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Nonfeasance

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not-my-real-name
(@not-my-real-name)
Posts: 1060
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A recent discussion with a local town clerk has led to much frustration.

I wrote to ask for records of town highway layouts, being flat files, maps, acceptances, minutes of selectmen... whatever. They act as if they don't know why or what I am asking.

After my explanation, they referred me to the assessor's office. Now I am sure nobody in the town has a clue of their responsibilities. They just get more stupider.

 
Posted : 21/08/2021 9:48 am
(@holy-cow)
Posts: 25292
 

Your level of expectation should vary with the size of the town, population-wise.?ÿ Every town in my home county would tell you to contact the County Courthouse and the various officials who might be able to point you towards various resources in their offices.?ÿ ?ÿ That would generally hold true across the State with the exception of about five places.?ÿ It is not THEIR JOB to do YOUR WORK for you.?ÿ Get out of your office and travel to the location to begin your search.?ÿ As a rule, anywhere within 500 miles of me, and a city under 50,000 population, the City Clerk is not going to be able to help you.?ÿ Where the City Clerk is of any help, that help will consist of giving you a list of names and contact information for several other parties who MIGHT be able to help you, if you walk into their office.

Now if you are speaking of a "TOWN" as recognized in certain parts of New England-------Never mind.?ÿ We'll leave that to responders from those small areas.

 
Posted : 21/08/2021 10:01 am
not-my-real-name
(@not-my-real-name)
Posts: 1060
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@holy-cow?ÿ

It's big for a town, but certainly not with a 50,000 population. However, in Massachusetts Law it is the responsibility of the Town Clerk to keep records, including those that I am searching. So, it is their job.

My previous project was completely the opposite. They had cataloged data for the year of acceptance, layout plans and records of monuments with the date of the last recovery. All for a highway that was laid out in 1872.

Here is an example of a recovered stone with the number carved in the top.

DSCF1642

?ÿ

Records of highway layouts are not usually recorded unless laid out by the state or sometimes the county. So, the if the town has jurisdiction then the records are there.

?ÿ

 
Posted : 21/08/2021 10:16 am
(@chris-bouffard)
Posts: 1440
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I practice in NJ and the towns are pretty much useless as a source of information, with the exception of maybe pulling some names from the tax records for deed research.?ÿ Most do not maintain an archive of even subdivision plans.?ÿ Pretty much everything you would need record wise is on file with the County Clerk.

 
Posted : 21/08/2021 10:40 am
(@jitterboogie)
Posts: 4275
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File?ÿ A Freedom of Information act and really get them in a frustrated mess.?ÿ Its time we start to hold people accountable, and fire the slacker non hacking skate by till my pension shiftless government worker bums.

Saying youre understaffed or cant find time is by definition malfeasance or nonfeasance or just tax payer money wasting.

 
Posted : 21/08/2021 10:41 am
 jpb
(@jpb)
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@jitterboogie?ÿ

The word free may be in the freedom of information act, but free it is not.

 
Posted : 21/08/2021 11:46 am
(@bill93)
Posts: 9834
 
Posted by: @jpb

Libre as apposed to gratis.

 
Posted : 21/08/2021 12:21 pm
(@aliquot)
Posts: 2318
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@jitterboogie?ÿ

Saying you are understaffed or can't fund time is malfeasance only if it's not true. When laws are passed giving someone the responsibility for something but the resources are not provided what do you expect the clerk to do? A prudent goverment employee will direct their insufficient resources to the things that will effect the most people in the biggest way.?ÿ

Jumping to the conclusion that someone is a slacker when their priorities don't coinside with yours is unlikely to result in a beneficial relationship.

That said, if after you fully understand the situation, the person is correctly labeled as slacker, let the flood gates open.?ÿ

 
Posted : 21/08/2021 2:24 pm
(@jitterboogie)
Posts: 4275
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@aliquot?ÿ

Fair enough. I've been back and forth from public and private. There are great people in both organizations.

However, when you're the principle government entity that is responsible for the well being of the tax payers(example from where I worked at the county) land owner etc, when you say we can't possible find the time to actually go and Inspect each individual case(example was an illegal transfer of title for a home that never was issued a CO yet had a TCO), shirking and avoiding the duties that are codified are not only obvious and apparent, but Intentional.

