting, the vecaney shall be filled in accordance with Article I, Seton 6. ‘Section 5 The Elected Officers of the District shall not be eligible for appeinted postions inthe District. Section 6 All candidates aspiring for elective office within the District sh fle nomination ‘pepersavaileble fom the District Clerk. Bach candidate shal collect a least fifteen (13) signetures of voters residing within the District and shal be submitted no later than 5:00 pm, thirty (30) days prior tothe election, ARTICLE) MEETINGS: “Thee Rivas Fie Diet By-Laws bertSeetion 1 The Annual Meeting shal be held on the third Tuesday in May. The election of (Officers ofthe District shall be held atthe Annual Meeting or any Special Mecing called forthe purpose of filing an elected vacancy. Any mesting of the District may ‘be adjoumed fom time to time as voters may direct. The elections shall be contucted in accordance with the provision ofthe generlIews of the Commonwealth of Massachusetts governing eletions, The Election and Business Meeting shall beheld ‘7.00 pm, polls shall be ket open fr the election of Officers fora least two 2) hours Seation 2 Every Distict Meeting, except as otherwise provided by special law, shall be cilled in ‘pursuance of a warrant under the hands ofthe Prudential Committee and; (@) notice of which shall be given seven days at least before such meeting. The ‘Warrant shall be directed to the Clerk ofthe District, who shal forthwith give notices of such meetings by posting in two (2) or more public places inthe District and by advertising in a newspaper published in the Town of Pelmer in ‘one issue preceding the date ofthe meeting (@) The warrant forall Distt meetings shall state the date, the time and place of holding the meeting and the articles to be acted upon thereat. (©) The Prudential Committee shall inser in the warrant fr the Annual Meeting all articles, the insertion of which (shall be those which) they consider ‘necessary or those requested of them in writing, ala regular meeting, by ten or snore registered votes of the Town at Palmer residing inthe Temitory comprising the District, and in the warrant for every Specil Distrit Meeting, all subjects ofthe insertion of which shall be requested of them in writing wt @ regular Prodental Committee meoting by ity (50) registered voters. (4) The Prudential Committee shall calla Special Meeting ofthe District upon request in writing ata regular Prudential Committe meeting of one hundred (100) registered voters residing within the Tersitory comprising the Diszict ‘Such meeting to beheld not later than forty-five (45) days after the receipt of such request, ta regular Prudential Committee meeting, and shall insert in the warrant therefore all antics the inserion of which shall be requested by said petition Section 3 At every meeting a Moderator shall be chosen by vote. The Moderator shall have the ‘powers of the moderator of town meeting. Section 4 All Distit Warrants shall be closed sixty (60) days before the date of an annual ‘meeting and thirty (30) days fora special meeting. Section § Any petition or plan proporing to extend the limits or boundaries ofthe District shall ‘be submited in writing o the Prodential Committe at least ninety (90) days before the Annual Distriet Meeting or any special mesting. Upon receipt of such propose! or “Thee Rivers Fire Dist By Laws ettplan, she Prudential Committee shall holds public hearing at least thity (30) days ‘before the Annual Meeting or any Special Meeting to hear and study the proposal or plan end to make recommendations thereon at the Anmual Mecting o any Special Meeting. ‘Section 6 The quorum for eny Distict Meeting hall be fiteen (15) registered voters of the Distrist, District Meetings shall be governed by Roberts Rules of Order. ARTICLE Il FINANCES: ‘Section 1. The nancial year of the District shall begin with the frst day of July and end withthe last diy of June ofthe following year. Section 2. No money shall be paid out ofthe Treasury without epproval or order ef the Prudential Committee, The Prudentiel Commitee, the Fire Chie and the Water ‘Supesintendent shall Keep a record ofall expenditures in accordance wth ‘Massichuseis General Laws governing municipal finances. The Prudential ‘Committex shall confirm the selection ofthe services of « bookkeeper or accountant to previde these services forthe District. Seetion 3 The District will havea Finance Committee, whose membership shall total seven (7); all of whom shall be sppointed by the Prudential Committe, and whose term of Office shal be for one I) year. This Finance Committee shall be responsible for the finel view of al proposed items in the warrant of the Annual District Meeting. The Finarce Committe shall submit their recommendations 45 days prior o said meeting. Seetion 4 The Prudential Committe shall cause an suit of the Distit’s books and records at least ance every three (3) years to be performed by an independent CPA or ating ‘rm, ARTICLEIV FIRE DEPARTMENT: Section | ‘The Fite Depertment shall consist of a Fite Chief, two (2) Deputy Chiefs and as many ‘Officers and Meimbecs as shall be necessary to manage the fre apparas and ‘equipment within the District, nol exceeding the number authorized by the Prudential ‘Commitee. Section 2 ‘The Prudential Committee shall appoint the postion of Fie Chief. The Fire Chief ‘hall become s resident ofthe Three Rivers Fire District within twelve (12) months of ppeintment ‘The candidate of Fire Chief shell comply wih the specifications and Stancards so forth by Massachusetts General Laws and the Roles and Regulations of the Three Rivers Fire Department. Section 3 ‘The Fire Department shall be under the contol ofan officer tobe known as the Fire Chi and; ‘Thee Rivers Fie Dist By- Lav Bett(0) The Chie sell be appointed bythe Prodential Committe, and thal receive ‘such salary as the Prudential Coramitee may from time to time determine, not exceeding inthe aggregate the amount annually appropriated therefore. (©) The Chief may be removed with just eause by the Prudential Commits ny time afer a hearing (©) The Chief shell have charge of extinguishing fires inthe District andthe protection of life and property incase of fie. (@) The Chief shall purchase subject to the approval of the Prodentel Committee and keepin repair all property and epparius used for and by the Fire Department (©) The Chief shall have and exercise ll the powers and discharge al the duties conferred or imposed by statute upon fire chefs in towns except as hecein provided, and shall appoint Deputy Chiefs and such officers and firemen as necessary, and may remove the same at any time for cause after shearing (The Chiat shall have fll and absolute suthorty inthe administration ofthe department, shall make ull ules and regulations for its operation, shall oport, to the Pradentil Commit from time to time as they may require and shall, snnullyrepor tothe District the condition ofthe ire Department with resommndations Weed (g) The Chis shall fx the compensation ofthe permanent and call nembers of the Fire Depsrtment subject tothe approval of the Prodentil Commitee (1) Ta the expenditure of moncy the Chief shall be subject to such further limitations asthe District may fom time to time presen. () The Chiat shall keep thoroughly informed ofthe condition ofthe fire apparatis, personnel and all equipment ofthe Fire Department and to report thereon, tothe Prudential Committe annually, to include an inventory a ll property belonging to the Fire Department including that on Toa. Separtment personel ‘Section 4 The compensation for service for memabers ofthe Fire Department shall ke asthe District aba from time to time detemmine by vote, ARTICLEVY WATER DEPARTMENT: “Tee Rives Fire iit By Lava ot7Seetion 1 The Prudential Committee shall actus the Board of Water Commissioners of the Distct and shall exercise all powers and duties conferred by these By-Laws or by state or federal statute and todo all things necessary, convenient or desirable for carrying out the purpose of providing water for fire, domestic use and other purposes. Section 2 The Prudential Committee shall control, operat, maintain, constructor improve the Distit’s water works system and shall adopt rules, regulations and procedures in connection thereof and; (shall ix, revise, charge, collet and abate fees, rates, ens, assessments, delinquency cherges and other charges for water and ther services furished ‘or supplied by it ineluding penalties for