Why Would or Should Anyone give up any chance to lawfully appeal?


I find it so interesting that some people or institutions who support Cawley are complaining about every move that the supporters of the High School downtown and School Committee are making even though it is all well within the law.

Using their argument, that the Downtown people shouldn’t follow every legal avenue available to them under the Law and just go away, I have a question.

Would you hire a Lawyer to defend you, your business, your kids, your property rights who would tell you from the beginning that it’s one and done, we lose no matter how flawed the process might be, no matter if Miranda wasn’t issued, no matter if the opposition didn’t present full and 100% inclusive information if we lose the case we are done and there is nothing more for you to do? Would an institution ask for public information and if was turned down or didn’t like the way it was redacted just shrug and walk away or follow every appeal process legally available?

I would not hire that Lawyer ! I want someone who has passion and wants to defend me and my family or business to the full extent that the law allows. Which is exactly what those who support the downtown location are doing, following the process allowed by law.

Would you let someone take your business without a fight? Many pro-Cawley people supported the Dentist Office and their hiring of former City Manager Cox to defend them. Why are the downtown supporters who are following exactly what the law allows ridiculed for doing what the Dentist did? Defend their position and in some cases their businesses and neighborhood. How many people supported the residents of Pawtucketville in their fight to stop the bladder dam and to this day support post against the bladder?

I seem to recall people fighting for the worth of their property when they built an access road for the then new Hilton hotel or against dismissal procedures from their job for one reason or another. Isn’t that the American way?

Should Institutions who request public information and are denied just walk away and mind their own business or should they appeal to get the full and correct information out by following the appeal process and procedures that allow them to request and receive that information?

Police Officers appeal suspensions regularly, should those that were punished by the City for a Bus incident then had their punishments either reversed or lessened on appeal just have accepted the City ruling and gone away? They didn’t think so and were rewarded for the strength of their convictions.

They had the right to the appeal process and to follow every legal remedy available and they did, so does the School Committee and Downtown supporters!

City workers sued / filed grievances against the City about the payment of overtime and they won. Should they have just accepted the Auditors understanding of the contract and gone away instead of following the appeal process available to them?

Teachers filed grievances over contract violations, should they just accept the initial ruling and walk away? The UTL didn’t with the last School Committee and kept advancing it and the last School Committee and Mayor fought against what they believed were unjust grievances. Should they have caved in?

The teachers believed they were in the right and after following all the allowed processes won the case. The former Mayor and School Committee fought for what they believed in and followed the process allowed to try to beat those grievances it cost the city $800,000 (not counting legal cost) but the former Mayor and School Committee followed or responded to every appeal process presented.

In an ideal world, a trial or vote decides an outcome equitably and fairly in accordance with the law. In most cases, this is exactly what happens, but occasionally, a judge, a police officer, a jury, a City Manager, City Council and City Solicitor for whatever reason, makes a serious mistake that results in the wrong decision.

I understand that Appeals are sometimes a long process, that can draw out an issue by as much as a six months to a year from the time of the judgment’s filing to the actual argument date. It is important to consider whether your reasons for appealing are truly valid and compelling or whether it is out of a desire to win.

I honestly believe that most of the Downtown supporters are fighting for their neighborhood just like the folks who fought against the initial placement of the McAuliffe School in Centraville or against the Charter School at the Rourke Bridge. Some like the owners of the pharmacy and Milan’s are doing what the Dentist did and are fighting for their businesses.

So before you keep Knocking the Save LHS crowd or Connie Martin and Jackie Doherty for pushing to clarify what their duties and responsibilities are, ask yourself, Would you hire a Lawyer to defend you, your business, your kids, your property rights who would tell you from the beginning that it’s one and done? If you lose, to bad no appeal? Would you file a request for information and if it wasn’t given would you follow the appeal process or just give up and walk away?

Are any laws being violated or are people following the law and processes in place? What are the pro-Cawley supporters really afraid of? That the Law may uncover processes not followed or that a majority of folks think the high school should stay downtown?

You can knock Jackie and Connie for being late with this motion, they should have filed in in January 2016 but it still within the time frame. You can knock the Save LHS group for the wording on the petition which seemingly eliminates the possibility of acquiring 75 Arcand Dr. and makes the choice either option 2 or a complete renovation but you shouldn’t knock someone who is doing everything they can which the law allows to defend their homes, neighborhood, business or their belief that the High School is better centrally located downtown for all students or that fiscally keeping it downtown is the better thing for the majority of the taxpayers and what the citizens can afford.

Would an institution appeal for public records and not appeal to the State if they are not supplied in full or to their liking? Are they willing to not follow every appeal process the law allows them ?

If candidates are so vocal in opposition to the Save LHS group or against the School Committee proceeding with defining their roles and responsibilities, I’m wondering if current City Council and School Committee candidates would take a pledge?

Would they be willing to pledge to not appeal ANY ruling that the City loses no matter what appeal process the Law allows or the cost to the City ?

If they don’t support people who are doing what the law allows now, why would they want to appeal a decision if it goes against them in the future? Ask the next candidate for office who complains about the downtown group or school committee if they would take that pledge.

I won’t take it! Just like I will not knock the groups trying to get signatures and I will support the School Committee taking a stand to get their duties and responsibilities clearly defined while following the legal pathways available to them.

That’s why I’m running for the School Committee, to advocate for the students, the taxpayers, the rights of a School Committee member and to ask the financial questions that need to be addressed.

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One thought on “Why Would or Should Anyone give up any chance to lawfully appeal?

  1. C R Krieger

    At some point we pass the point of no return and will end up with nothing.  Of course, if the Curriculum is good and the staff is good we can put the students in GP Medium Tents and they will do well. Better with new facilities, but still, good.
    Regards  —  Cliff

    Reply

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