NORTH ADAMS - Gov. Deval Patrick couldn't forgive a city worker's past conviction, dashing his hopes to retire with a pension in a move described as "callous."
The governor vetoed a home rule bill late Wednesday that would have reinstated the retirement rights of Highway Superintendent Leo Senecal.
"This is the most callous act I've ever seen by a governor," said Mayor John Barrett III on Thursday. "He's hurt someone who doesn't deserve to be hurt."
Senecal pleaded guilty in 1998 to burying hazardous waste (oil) at the city yard. He said at the time that he was trying to save the city money. He was fined $9,000 for the cost of the cleanup, suspended and demoted, and placed on probation. He served no jail time for the criminal conviction.
State Rep. Daniel E. Bosley, D-North Adams, said he was frustrated and disappointed by the governor's action and vowed to override the veto.
"This is a case of redressing a wrong. It's very frustrating," said Bosley, who filed the bill. "I'm bound and determined to override this thing. ... We'll carry it over [into the new year]."
Pension Revoked
Senecal, a 40-year city veteran, continued to pay into the city's pension fund but was stripped of his rights earlier this year because of his conviction. Retirement Board members had reportedly been told they could be jailed if they OK'ed the pension in defiance of a 1996 law that prohibited convicted felons from receiving state pension benefits.
Bosley filed the bill asking the Legislature to exempt Senecal. The Public Employees Retirement Administration Commission had explained the particulars to the governor's people in support of the bill, he said. The City Council had voted 9-0 in support of the measure.
But what angered both Bosley and Barrett was that the governor never communicated with either one about the bill - or his decision to veto it.
"He never called anybody to find out what the situation was," said Barrett. The mayor said he learned of the veto Wednesday and spent a sleepless night before informing Senecal on Thursday morning.
The governor also didn't return a call from Barrett, instead having his chief of staff respond - which didn't sit well the the state's longest-serving mayor.
"I don't know where this guy's coming from," said Barrett, adding that the governor he supported has done little to back up his claim of bringing compassion to his office.
In his message to the Legislature on the veto, the governor wrote "I do not believe the public is well served by making individual legislative exceptions to a rule that is meant to apply uniformly."
Bosley, however, said those exceptions are very much the purview of the Legislature.
"This is the General Court of Massachusetts. We are the court of last resort," he said, for people who find themselves in difficult situations, such as Senecal has. "We turn down dozens [of requests] a year. We approve precious few because they have merit."
Senecal is the first - and so far only - public employee to be punished under the 11-year-old law designed to prevent corrupt public officials from retaining benefits. The Retirement Board will return the $41,000 or so he's contributed to the system, but he'll have no Social Security, no pension and no insurance. He's paid about $50,000 in attorney fees and will lose an estimated $700,000 in pension benefits, said the mayor.
'Slap in the Face'
Barrett described the veto as a "slap in the face" to Bosley, and wondered why the governor would anger a powerful lawmaker and co-chairman of the Committee on Economic Development and Emerging Technologies - where Patrick's life science bill and casino initiative are currently sitting. Bosley is an outspoken opponent of casino gambling.
The representative said he didn't think it was personal and didn't know why the governor would veto the bill. He and Sen. Benjamin B. Downing, D-Pittsfield, a sponsor of the home rule bill, have been lining up support for a veto override.
"This guy has paid a lot for one transgression in 40 years," said Bosley. "He's paid in money, and in embarrassment every time there's a story."
If you would like to contribute information on this article, contact us at info@iberkshires.com.
Your Comments
iBerkshires.com welcomes critical, respectful dialogue. Name-calling, personal attacks, libel, slander or foul language is not allowed. All comments are reviewed before posting and will be deleted or edited as necessary.
No Comments
Clarksburg Select Board Accepts School Roof Bid, Debates Next Steps
By Tammy Daniels iBerkshires Staff
CLARKSBURG, Mass. — The Select Board last week accepted a bid by D.J. Wooliver & Sons to do the flat roof on the elementary school.
Wooliver was the lowest bid at about $400,000 but cautioned that the cost may rise depending on the conditions once the work started. The work will depend on town meeting approving a borrowing for the project and a possible debt exclusion.
But how much borrow and whether the work will be worth it has been a conundrum for town and school officials. The condition of the school has been a major topic at meetings of the board and the School Committee over the past few months.
Town officials are considering putting the question to the voters — try to piecemeal renovations or begin a new study on renovating or building a new school.
In the meantime, the leaking roof has prompted an array of buckets throughout the school.
"Until they actually get in there and start ripping everything up, we won't really know the extent of all the damage per se so it's really kind of hard to make a decision," board member Colton Andrew said at last week's meeting, broadcast on Northern Berkshire Community Television.
Board member Daniel Haskins wondered if it would be better to patch until a town made a decision on a school project or do a portion of the roof. But Chair Robert Norcross disagreed.
Bailey explained that this change will allow police officers more flexibility when responding to non-emergency calls, reducing wait times at the traffic light and reducing potential traffic congestion when emergency vehicles need to pass through.
click for more
First Congregational Church of North Adams' fourth annual "Share the Love" campaign concluded with over $9,000 raised to support local organizations serving individuals in need. click for more
The School Building Committee's update on Tuesday included that a public records request for the detailed design documents is requiring redaction and review, including by public safety. click for more