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| Who is responsible? |
| By William F. Zachmann |
| Wednesday, July 25, 2012 02:00 AM |
|
Most of the time, hopefully, Duxbury’s Town Government runs smoothly. Sometimes, however, it does not. Sometimes something goes wrong. Occasionally, something goes very wrong – wrong enough to cost Duxbury’s already over-burdened taxpayers some serious money. When something goes seriously wrong who, ultimately, is responsible?
There is a delightful old story called “The Tale of Melon City.” A king decides to have a triumphal arch built to celebrate his accomplishments. But as the king rides in procession under the arch, his crown is knocked off. The arch is too low. He orders that the builders of the arch be hanged. They escape justice, however, saying they only followed the orders of the architect – who points out that he merely incorporated last-minute changes ordered by the king.
The king hires a consultant who, in his report, determines that it is the arch’s fault. He recommends the arch be hanged. A scaffold is built. The rope is too short. The rope makers are blamed. They protest, saying the carpenters built the gallows too high. The crowd grows restless. Everyone is measured to determine who is tall enough to fit the gallows. Only one is. It is the king himself. He is hanged. “Thank goodness we found someone to hang,” say the royal counselors, “and not a minute too soon! Any longer and the mob might have turned against the crown!” Per local custom, the next stranger to wander into the city must select the new king. He happens to be a fool. Asked who should be crowned, he says, “A melon!” He is very fond of melons and can think of nothing else. This is how the place becomes known as Melon City. Asked now what they think about their king being a melon, the locals say, “In our country, the king has every right to be a melon for as long as he likes! We are content with that, so long as he does not interfere with our lives.” But back here in the real world, playing the Blame Game when something goes wrong does not work as well. A corporate board or government body that does not exercise due diligence, especially when it fails to investigate problems clearly brought to its attention, is liable for the results of its inaction. In Duxbury, the responsible government body is the Board of Selectmen. The Town Manager Act of 1987 makes this very clear. Specific authorities and responsibilities are delegated to the Town Manager but the ultimate authority – and responsibility – rests with the selectmen. They have an affirmative obligation and a sworn duty to oversee town government – and ample powers to investigate any concerns or allegations brought before them regarding possible problems. Paragraph H, Section 2 of the Duxbury Town Manager Act says: “The Board of Selectmen may make investigations and may authorize the town manager or other agents to investigate the affairs of the town and the conduct of any town department, office, or agency, including any doubtful claims against the town, and for this purpose the Board of Selectmen may subpoena witnesses, administer oaths, take testimony, and require the production of evidence.” So the answer to the question is really quite clear: If something goes wrong in town government, various parties may be to blame along the way, but the ultimate responsibility lies with the Board of Selectmen. |







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