Wamps are lawyering up
Lawyers representing the Mashpee Wampanoags have made a public record request to the town of Middleboro for any document, video, or audio anything that contains the word “Casino”, “Wampanaog”, or curiously “Adam Bond” according to a Brockton Enterprise story. The size and scope of the records request is interesting.
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The tribe was billed $3K for the documents which are available for public inspection in the offices of the town manager and town planner. My guess is that they are mostly trying to intimidate the town by appearing to prepare for a protracted lawsuite – which they can’t afford. This is to limit their liability for what the town of Middleboro considers to be a unilateral breaking of the IGA.
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Clearly they are going to make the case that there was no written or implied exclusivity. That is indicated by item 12. Items 18-21 are meant to frighten us into believing that the tribe is going to look for repayment of some of the planning monies if we don’t back off. I’m curious about items 16 and 17 – votes about picking IGA negotiators and Adam Bond’s role. There’s something behind that but I don’t know what. Maybe they just wanted to invoke an “Oh no, not Bond” reaction from the BOS. Beyond that they’re just being a pain by requesting so much stuff – stuff that could be used by a competent legal team in the event that legal battles begin in earnest.
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I wonder how much success Middleboro would have if they made a similar request to our sovereign nation former friends? Probably about as much success as we would have had trying to manage a sovereign nation mega casino – a idea that dumb three years ago and just gets dumber over time.
Requests to a federally recognized tribe cannot be submitted under the Freedom of Information Act (FOIA). As a sovereignty, they do not have to respond or comply. The only records concerning the tribe which are covered under FOIA would be documents filed with federal agencies; and even then, financial information will be redacted.
You’re right BB. More and more reasons for us to be happy that we don’t have the jurisidctional nightmares that go along with “hosting” a sovereignty in our town.
Maybe I can throw a different spin on this. Maybe they’re trying to reproduce the records that they may have shredded in their haste to get rid of financial records, election ballots, and genealogical records, etc., that they may find “inconvenient.” The Cromwell administration has little regard for record keeping. We have not received a monthly financial report since they got in. WE can’t get anything out of them, and the only way we ever will is with sledge hammers, crowbars, and shotguns. You never will.
@Ebenezer Attaquin
You crack me up Ebenezer. Cromwell etal must love you about as much as my BOS love me.
The Secretary of State’s Public Records Division allows a max of twenty cents per page for reproduction costs of documents, plus the cost of the LOWEST-paid employee that can collect and copy the documents being requested. Do the math – $3000 divided by $ .20 = an awfully lot of documents!!!!!!!!!!!!!!!!!!!!
Heh heh, I know where the stuff they are looking for is. If they had not PO’d so many people in their ascent to power, they may have known too!
Another spin. Perhaps, they want to delve into the contractual agreement as to the money being spent on “casino planning.” In reading the IGA, it means that they can question at anytime what the purpose of the money being expended has to do with planning the casino.The burden of proof lies on the BOS as to the correlation between each expenditure and the casino planning.
I once asked about the ‘certification’ process for the casino planning funds and Cristello told me that he was the one who certifies what we can and cannot spend the money on. If it comes back that we misused funds and need to payback the money I wonder who stand up and take that blame.
I certainly don’t trust or believe any of the assurances the Tribe gave us stating that we can keep all of the money.
I wrote a column quite a while back that advised that said “Don’t spend the money” and “figure out a way to get the land back”.
All I want right now is for this to be ended once and for all. If we take a bit of a hit and have to payback some of the money, my outrage will be low if we can otherwise extricate ourselves from this mess quickly and cleanly. The money we spent on studies and equipment probably should have been spent – casino or no casino. It’s the money we spent on salaries for planning that bother me.
IMO the only reason the Wamps are lawyering up is because the BOS is. What is the damage to Middleboro by not having this casino come to town, besides the damage caused by the BOS itself in a rush to judgement on this issue 3 years ago? We cannot prove any financial loss so what are we fighting for? Let them go, it is a blessing that we do not have to deal with a casino in our downtown area.
The Wamps and their crooked developers did not cause the dividing of the town, the Wamps did not cause the mistrust caused by BOS decisions. The Wamps gave the town money and the BOS took it and spent it on whatever they wanted and justified it to themselves that it was for casino planning, even long after it was clear that the casino was not coming.
If we go to court with the tribe we will get nothing but more attorney fees. Let it go BOS!