Adam Hurtubise
City Clerk
Medford City Hall
85 George P. Hassett Drive
Medford, MA 02155
Medford, MA 02155
Dear Mr. City Clerk:
I demand an immediate investigation into the allegation of the city solicitor's violation of his oath of office.
See the lawsuit Demarest vs. Athol/Orange (link noted below) where the court found "the Release Form Provision constitutes a prior restraint." The definition of prior restraint is also enclosed as is a copy of the 2016 Oath of Office with the signature of one Mark E. Rumley.
It is obvious that Mr. Rumley's comments at the August meeting of the Cable Advisory Board, and the robotic agreement with those comments by unqualified board members Jay Campbell, Yvette Wilks, Gabby Follett-Sumney because of their lack of qualifications, (Mayor Muccini-Burke herself lacks the requisite knowledge to be "issuing authority") and new manager Patrick Gordon, blindly crushing and fracturing the First Amendment under the powerful Mark Rumley's ill-advised demands, DENY cable TV ratepayers, residents, civic groups and businesses the full and free opportunity to criticize the government (or bake cookies if they so choose) without government spying and interference with a CORI check demand not asked of other individuals - perhaps a police officer leaving a magazine clip at the high school, or individuals who rent the high school with no CORI check requirement, or parents who walk in and out of the school to get their children, or janitors, or anyone else except for producers who have never had true access television in the city of Medford since this city instituted what retired judge Marie O. Jackson-Thompson noted in her report something that she considered "private" "MCC access."
Noted producer Joseph Fortunato had dubbed MCC "private public access" years before this city paid Judge Jackson-Thompson $3900.00 to tell us what we already knew in a report Mayor McGlynn quickly disposed of in the circular file when he met with the now-deposed 501c3 leaders, Frank Pilleri - who resigned from handling the access channel after this writer's investigation (see document attached)
and Gxxxx Zxxxx, twice arrested within a year for allegations of a false bomb threat and for giving alcohol to a 16 year old in some bizarre alleged "sleepover" in Provincetown. Mayor McGlynn decided to meet with those two individuals at TV3 rather than meet with the public to discuss the limits on free speech that McGlynn himself and Mark E. Rumley instituted.
In December of 2007, though I had warned Mark Rumley that the election that Rumley PROMISED the residents of Medford for a new 501c3 board of directors would never happen, a "confidential informant" at the time, whose name I can now disclose, a xxxx xxxxx, informed me that Pilleri intended to shut down the election for a new board (xxxx was a business partner of a board member of MCC disgruntled when he applied for the position of webmaster which ended up going to a board member or former board member, Mr. Zxxxxxx. (REDACTED)....though I never saw Mr. Rumley address this in his vaunted and woefully inadequate Rumley Report, which followed my original report requested and delivered to Mayor Michael J. McGlynn - see Boston Globe article on my meeting with McGlynn circa 2006 )
Mr. Rumley lied about adhering to the First Amendment to a retired judge in Alden Chambers, on or about Nov 16, 2008, which is conduct unbecoming of a 17-year city lawyer. That quote is also attached to this e mail. With the CORI check, a slap in the face to the retired judge that Rumley lied to, and the court ruling in Demarest vs. Athol/Orange, a full investigation into Rumley's anti-First Amendment actions is demanded.
Mark Rumley has caused irreparable harm to Medford History with his cockamamie reading of the agreement the Medford Library has in the question of having the access station at the library, a location which would comply with the decision by McGlynn's tribunal of Allison Goldsberry, Rev. George "Chip" Hines and MWRA executive Frederick
Laskey - who decided a central location was the preferred choice. McGlynn, instead, seems to have decided on his own to put the access station at the high school so that the school could, ostensibly, "double dip" and take the Public monies from the P/E/G (Public, Educational, Governmental) side of things, the public be damned, while approximately 200k of the monies would go to paying 3 teachers (Dempsey, Dunphy and Goldsberry) with about six hundred thousand or so additional funds going in to "the general fund," leaving access TV with zero dollars, the access monies, a tiny fraction of the full million dollars or so, funding the Governmental and Educational sides of things, the Access side being a dog and pony show with individuals from the disgraced MCC (losing license and being currently investigated by "law enforcement" at the Attorney General's division of Public Charities) - Paul Gerety on the Chapter 74 board (former MCC TV3 board member, the Chapter 74 board was found by the AG's office to have violated the Open Meeting Law after my investigation; isn't that the entity that played with the 700k or so that my shutting down TV3 saved the city?) known elder basher Arthur Alan Deluca - still under investigation by the AG's office as a board member of TV3, Steve Bertorelli, and star of the August 2018 cable advisory board meeting Mr. Rumley himself, those four individuals from the dark past of MCC TV3 appear to have more power at the station than the residents Rumley demands CORI checks from!
Mr. Rumley's egregious actions have caused IRREPARABLE HARM to the history of Medford, sports, cooking shows, political speech, chilled by Rumley's fraudulent and unfounded demand for a CORI check on residents.
