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■ • w,, • All <br />ATTORNEYS AT LAW <br />CORNER OF BEAI;ISE"S WAY AND BASSI=TT LANE <br />POST OFFICE BOX 978 <br />JOSE;PH J. REARDON HYANNIS,MASSACHUSETTS 02601 <br />'a' tLLIAM W, THOMAS <br />BRAIDLEY J. BAILEY <br />w,W <br />February 3, 1989 <br />Charles A. Swain, Chairman. <br />Falmouth planning Board <br />Falmouth Town Hall <br />173 Main Street <br />Falmouth, MA 02540 <br />ICE: Conflict of Interest Opinion/ <br />Green pond Site plan <br />Special Kermit <br />Dear Mr. Swain:. <br />TELEPHONE <br />771—A644 <br />AREA Com SC8 <br />I have been requested by Town. Counsel, Frank K. fluffy, Jr., to assist hire <br />in rendering a conflict of interest opinion. Mr. Duffy felt it inappropriate <br />that he reader the opinion due to the possibility of conflict of interest on <br />his part, I am the Town Counsel for the Town of Mashpee and in the course <br />of my employment, I have become familiar with the provisions of Chapter <br />268A, as I have rendered a number of opinions to employees in the Town of <br />Mashpee. <br />It is my understanding that the nine member Planning Board has pending before <br />it a site plan for review and approval. It is my further understanding that <br />it is necessary for six members of the Board to vote in the affirmative in <br />order for action to be effective. I have been informed that Board Members <br />Daniel G. Augusta, Raymond Tavares, John D. Crocker, Janet Hand and yourself <br />have inquired as to whether or not they would be in violation of the provisions <br />of Chapter 2 8A (Conflict of Interest Law) if they participated in these deliberations. <br />I. have been asked to render an opinion relative to the same and further, whether <br />or not the Rule of Necessity may be invoked in the event less than six ;members <br />of the Board are available to sit on this hearing. <br />By vote taken March 19, 1984, the Board of Selectmen designated the Manning <br />Board Members as Special Municipal Employees. This is significant, as different <br />rules are applicable for Municipal Employees as opposed to Special Municipal <br />Employees. For further amplification of the definition of Special Municipal <br />Employee, I would refer you to Section 1(n) of Chapter 268A. <br />I will hereafter address the specific Board Member in question in the order <br />in which I have first mentioned them in a preceeding paragraph, <br />