Friday, September 6, 2013

Goat Rope: lagging afterthoughts

We were, we readily admit, totally focused on a strong response to what we observed in the video of the Town Council meeting of Tuesday, September 4th, because it was so out of alignment with the formal documents we have in our possession.

We were anxious to finish our comments and hit the ‘publish’ button.

After we did, as we were munching on our home-made Pizza Margherita, it occurred to us that we had neglected to allow for the possibility that Council Chair Suzan Wilson had acted in good faith, describing exactly how the BDC operates.

The problem, of course, is that if she did, she made it clear that the BDC and their directors behave in direct contravention of the Bylaws that in theory constrain how they operate.

And you know what?  If that’s the case, there’s not a damn thing we can do about it.  And they know that, which makes it even worse.   Think about it: how on earth can you challenge the behavior of public servants who do as they damn well please, no matter what the fine print of their charters say?

As one last point, we think it’s worth reminding you of this BDC Bylaw language in Section 6.1:

The Town of Brunswick, Maine, shall be the sole
member of the corporation with all rights and obligations of membership provided by the Articles of Incorporation and Bylaws.

Funny, it doesn’t talk about any goats.  Or porkers.

Both of which seem entirely relevant.

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1 comment:

  1. The State or the town cannot create an entity that has more power than it was given. Under Maine's constitution the legislature and in kind the town can sell state or town land and guarantee loans to enhance industrial or business development. They have no power to go into the leasing business as the MRRA is doing or become a lender as the BDC is doing. Such actions are illegal because the laws that created them were unconstitutional. Having said that, what can we do about it when the state's officials disobey their own laws when all branches are a party to the law breaking? The answer is absolutely nothing

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