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Home Page Letter of Complaint
Subject: Town Manager - Excess of Authority
To: Board of Selectmen
From: David Delorey
Date: January 7, 1998
Location: Town of Billerica, Massachusetts

                                            One Edgar Road
                                            Billerica, Massachusetts 01821
                                            January 7, 1998

Board of Selectmen
Town of Billerica
365 Boston Road
Billerica Massachusetts

Dear Board Members:

I understand that the town manager has reorganized a town agency.  This was
reported in the Sunday, January 4, 1998 edition of the Lowell Sun.

This reorganization apparently involves moving the water billing department
to the office of the town treasurer and increasing the salary of the
treasurer by $7,200 with no offsetting decrease in any other salary and
with no appropriation or approval by the legislative body to support this

I am writing to the board because it is my view, based on the newspaper
article and my reading of the Billerica Home Rule Charter, Section 4-1-b,
 1) The town manager needs to prepare a reorganization plan, and
 2) The town manager must consult with the board of selectmen, and
 3) A public hearing must be held, and
 4) A warrant article must be filed to approve of the reorganization, and 
 5) The town meeting must approve of the reorganization, and
 6) The increased salary  must be appropriated by the town meeting.

I don’t believe that all of these steps have been completed.  Thus the town
manager may be acting in excess of his authority (i.e., as a private
citizen).  It is also my belief that this exposes the town to a fair
amount of litigation, and related cost to the town, from a number of
parties and/or any ten aggrieved taxpayers.

I would appreciate your efforts to place this matter on the agenda of the
next  board of selectmen meeting for the purpose of acting immediately:
 1) To intervene and reverse this decision to reorganize the water billing
    department, or
 2) To get the approval from the board to support the actions of the
    town manager to act contrary to the requirements of the town’s charter.

Please contact me at the above address or at with any 
questions or comments.  Thank you.
                                              David Delorey
                                              Town Meeting Representative
                                              Precinct Seven
cc: Finance Committee

Home Page Response to Letter of Complaint
Subject: Town Manager - Excess of Authority
To: David Delorey
From: Board of Selectmen
Date: No Response Provided
Location: Town of Billerica, Massachusetts

Quotes - Selectmen Meeting - January 26, 1998

Town Manager: "I don't agree that I broke the town charter."
Selectman O'Donnell: "The idea was the right idea."
Selectman Rawlings: "It's a serious problem."
Selectman Hurd: "I don't think there was an intent to break the charter."
Selectman Cangiamila: "He broke the charter in every sense of the word."
Selectman Doyle:

also see Billerica Minuteman story, January 29, 1998, "Town Manager is on the Hot Seat"


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