BUCKLEY ALERTS DUNSBY TO MAGNITUDE OF IMPENDING CHANGES
As reported in a Decemebr 19, 2013 Easton Courier article outgoing Easton Town Clerk Derek Buckley alerted First Selectman Adam Dunsby of impending changes in the Town Clerk’s office:
First Selectman Adam W. Dunsby may not understand the magnitude of the “impending change in the town clerk’s office” when outgoing Town Clerk Derek Buckley’s duties end.
That’s because Mr. Buckley said he developed the software that contains the town’s data storage “on my own time,” and “allowed the town of Easton to use it at no cost to the town during the years I served as town clerk,” he wrote in a letter to Mr. Dunsby dated Dec. 16.
“I am bringing this matter to your attention at this time since I am very concerned that you do not comprehend the magnitude of the impending change,” he wrote.
The full text of the Courier article can be accessed by clicking on this link: http://www.eastoncourier.com/8039/buckley-alerts-dunsby-to-magnitude-of-impending-change/
as reported in the Easton Courier, First Selectman Adam Dunsby reponded to Mr. Buckley’s letter as follows:
At our meeting on Wednesday you requested that I put my requests into writing so that you could pass them on to your attorney. After consulting with the Board of Selectmen (BoS) at our Dec. 19 meeting, I am doing that. Please understand that my primary concerns are the smooth transition of the town clerk position and the continued functioning of the town clerk office itself.
Your letter of Dec. 16, speaks primarily of software and hardware, which you refer to as “my hardware and software programs.” Note, I will use the term “software” but point out that I don’t know the nature of this software, since you have heretofore declined to show or explain it to any town official.
You state that at their Oct. 3, 2002 meeting, the BoS allowed you to retain ownership rights of your software. The minutes to that meeting support that claim.
You state that the continued use of the software by the town is linked to your employment as town clerk. This claim is false. The same minutes to the Oct. 3, meeting (your only written support for you claim to ownership) state “. . . which software, hardware, and intellectual property he will make available for use to the town of Easton without charge . . .” There exists nothing which conditions this statement on your employment by the town as town clerk. Therefore, the town has a permanent right to use this software at no cost. Further, since there exists no executed agreement, the town asserts that standard software licensing terms will hold, including servicing and standard updates, provided by you, any company holding the rights to the software, and any successor company.
You state that certain hardware is yours and imply that the town has no right to use it. As with the software, no town official other than yourself knows what hardware, if any, you are referring to. In any case, as a starting point, please provide me with a list of any hardware you assert to be your personal property and documentation to support this assertion. Given your statement that you will “remove” hardware, I feel obligated to make it clear to you that, as would be the case with any town office, the taking of equipment from a town office will be interpreted as the taking of town property. (For clarity, the Easton Senior Center is a town office. Donations to the Senior Center are town property.)
Furthermore, the minutes of the Oct. 3, 2002 meeting state “. . . which software, hardware, and intellectual property he will make available for use to the town of Easton without charge . . .” Therefore, irrespective of initial ownership, the town has a permanent right to use the hardware. I note that the minutes state that you are able “test the software” in your office. This is valuable consideration provided to you by the town.
The next issue is the location and accessibility of town land records. As has been discussed at multiple BoS meetings, in the media, by the public, and by the town’s auditors no town official but you has access to the complete underlying digitized town land records or even knows where they are. You have treated this access as a personal privilege of your office. You must provide to the town access to these records (maps, etc.), provide instruction on how to access these records, and provide the records themselves. This must happen prior to your leaving office. I will certainly work with you to do this in an efficient manner that best serves the town.
Finally, I note that you have agreed to meet with Christine Halloran to familiarize her with the town clerk office. I appreciate you doing this.