Misunderstanding The Rule of Law

Several instances of improper language came up during Monday night’s Board of Selectmen’s meeting, most notably when it was mentioned several times that Winchester’s Town Attorney Kevin Nelligan would issue “a ruling� as to whether this or that was legally acceptable. The term “ruling� elicits an embarrassed cringe because, of course, lawyers do not issue rulings. They issue opinions.

Unfortunately for Winsted, members of the Board of Selectmen seem much less interested in governing the town than they do in covering their keisters with the shield of a lawyer’s opinion when it comes to difficult issues, such as the controversial cut to Recreation Director Alesia Corso’s position.

Selectmen can legally make any motion they want about it, but they install their greatest faith in a single attorney to “rule� what they can or cannot do. The very fact that they call it a ruling shows how little responsiblity they wish to accept.

This situation is not limited to the issue of the recreation position. Mayor Maryann Welcome deferred to Nelligan when she wanted to know whether or not it was appropriate to discuss a proposal to purchase the old Lambert Kay property on Lake Street. If you need an attorney to tell you whether it’s OK to talk about something in public, you’re not exhibiting the greatest leadership skills. That’s just an opinion — not a ruling.

The town attorney was also asked Monday what the Board of Selectmen should do about a letter from the state Department of Environmental Projection (DEP), which fines the town $20,000 for neglecting  an out-of-compliance underground oil tank at Pearson Middle School. Nelligan, who sounded tentative in many instances, ultimately suggested the board authorize Town Manager Owen Quinn to send a letter back to the DEP appealing the fine.

Again, Nelligan was just giving his nonbinding legal opinion as to what should be done, and it sounds perfectly logical, but it’s a little surprising that the town manager and members of the Board of Selectmen, with their many combined years of experience in public service, could not figure this out for themselves. Hopefully, the money they spent on a legal opinion will result in a favorable ruling at the state level.

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