violations of such regulations asthe ‘Commision may promulgate under this chapter. The fes,retes, rents, assessments and other charges established by the Prudential Commitee shall ‘beso fixed and adjusted so as to provide revenues at leat sufficient to pay the curren expenses ofthe Commission, to pey the principal and interest of indebtedness issued by the Commission, to create and meintsin reasonable ‘eserves, to provide funds for paying the cost ofall necessary repairs, replacements and renewals of the water works system and to pay for any ‘mounts which the Commission may be obligated to pay bylaw or contact. () shall appoint, employ and determine the compensation, duties and conditions cof employment of s Water Superintendent end other employees asthe Prudential Committe shall deem necessary. The Water Superintendent ball be the exeoatve officer ofthe Water Department and shall administer and ite its affairs as authorized or approved by the Prudential Committe, (©) may from time to time hire, transferor otherwise appoint or employ special Jegel counsel, financial advisors and such other experts, engineers, agents, secountants, clerks, and other consultants and employees as it deems necessary and determine their duties (@) shall maintain an office at such pace or places ws it may determine; (e)_ may apply for, receive, sczept, administer, expend and comply with the conditions of any grant, gift, Ioan, donation or appropriation of any property ‘or money in wid ofthe purposes of the Commission (may acquite by purchase lease lease-purchase, or other options forthe ‘toquisition of, ay water or Water rights and anyother property, real or ‘persona in the exercise ofits powers and the performance of its duties; (g)_ may enter onto any land to make surveys, borings, soundings and ‘examinations thereon, provided that the Prudential Committee shall make reimbursements for any injury or actual damage resulting to such lands and premises caused by any act ofits authorized agents or employees; (2) may acquire by eminent domain any interest in real property within the District in accordance withthe provisions provided by law; {may porchase water in bulk or by volume or to sell water to any person, private or public when necessary or convenient forthe safe and reliable ‘operation ofthe water works system; @) may make contacts and to execute and deliver all instruments necessary ot Convenient for eamrying out any ofits puxposes including entering ito “Tree Rien FireDieeet By-Laws sett‘agreements with other cities, townsor commissions to provide for the joint ‘operation of public activities. ARTICLE VI CLERK OF THE DISTRICT: Section 1 The Clerk, in edition tothe duties of this office as required by law and as prescribed by the Pridential Commitee, shall keep on Bile at the District Office all reports, certificates and inventories submitted tothe District by any officer or committee thereof, which record shall be open a all resonable times tothe inhabitants ofthe District qualified to vote in District affairs. ARTICLE Vil TREASURER OF THE DISTRICT: Section 1 The Treasurer shall be appointed by the Prufental Committee and shall be a resident ofthe District. The Treasurer shall be knowledgeable inthe area of finance and be fequired to give bond in such a sum a5 the Pradential Committee may require, with ‘suteie to their satisfiction, forthe faithful performance of the duties of he office ‘The Treasurer shall receive and take chargeof ll sums of money belonging othe District, and pay over and aecouat for the sume according to its order, ort the order of the Prodential Committee, The Treasurer shall eep a regular account ofall monies received and expended by the Treasurer and will make monthly reports to the Prudential Committe of finds available, expenditures to date, and monies remaining in areas of concern. The Treasurer shall also submit dteiled report at the Annual Meeting and at such other times asthe Distict by vote may require. The Treasurer shall elain and employ the services of a bookkeeper of accountant who has been ‘confirmed by the Prudential Coramitte to provide these services fr the District. ARTICLE VIII. PRUDENTIAL COMMITTEE: Section 1 The Prudential Committe shall act asthe Botrd of