Irreparable harm is a legal concept whch argues that the type of harm threatened cannot be corrected through monetary compensation or conditions cannot be put back the way they were.
Mr. Rumley IMPLICATED new School Superintendent Marice Edouard-Vincent at the Cable Advisory hearing saying that she is going along with the fraudulent limits to free speech that the CORI check puts on unsuspecting residents being spied on by city hall before they even put a show on the air! Muccini-Burke is terrified of criticism and "wags the dog" of the local media, for obvious reasons we won't get into here. But it has to do with sex crimes at the high school. See the rape convictions of Tarabelsi, Lau and the retirement of a teacher of two for more details.
They want CORI checks on residents when they had rapists at the high school, former superintendent Belson telling new media hire Krissy Fraser "Joe thinks that I hide sexual predators at the high school." Martha Coakley's scathing report on Belson and the gun clip episode, and the rape convictions, make it clear that this reporter, this journalist, was right about Belson, though I never thought he was hiding the predators: they were out there in plain sight.
REMOVE RUMLEY FOR CENSORSHIP, IRREPARABLE HARM
The Cable TV "release form" limits speech. It is designed to scare away access TV producers, especially candidates running for elected office, which Paul J. Donato noted in the Medford Transcript is "the most protected right." Rumley plays fast and loose with the law in an unseemly manner. This allows the mayor to pry into the backgrounds of those she considers "opponents" and gives Muccini-Burke an unfair advantage come election time.
FOR IMMEDIATE RELEASE
Attached is Mark Rumley "solemnly" swearing to uphold the First Amendment to the U.S. Constitution, laws of the Commonwealth and Medford's ordinances.
Before you read the evidence against Mark E. Rumley, see what a judge had to say in Demarest vs. Athol / Orange, specifically regarding indemnification agreements, of which Medford's now requires a CORI check along with the anti-free speech mumbo jumbo that new station manager Patrick Gordon and the inefficient cable advisory board of Yvette Wilks, G. Follett-Sumney and Jay Campbell all uphold with no regard for the fact that they are violating the law.
pri·or re·straint
noun
- LAWjudicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.
DEMAREST VS ATHOL/ORANGE INDICATES THAT IT DOES, ACCORDING TO MY UNDERSTANDING OF THE JUDGE'S RULING
[7] It should be noted that the plaintiffs make a very plausible argument that the Release Form Provision constitutes a prior restraint.
Mark Rumley's fol·ly
ˈfälē/
noun
- 1.lack of good sense; foolishness."an act of sheer folly"
- 2.a costly ornamental building with no practical purpose, especially a tower or mock-Gothic ruin built in a large garden or park.
MARK RUMLEY'S INDECENT ATTACKS ON FREE EXPRESSION, LIMITING SPEECH IN MEDFORD, IS A CAUSE FOR THE 17 YEAR MEDFORD ATTORNEY TO BE REMOVED FROM CITY HALL FOR ALLEGEDLY VIOLATING HIS OATH OF OFFICE due to Mark E. Rumley's violation of the U.S. Constitution that he swore to uphold and protect.
This writer submits that Rumley has violated his oath - and the law - with impunity when he:
a)reneged on his highly conflicted investigation of the board of directors of Medford Community Cablevision, Inc. How does a former board member investigate the very board that he voted along with on its misconduct, give that board an extension to find out about their admitted "sloppy bookkeeping" (MCC Vice President Ron Delucia fessed up to the city council that they were "guilty of sloppy bookkeeping." Delucia attempted to retract that statement some time later at the council but it was too late.
b)Rumley told this writer in his office that he, Mark E. Rumley, created the absurd CORI check of access TV producers. Are the people who rent out Medford High school required to have a CORI check? This is Rumley attempting to limit speech in Medford
Mr. Rumley does this in a malicious and self-serving way to the detriment of the public dealing with a mayor who is drunk with power, who lies on the campaign trail ("free" parking for seniors was her promise; charging seniors on a limited income to pay to park was the result, a dishonest mayor)
City Solicitor Mark E. Rumley / Medford Daily Mercury on or about Nov. 16, 2008 (quoted from the 2nd Judge Jackson-Thompson hearing) saying:
“The one sentiment that I have heard that I take great exception to is that the city is trying to limit speech,” said Rumley. “The notion the city would censor or squelch free speech is baseless and as city solicitor I would find any such effort repugnant.”
Mark Rumley's actions are repugnant.
I demand a full investigation into the city solicitor's actions and request
that the mayor and city clerk SUSPEND Rumley without pay until that investigation is completed.
I also demand the suspension of the new TV station manager and the cable advisory board for irreparable harm they have caused by complying with Rumley's violation of the First Amendment and the Demarest vs Athol/Orange case, and their inability to put access on the air immediately for all residents, businesses and civic groups.
A Class Action suit could be the remedy if the new City Clerk decides not to do what the mayor won't - but is required - to do: remove Mark Rumley from office.
Thank you
Joe Viglione
Veteran access producer
First show, Somerville, 1979
