Framingham Board of Selectmen, (left to right) Laurie Lee, Charlie Sisitsky, Jason Smith, Ginger Esty and Dennis Giombetti.

FRAMINGHAM, MA - In an updated agenda that was published late Friday afternoon, the Framingham Board of Selectman, (BOS), have decided to meet earlier than usual for a closed-door executive session on Tuesday November 8th, 2011.

In the agenda the selectmen have announced they will meet at 5:30pm, (in the Nevins Conference Room of the Memorial Building), and as their first order of business have listed the following item:

1). Discussion Regarding Investigation of Building Commissioner per M.G.L. Ch. 30A, Sec. 21(a)(1) and 30A, Sec. 21(a)(5).

Framingham Building Commissioner Michael Foley was placed on administrative leave (with pay) last week after allegations of padding expense reports, playing golf on work days, not showing up for work and giving friends and associates thousands of dollars worth of discounts on building permit fees were unveiled.

Town Meeting Member George Lewis, (Precinct 18 Chair), has also made allegations that Foley denied him access to public records, illegally barred Lewis from entering the Building Department office, made disparaging remarks about Lewis to others, and in one instance threatened Lewis with bodily harm.

The sections of Massachusetts General Laws, ("M.G.L."), cited in the Selectman's Meeting agenda item address administration of the government and more specifically when and why public bodies may meet in closed-door executive session and pertain to discussing "the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual."

By law, Foley had to be notified in writing at least 48 hours prior to this meeting.  In addition, the laws cited give Foley the right to request the meeting be public instead of private if he chooses, give Foley the right to be represented by an attorney at the meeting, the right to speak on his own behalf, and his right to pay for and create an independent record of the meeting.

M.G.L. Ch. 30A, Sec. 21(a)(5), gives the BOS the right, (or duty), "to investigate charges of criminal misconduct or to consider the filing of criminal complaints."

A WBZ-TV4 I-TEAM report by investigative reporter Joe Shortsleeve chronicled many of the allegations.  The I-TEAM is following the case, and is now reporting that so many complaints against Foley have come in since their report aired that the Town is considering hiring an independent outside contractor to investigate.

In the same closed-door executive session the BOS will also discuss two pending lawsuits against the Town:

• SB General Contracting v. Town of Framingham

• Verizon Corporation v. Defelice Contracting and Town of Framingham

Following the executive session, the BOS will hold a public meeting beginning at 7:00pm, (in the Ablondi Room of the Memorial Building).

Items on the public meeting agenda include:

The Memorial Building, (which houses Framingham Town Hall and many of its government offices), is located 150 Concord Street, in Downtown Framingham, MA.

A complete official copy of the updated agenda for the November 8, 2011 Board of Selectman meeting can be viewed and downloaded at: http://www.framinghamma.org/weblink8/0/doc/19121/Page1.aspx

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