Fire Commissioners and the Board of Water Commissioners and shall ececise all powers and duties confered by there By-Laws or by state or federal statute and to do all things necessary, convenient for desirable for carrying out the purpose of providing for fire protection, water Supply, and other purposes, They shall cary identification of ther office famished by and shall remain the property ofthe Dist. ‘Section 2 The Prudential Commitee shall expend forthe purposes prescribed by the District money 90 raised or borowed. They shall have jurisdiction and eontrol of all District property, real and personal, not tierwise designoted ‘Section 3 The Prudential Committee shall direct the Treasurer ofthe District to borow money ts aubhorized ate District Meeting; the members of the Pradenial Committe shall sign all District Bonds, ‘Section 4 ‘The Frudentiel Committe shall recommend all expenditures forthe operation ofthe Fire Department and Water Deparment tothe Finance Committe. ‘Thee River Fie Dist By Laws or?Seetion 5 ‘The Prudential Committee will review and approve the rules and regulations and operations ofthe Fire Department and the Water Department before they are published, The Prudential Committee shall have final authority in disputes between ‘members ofthe Fire Department and the Fire Chief, or between the Water Superintendent and employees of the Water Department. Sestion 6 The Prudential Committee shall eppoint the members tothe District Finance Commitee Section 7 The Prudential Comuntte shall retin the services ofan attorney who shal serve as District Counsel and shall be appointed annually Seetion 8 The Prudential Committee will keep minutes of all meetings in writing and will subrnit these minutes tothe Clerk ofthe District for fling ARTICLE IX BY-LAWS COMMITTEE: Section 1A standing By-Laws Committee ofthe District, consisting of seven (7) members, ‘appointed by the Prudential Committe for aterm of one (1) year wil review the ‘curent By-Laws ofthe District at least annually to establish any necessary additions and deletions. ARTICLE X AMENDMENTS TO BY-LAWS: Seetion 1 These By-Luws may be revised, amended or repealed by warrant at any ennval ‘meoting oral a special meeting called for the purpose, by a two-thirds vote of those present and voting and will become effective ninety (90) days from date of approval “unless itis declared to be an emergency nature and should be effective immediately (or earlier than ninety (90) days Section 2 The elected Treasurer shal serve othe expiration of ther term of ofice with ll authority granted by the vote of the District. Scetion 3 The elected Board of Water Commissioners shall serve to the expiration oftheir erm of office as advisors tothe Prudential Commies concerning all Weter Department ARTICLE XI BY-LAWS Section 1. These By-Laws when approved by the District, supersede all By-Laws already in existence, “ies River Fite Dict By-Laws aotEXHIBIT C sassairs ‘ees Sata Jy 2 From: Tessina, Michele (SEC) { maito:nichlle lassinarifsec.statena.us} Sent: Wednesdy, September 09, 2015 2:30 PM Tor Three Rivers Ge Murray, Rebecca (SEC) Subject: RE: FW TIvee Rivers Fire Distt Election Proctces Good Aitemoan Sars- | am wing fo follow-up on our previous conversation regaring the “election” ofthe TIvoe Rkers Fle Distt in May Iwas reported to us (and conrad by a least one cancidate) hal bark absantee balls were provided to candidates {or dsinbuion to ver, absentee voters were not required fo complete appicaliors porto rectving balots and that balts were being detaouted by the candidates up untl the right befor the election.” These allegations reise serious ‘onoems about the conduct ofthe “election” and may cleo sues of pterill oatlons of ciminal statutes relative to slocions ‘The Secretary of the Commonwealth possesses the auth to investigate complants and order lca lection ofils. to comply wih the law in appropiate cases. See G. Lc 86, §80 (2018 ed.) soe also 850 C.M.R. § 56.02 (dering ‘complaint pursuant to G. L.€. 