Tuesday, August 5, 2008

Attention to detail

Well since they can't spell my name correctly--just as well they are not heading up the investigation.

Update: 1:45 pm This is the post that really spooked Hubley. Click this link

From: "Tishler, Sarah (AGO)"
RE: quo warranto request (2'nd) to remove Amherst Town official over residency
Date:July 31, 2008 3:57:07 PM EDT
To: amherstac@aol.com

Dear Mr. Kelly,

Thank you for contacting the Office of Attorney General Martha Coakley. Your e-mail has been forwarded to me for response. At this time, the Attorney General’s Office is choosing to decline your request for a quo warranto procedure. If you wish to pursue this matter further, you may wish to contact the State Ethics Commission. They can be reached using the following contact information:

State Ethics Commission
One Ashburton Place, Room 619
Boston, MA 02108
Tel: (617) 371-9500
Toll Free: 1-888-485-4766
Fax: (617) 723-5851
www.mass.gov/ethics/

We regret that we cannot be of more assistance to you in this matter.

Sincerely,



Community Information and Education Division

Complaint to Secretary of State (still waiting for response)

From: amherstac@aol.com [mailto:amherstac@aol.com]
Sent: Monday, July 07, 2008 8:44 AM
To: E-MailCorrespondence, Ago (AGO)
Subject: quo warranto request (2'nd) to remove Amherst Town official over residency

Massachusetts Attorney General Martha Coakley
One Ashburton Place
Boston, MA 02108
July 7, 2008

Dear Attorney General Coakley,

On May 20 I requested you undertake a ‘quo warranto procedure’ to remove from office Amherst Town Meeting member Robie Hubley. On April 10 Mr. Hubley signed a ‘Homestead’ declaration for a residency in South Hadley and also signed (with his wife) an FDIC mortgage from Florence Savings Bank that also requires “primary residency” at the South Hadley home.

The Amherst Town Attorney wrote to you and politely suggested you stay out of the matter until the local option occurred, G.L.c. 51, 48—a hearing before the Amherst Board of Registrars.

On Thursday, July 3’rd the Board did meet (as I am currently in China adopting a second daughter, I did not attend) and according to the Daily Hampshire Gazette both Robie Hubley and his wife Anne Awad (who recently resigned her Select Board seat) attended but did not speak, because—amazingly--the Board of Registrars did not ask them any questions!

The issue of the “Homestead” declaration was not discussed and the bank mortgage “primary residency” requirement was dismissed as a “private” matter.

One of the three Registrars, Harry Brooks, is a personal friend of Anne Awad and failed to recuse himself from the proceeding.

The Town Clerk (who moderated the meeting) serves at the whim of the Amherst Town Manager. Anne Awad and Robie Hubley were both Amherst Select Board members two years ago and made the decision to hire him. Town Manager Shaffer has steadfastly defended the couples right to declare Amherst their home no matter the evidence to the contrary.

Since this initial July 3 hearing was simply exploratory to ascertain whether “sufficient grounds for an investigation” exists, it is beyond comprehension the Board of Registrars unanimously decided that no such grounds exist —right up there with the earth is flat, Apollo 11 never landed on the moon and Elvis is alive.

Obviously the proceeding was far from impartial and if allowed to go unchallenged will undermine the confidence of Amherst voters in our system of democracy.

Could you now, please, bring your office into this matter?


Sincerely Yours,

Larry Kelley
Amherst Town Meeting
Amherst Redevelopment Authority
5’Th generation Amherst resident

via email

8 comments:

Anonymous said...

What's our next step? We are all as concerned as you are about the injustice of so much power vested in the hands of a person who signed a homestead declaration in South Hadley. I lay awake at night worried about how Hubley might be abusing the power while I sleep (especially with town meeting just around the corner.) It really irritates me that nobody is taking you seriously about this crime. Like so many other issues, they just don't get how important this is. Rest assured that there are a few of us out here that really do get how important an issue this is.

Anonymous said...

What is this, a town abortion? I guess rules do not matter, even with the Attorney General's office, and especially with our town government officials. Do not other people in this town matter, as to what is going on?

Yes, Larry Kelley (spelled name right), WHAT IS NEXT?

LarryK4 said...

About a week after this letter I did also send one to the Secretary of State’s office. And I’m sure the AG has bigger fish to fry (damn, another one of those violent metaphors).

But the Secretary of State should take it more seriously--because the Board of Registrars did not do their job (and as a result, cannot be trusted in the future to do so). And it is the Secretary of State who maintains the Public Land Records and he should be interesting in upholding the sanctity of a Declaration of Homestead.

Either way, 8/31 is just around the corner, and I assume Hubley will resign his venerable Town Meeting seat that he won via his own vote when Ms. Awad takes a hike.

Anonymous said...

Yes, this is really awful. Doesn't the AG's office get just how important this is. What do they think laws are for? This is such a mistake. If they can't protect us about something as important as this, what about the little things???

Maybe you should write to them again to impress upon them just how important an issue this is to the good people of Amherst? Maybe stand outside Hastings for the rest of the summer with a petition? Maybe get it signed by a few thousand concerned residents? Maybe threaten not to vote for Coakley in the next election?

On second thought, if we all agree that Hubley will probably resign August 31, why back him into a corner to decrease the likelihood of that happening? Oh let's do it, and see what happens.

Anonymous said...

Too bad Larry, now, you're in their special file with all the "thanks for writing but we don't do UFO investigations" letters.

LarryK4 said...

Hard to keep you Anon’s strait.

When I wrote my letter to the Town Clerk requesting a meeting of the Board of Registrars to challenge Hubley/Awad’s voter status, I outlined it with the reasons why and I purposely went there in person and had her swear me in, and then signed it in her presence. So if you think I am wrong on anything said in that letter, you can get me for perjury (probably a more serious crime than stalking).

When Awad/Hubley wrote their letter to the Board of Registrars they were not under oath and when they appeared at the July 3’rd hearing they did not speak and were not sworn in.

They did however both sign a FDIC mortgage under the pains and penalties of perjury on April 10 that required the house in South Hadley become “primary residence” by June 10’th. So either they lied on that form or they lied to the Board of Registrars in their letter of late June claiming Amherst as their primary residence.

And we know they lied in a Letter to the Amherst Bulletin saying they removed the Declaration of Homestead on the South Hadley home and renewed it on their (up for sale) Amherst condo.

I did notice Mr. Hubley was calm, cool and collected when he asked me over the phone about my use of the military phrase “locked and loaded”. But he became very angry, started yelling and slammed down the phone when he was railing about my suggestion of “bank fraud” and possibly contacting the Federal prosecutor in Springfield.

So yeah Awad is on record as leaving August 31. If Hubley does not resign his AMHERST town meeting seat by then I will contact the Federal Prosecutor (an Irish guy, so even small matters of law may matter).

After all, bank fraud and the sub-prime mortgage meltdown has been in the news lately. And Florence Savings Bank does seem to give preferential treatment to politicians.

Anonymous said...

You will contact the Federal Prosecutor to see if he wants to bring perjury charges against Hubley for his mortgage declaration?

Be sure and wear your tinfoil hat so he can see you coming.

As a great teacher once said, "Sit down, you made a fool of yourself."

LarryK4 said...

Well if it comes to that (and I don't think it will) I would include Awad in the charges.

And that is what is great about this day and age (God I just love wireless).

I don't need to see Mr. Sullivan in person, I can do it anytime of the day or night right here from the comforts of my little red house in Amherst--you know--my "primary residence."