?ÿ

That probably doesn't sound like it applies in this circumstance though.

?ÿ

?ÿ

 
Posted : 21/08/2021 2:43 pm
not-my-real-name
(@not-my-real-name)
Posts: 1060
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Topic starter
 

@jpb?ÿ

A wet bird never flies at night.

 
Posted : 21/08/2021 3:03 pm
not-my-real-name
(@not-my-real-name)
Posts: 1060
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@aliquot?ÿ

These people are not understaffed. They are overweight.

The appointed or elected town officials have no qualifications other than winning a popularity contest.

I know the information is there because, in the past I have found such information.

Through the progression or succession of the office the knowledge is lost.?ÿ

 
Posted : 21/08/2021 3:09 pm
(@holy-cow)
Posts: 25292
 

The public officials have a duty only to store information and make it accessible.?ÿ ?ÿIt is not their duty to make that information available remotely nor to attempt to understand or interpret said information.?ÿ For survey-related information, that is the function of the licensed surveyor, not someone hired to cut line.

 
Posted : 21/08/2021 6:44 pm
(@jitterboogie)
Posts: 4275
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@holy-cow

?ÿ

hmmm

 
Posted : 21/08/2021 6:55 pm
(@nate-the-surveyor)
Posts: 10522
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I usually have to re find stuff, after an election year. And, the new clerk knows nothing. I just ask, look, explain, and eventually, one of us (me, or the new deputy clerk) finds it.

It's how it is. Bring em donuts when you go there. It'll help them be glad to see ya!

 
Posted : 21/08/2021 7:04 pm
not-my-real-name
(@not-my-real-name)
Posts: 1060
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Topic starter
 

@holy-cow?ÿ

When the town clerk claims no idea what the request is about or is passing the buck to another government employee, like the assessor or the highway department, who clearly knows nothing about this does not sound like accessibility to me. It sounds like ignorance, because it is ignorance.

Keeping and organizing information are two separate things. If I am keeping piles of paper in my office with no idea of the content that is just hoarding. These people are paid a healthy salary. It's time experienced people do this job, that, in the past has been done well.

I'm not averse to searching the records, but simply going through large piles of paper collected by one who "stores information" is a waste of my time and a waste of my client's time.?ÿ

I can help find information, but they need to be willing to cooperate.

 
Posted : 22/08/2021 5:52 am
not-my-real-name
(@not-my-real-name)
Posts: 1060
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Topic starter
 

@nate-the-surveyor?ÿ

I can find stuff if I am allowed to find stuff.?ÿ

If the new clerk knows nothing, then how did they get the job?

We have guide lines and a handbook for clerks in my state. I've read it.

They have enough donuts.

 
Posted : 22/08/2021 5:57 am
(@john-putnam)
Posts: 2150
Customer
 
Posted by: @not-my-real-name

If the new clerk knows nothing, then how did they get the job?

This is why these positions should be appointed and not elected.?ÿ Or at the very least there should be a layer of bureaucrats keeping things consistent.

 
Posted : 22/08/2021 6:34 am
(@holy-cow)
Posts: 25292
 

I am aware of a case where a completely ignorant person was elected to be a County Register of Deeds?ÿ She was in need of a job with benefits.?ÿ A friend told her to go to the Courthouse to see if there were any jobs available in any department.?ÿ There were no openings but she was told she could file to run for Register of Deeds as the 30+ year holder of the title was retiring.?ÿ She filed and ended up winning because she was well-known across the area.

 
Posted : 22/08/2021 7:00 am
(@mightymoe)
Posts: 9920
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Those kinda courthouses are tough. There is usually someone nearby in a title company or surveying office that knows the ins and outs. The clerk isn't always focused on the rare person digging into the unusual records.?ÿ

I sent some corner records in the form mandated by the state to one courthouse. They mailed them back saying I had the wrong county that township range didn't exist in their county. They file the corner records as Range/Township but the form is Township/Range.

New person.?ÿ

I hope.?ÿ

 
Posted : 22/08/2021 7:14 am
 jpb
(@jpb)
Posts: 88
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@mightymoe?ÿ

Is that the one where the corner record books are by range??ÿ They are all filled in the order by document number for that particular range.?ÿ Township be danged.?ÿ

?ÿ

 
Posted : 22/08/2021 9:16 am
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