85, § 60). Ary person may complain tothe Secretary thal apatiem of conduct, ora ‘andar, practice or procedure, o a oral offi ls contrary to elec laws. Aso, the Secotarys Offes may iste 2 amplant 950 CMR. § $6.02. The Secretar does nt have the autho to Invaidate an election or order @ new ‘ladion that athoaly I lmied to the courts and even fa violation is Conimod, the Secretary’ author i limited {o ordering compliance moving fontard. Te fist getermination that mist be made, hawover, Is under what authority fad provisions the “leon” ofthe Disc officer le made. ‘Since our lat conversation, Ive reviewed Chapler 325 of the Acts of 1943 to which you refered me (ich is coped below) As we previously icuseed, we must detanmine the process by which the Tree Rivers Fire ist elects the ‘ffcere—the prudential comin and ce. Based on wha! we'va recearched thus fart sopeers that the authority of the eleaton ofthe prudential commie isa ast resting ane rol atan election under the stale electon laws, Under the provisions of General Laws chapter 4, section 113, 9 dist may vote thet ofc ballets are sod for thir flection. If tat vote occur, which most be done ct en ennusl or spec mecting, the dict must lw the provisions ofthe state election laws, THs would include the gererl laws relative to ball acces (ubmission of Fomination papers for certioation end ling cried papers), panting anc cistrbuton of bats, ncuding absentee bats, and ving, However, the Distt ns been unable fo confirm tha a vole louse fil ballots has taken place. As such, ft sopears thatthe election of the prudential committee is lized to atthe Dist meeting | have been provided with a copy ofthe Distt by ows, which ls my understanding were enacted in 2013. Wile sextion 1 of Arde Il sates thatthe elections sal be conducted in azorsance with the provisions ofthe ganeral ave ihe Commonwealth of Massachusetts govering estons, here are inconsistencies wih the remaining provisons ofthe bylaws. First in that some section of Ace it (which is thie “Meetings, It spciicaly states thatthe elesticn of officers of ine date! shall be held el the annual meeting or any sped maating ale forthe purpose of fling an elected vacancy. ‘Adsitonally, in section 6 of Ate It tates that candidates asping for elction office within the Dist shall fils rominetion papers, eval from the detet rk no later thar 30 ays prior to the election, This i inconsistent with Ihe sate lector laws, which require certified nomination papers b fad wih the dst rk at last 36 days before the election (General Lawe chapter 83, section 10 and General Laws ciapier 4, secon 115). Fialy, 1 have confirmed vith the Attomey Genera office that enaetnent of @byHaw cannot apply the state election lain where @ specie provision of aw aready alates is eppication. [As outnad above, it does not appear that the Dict had the authority to conduct an ‘election Inthe manner in wich ‘osured n May. As the application ofthe sale lecion laws was not valid the complaint doesnot fl within the eninener ete Cigar irda ARNBHONRIN TACK EER onlYADARIDAC TS. VEsicaios “wee Res "Betor ade 25 uth of General Laws chapter 56, section 60 for investigation by this Ofc. Even though this Offs may not have authority to oer the Die o folow the election ans of take further action relative tothe “election” of Dict, tffcor, we would roaramend creating a transparent process moving forwars, Itismy understanding that the District wil ba re-convening 2 byw revew commitie to make recamendations for ow ban that wil sat a more detailed process for etctng" officers at the district meetings. The ist coud also request legislation to ceate a speci procass forthe election of strc officers. Ths woul requ a est! vole to ‘submit a roques for special lellation. Through this process, the Dist could apply provisions of the lection laws ‘and coud seek to have a “re-do” of he election fom last May, which raised sarious concerns about ansparency and the validly of the elecied officers. We are happy to review any proposed by-laws o legislation fr convey wah the lotion laws o for best practices. Please confi thatthe Dlevet has not vote ala Diet meeting Louse official ballots. Astonaly, please provise this Office with an update as to wal actions the District intends to take fo lary the “election process moving forward ‘noe the byawe forthe “lection” of members are not vali. Hock fortard to your response within 14 businss days “Thank you for your ttrtin to this attr. Michelle K. Tassinad Doctor