Whitey Bulger was arrested on June 23, 2011 and will be going on trial for 19 murders next week, 713 days later.
Mary Ellen Johnson's filed a lawsuit on November 4, 2010 and it will remain unresolved for 944 days by the time Whitey heads in for jury selection next week.
The cases obviously have nothing in common. But -- so much for speedy due process!
Both the State Appeals Court and the State's Supreme Judicial Court have ruled the District Court judge made an obvious error in dismissing the case and that Dr. Johnson's contract was never invalidated --- yet the Town is apparently still unwilling to resolve the case.
Instead of working to negotiate a reasonable settlement, the Town has allowed their insurance company's attorneys to drive the financial bus by wasting months of very expensive legal time filing inaccurate motions, and deposing former School Committee members for several hours each about topics that have had absolutely nothing to do with the case at hand.
This isn't fact-finding, this is retaliation.
Yes, I know, the Town has litigation insurance. The attorney is working for the insurance carrier -- not the Town, Does anyone seriously think that the insurance company will not recover the fortune they are paying out in legal fees by jacking up the Town's premiums? Does anyone think the eventual pay-out will get any smaller by delaying it? Even if the lawsuit outlives Dr. Johnson (who looks damn healthy!), I have no doubt her counsel will continue the suit on behalf of her estate -- if for no other reason than to recover the fees he's built up responding to the Insurance attorney!
So what's the point?
Regardless of posting process, constructive notice, or de minimus standards, the State Appeals Court, and later the State Supreme Judicial Court made it very clear that this stopped being an Open Meeting Law case 21 days after the contract was approved by one School Committee and not properly cancelled by a subsequent Committee. It's now a straight-forward contract case.
Like so many other issues in this Town, somebody needs to be willing to stand up, and do what needs to be done -- regardless of whether or not the decision is a popular one.
Dr. Canfield has done a good job at doing the right thing -- he's tackled the Community School, The Pool, The Lunch Ladies, and the Athletic Director issues and he has made it clear he will soon be resolving the school facilities usage issue. All tough issues -- but issues that needed to be resolved. Unfortunately, given the budgetary restrictions, and the magnitude of the dollars involved in this case, its unlikely he can do much to help this situation --- except maybe to extol the virtues of stepping up and doing The Right Thing --- and sharing his bottle of aspirin.
The 2010-2011 School Committee may have made this mess, but its going to be up to the 2013-2014 Board of Selectmen to clean it up.