FinCom Summons James Capaldo in Garbage Contract Investigation-June 26, 1974

Watchdog Panel Authorizes Full Charter Powers After Plumbing Inspector Walks Out of Hearing

James J. Capaldo previously alleged that the health board misused the public trust and taxpayer money last year when it awarded a lucrative $228,000, three-year municipal garbage collection contract. The Finance Commission (FinCom) instructed its specially appointed legal counsel, Attorney Douglas A. Randall of Quincy, to issue an official summons to James J. Capaldo to compel his testimony next Tuesday. The aggressive legal move was triggered after James J. Capaldo flatly refused to answer any questions and walked out of last night’s second hearing into the matter.

The controversy dates back to a meeting in January 1973, when the Health Board voted to award the 1973–1976 garbage contract to South Shore Disposal Co. of Abington for $228,000. The board justified its selection by citing the firm’s 24 years of satisfactory service to the town, despite the fact that a lower bid of $223,000 had been submitted by contractor Edward Reddish of Needham. At a town meeting on May 22, James J. Capaldo demanded an investigation into the bid award, pointing out a stark geographical cost disparity: under the contract, Norwood pays $24.50 annually for each individual garbage pickup, while neighboring Dedham, which utilizes the exact same contractor, pays only $11.30. The Health Board has fiercely denied all charges of misusing public funds, and subsequently requested a formal investigation to completely vindicate itself. Under the provisions of the town charter, the FinCom is fully empowered to investigate any official allegations regarding the misuse of public monies.

After delivering a brief statement at last night’s session, James J. Capaldo asserted that he had nothing to add to his initial town meeting remarks. He noted that he had already furnished a comprehensive fact sheet and other raw data to the town moderator and FinCom Chairman E. Peter Bamber. After being sworn in by FinCom member William C. Phipps, James J. Capaldo stated he was appearing voluntarily “only because I feel an obligation to do so as a town meeting member representing District 9”. He then explicitly questioned the commission’s trajectory, stating, “It is certainly not my responsibility to conduct investigations, nor to reach conclusions concerning the possible misuse of public funds. This is clearly a responsibility entrusted, by law, to other public officials”. He maintained it was unfair and unreasonable to expect him to assume investigatory or quasi-judicial duties, adding that he did not intend to expose himself to “possible harassment, ridicule and abuse for the reason that I merely felt it my obligation, as a public official, to bring this entire matter into public view for investigation, study and review”. He claimed his data remains readily accessible to investigators upon a “reasonable and prudent exploration of the facts,” and noted he did not wish to be drawn into a controversy involving personal friction or political overtones.

Following his abrupt departure, the FinCom passed a motion to utilize “all the powers afforded us by the town charter” to determine if the contract charges are valid or if the reputations of the health officials should be legally cleared. FinCom member Allan D. Howard emphasized that the inquiry hinges primarily on verifying the exact number of trash pickups across the municipality. “The main thing we hinge on is the number of pickups,” Allan D. Howard stated. “Once we know how many pickups there are in Norwood we can compare”. Joseph Nisby, the owner of South Shore Disposal Co., was unable to attend last night’s meeting but will be requested to provide detailed pickup and tonnage statistics next Tuesday night.

Meanwhile, Attorney Douglas A. Randall reported that his attempts to contact the low bidder, Edward Reddish, were unsuccessful as the contractor was not home. However, Douglas A. Randall noted that a preliminary review of the health board’s meeting minutes indicated the overall bidding procedure appeared proper, adding that Edward Reddish‘s bid was submitted improperly because it was not marked correctly on the outside of the envelope. The commission also heard testimony from Richard P. Gagnon, chairman of the town meeting members association, who presented three statistical sheets he received from James J. Capaldo. Douglas A. Randall identified the documents as duplications of three pages from the 1957 town report. Richard P. Gagnon clarified that an association subcommittee had previously reviewed the contract, but its report only noted that the expenditure exceeded the 1972 appropriation and suggested a review to see if the cost hike was justified. Richard P. Gagnon stated he had no reason to believe the board of health had acted in bad faith, and noted he was “at a loss to see” how James J. Capaldo had claimed the association conducted an in-depth study.

To keep the public informed, Richard W. Kief, a town meeting member from District 2, requested that all official investigation transcripts be made available for residents to read at town hall. Health Agent Bartley J. King objected, arguing that releasing incomplete transcripts mid-investigation would present a distorted picture to the community. As a compromise, the FinCom voted 3-1 to make the public stenographer’s transcripts available exclusively during active FinCom meetings. William C. Phipps cast the dissenting vote, arguing that restricting access solely to meeting windows was far too restrictive for general town residents.

Archival Note: This article has been dynamically reconstructed from the original public record print archives of the Patriot Ledger