and Legal Couns, Electlons Division Office ofthe Secretary ofthe Commonwealth (One Ashburton Place, Room 1705 Boston, MA 02108 617-727-2028 costearoncrer tar ocak NK OARICNDOMIE ASO HSED ony Ne EN AEXHIBIT DSTEPHEN R. CHIACCHIA, CPA PALMER, MASSACHUSETTS 01069 413-203-7672, (Fax) -283-4088 Decenber 9, 2015 Rayaond Doney, Chaiman Three Rivere Fire District 50 Springfield strect Three Rivers, MA 01080 Re: Voting Records Dear Me, Doney: under the Freedon of Information Act, T respectfully request copies of and access to the voting records, including, but not Limited to, street Liste, voting lists and absentes Ballots of the annsal election that took place last May 2015 when residents voted for Prudential Comittea Menber and Clerk. wmanx you for your cooperation. _Aljihen 8 Chuivebio Stephan R. ChiacohisEXHIBIT E‘The Commonwealth of Massachusetts ‘Willam Francs Galvin, Secretary ofthe Commonwealth Publie Reconds Division ‘Sham A Wile Sip of nd January 13, 2018 SPRISI9¢1 Ms. Carolyn Scott-Howe, Esa. 53 Ennpie, Suite G Chicopee, Ma 01013 Dear Attomey Scott-Howe: {Uhave received the petition of Stephen Chiacchia appealing the nonresponse ofthe Three Rivers Fire Department (Department to arequest for public records, G. Lc. 66 § 10(b): see also 950 CMR. 32.08(2). Specifically, Mr. Chiacchia requested a copy of te voting records, ‘voting lists, street ists, absentee ballots ofthe May 2015 annual election where the voters vated for a particular committee member. Despite our ltr io the Department dated December 29, 2015 acknowledging the opening ofthis appeal, as well as a follow-up conversation sith a ‘member of my staff and a Fanuary 6, 2016 email memorializing that conversation, no response was provided, ‘The Public Records Law strongly favors disclosuze by cresting a presumption that ll ‘governmental records are public records. G. L. c. 66, § 10(¢}; 950 C.MR. 32.08(@). “Public ecards" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of en town ofthe Commonwealth unless fling withina statutory exemption, G.L.«. 4,§ 726), Itis the burden ofthe records custodian to demonstrat the application of an exemption in order to withhold a requested record. G. Le. 66, § 10(¢); soe alzo Distt Avorn forthe ‘Norfll Dist v Fete, 419 Mass. $07, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). | find the Department has filed to respond toa request for public records. Accordingly, ‘he Department is hereby ordered, within ten (10) days ofthis order, to provide Mr, Chiaceh With a response tothe request, provided in a manner consistent with this order. the Public Records Law and its Regulations. Ifthe Deparment maitains thet any portion ofthe responsive records are exempt from disclosure it must, within ten (10) days provide to Mr. Chiaechia a writen explanation, wit specific, bow a particular exemption applies to each record, To meet the specificity requirement a custodian must not only cite an exemption, but must also state why (One Ashburton Phe, Room 1719, Boston, Massachusers 02108 - (617) 727-2832 - Fax (617) 727-5914 ‘whvsecsete ma uslpreMs, Carolyn Scot Howe SPRIS/941 Page 2 January 13, 2016 the exemption applies tothe withbeld or redacted portion of the responsive record. A copy of any such response must be provided to this offic. It is preferable to send an electronic copy of this response to this office at pre@see state mas 1 there are any fees associted with this esponse a written, good faith estimste must be provided. G. Lc. 66, §10(a); see also 950 CMR. 32.06(2) (here cost of complying with a ‘equest for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide writen good faith estimate). Once te fes ar paid, you must provide the responsive records “To assist the Departmert in responding to requests for publi records Ihave enclosed a copy of our publication, A Guide o the Massachusetts Public Records Law. This documeat is also available onthe Internet, fe of charge, at mi Attomeys on my staff are availble during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct raining workshops on the Public Records Law upon request. Please contact my office directly atthe telephone number provided in this determination for farther information ce: Mr. Stephen Chiacchia ‘Taree Rivers Fire Department