Monday, May 17, 2010

Lost Opportunities

The BOS has really shown how the failure to act on opportunities during the course of a deal will cause that deal to crash and burn. As Mimi advocated, we cannot kick our "neighbors" when they are down. That is true.. but does not apply to business, and the deal with the Tribe was business. The BOS forgot that and, at least figuratively, nobody ever returned the blanket.

The attitude of Al Rullo and Marsha Brunelle that we have to wait and do nothing rather than push and enforce the agreement at every step has led to the BOS relieving us of any realistic opportunity of getting something out of the Tribe.

The time to start pushing was back when the Glenn Marshall issues came up. Then when Shawn Hendricks removed us from the mix in his letter to the Governor. Then there was the opportunity to demand a meeting with the Tribe under the Dispute Resolution provision (p. 16 of 21 of the IGA). That provision would have gotten us to the table with the Tribe within 10 days of the notice being issued -- as opposed to the 6 months this garbage with the Tribe has continued.

Well, if you ever need a group of people that can kill all possible opportunities in a deal through inaction and sloth, call the Middleborough BOS. Nice job guys and gals. Way to snatch defeat from the jaws of victory.

Anyone consider a suit against Fall River for tortious interference with known contractual relations? Just a thought which will probably also be overlooked.


Wally Glendye said...

With the land not being held in trust, the Tribe has always had a way out. In the Intergovenrmental Agreement on Page 14 states the following:

D. Independent Covenants; Severability.
The existence of any claim or cause of action of any party to this
Agreement (“First Party”) against the other party (“Second Party”), whether predicated
on this Agreement or otherwise, shall not constitute a defense to the enforcement by the
Second Party of the covenants and agreements of the First Party contained in this
Agreement. If any provision of this Agreement is held to be illegal, invalid, or
unenforceable under present or future laws effective during the term hereof, or by a
decision of the United States Secretary of Interior, Bureau of Indian Affairs or agency
charged with review of Agreements entered into with Indian Tribes, such provision shall
be fully severable and this Agreement shall be construed and enforced as if such illegal,
invalid, or unenforceable provision never comprised a part of this Agreement; and the
remaining provisions of this Agreement shall remain in full force and effect and shall not
be affected by the illegal, invalid, or unenforceable provision or by its severance
herefrom. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there
shall be added automatically as part of this Agreement, a provision as similar in its terms
to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid,
and enforceable.

Wally Glendye said...

Also on Page 18 the following would have allowed the Tribe to walk away months ago:

L. Effective Date and Term.
This Agreement shall become effective upon its execution by the Parties
hereto and shall continue during the period of time that business operations related to the
Project are conducted at the Project Site, provided that if the Tribe is informed by the
Secretary of the Interior that the United States will not take the land into trust for the
purposes of allowing the Tribe to conduct gaming activities thereon then this Agreement
shall terminate 30 days after all appeals related to such a decision have been exhausted

Anonymous said...

Very Nice. But when do we get to cancel the deal? Seems like a one way deal to me. Who negiated this deal anyway?


Mark Belanger said...

I think Middleboro's best play is the lawsuits is *may* file not the lawsuits it *will* file. Get some concessions from the State(Rt. 44) and the Tribe(the land) then get out of this as cleanly and as quickly as possible.

AMB said...

Look at the "kiss off" letter in the next blog. It is fascinating what we never get told as taxpayers.