for the benefit of johnny columbus!

Message from Town Administrator Bob Markel

The Department of Revenue has always discouraged the use of free cash to balance the budget. Bond rating agencies do the same, and the low bond rating for the Town reflects, in part, the lavish use of free cash to fund the operating budget. However, this is not illegal; it is simply unsound financial policy.

The amount of free cash available changes yearly, and it is not predictable. Free cash is considered one-time revenue, and the Department of Revenues recommends that it used to augment the Stabilization Fund (reserves) or for one-time purchases like capital items.

Audit firms do not do a thorough job of auditing the books (unfortunately). They come and test various areas of the town’s finances to see if there are problems, but some problems are not caught and can persist for years. They tell you up front that they cannot do a thorough audit for the relatively modest amount they charge. The DOR representative at today’s meeting called the standard municipal audit a “hit and run” audit. Still, some firms are more reputable and more competent than others. I cannot name names in this message, but there are several firms that I would never hire.

Recommendation: The Selectboard should create an Audit Committee of knowledgeable citizens who will have two responsibilities: 1) Bid the audit contract every three years, and hire an independent auditor; and 2) Receive the annual audit and do a public review of the findings and the management letter. Municipal auditors are typically hired by the Town Administrator, Town Accountant or Finance Director. This is an inherent conflict of interest since town officials who do the hiring are the ones whose work is being audited. Hiring and receiving the audit should be an arm’s length transaction from the Town’s financial team.

The Department of Revenue oversees 351 cities and towns in the Commonwealth. They accept data provided by the Town Accountant, the Treasurer/Collector and the Assessors. They often question the data, but they are not always able to verify if data submitted on the Tax Recap or Schedule A are accurate. The DOR does not have access to the town’s accounting system. For example, the DOR was in Templeton today to question whether the Town has properly reported debt obligations on the DE-1 section of Schedule A. Some debt is paid from general revenue within the town budget and some debt is paid through debt exclusion. There is a correct way to report these two types of debt on Schedule A. The DOR representatives checked to see if the Town reported the data correctly, but they are limited in their ability to verify the accuracy of the data.

The long term solution to Templeton’s financial problems is to hire a professional Town Administrator who will put in place a competent financial management team – Accountant, Treasurer, Collector and Assessors. The Selectmen and Advisory Board have the responsibly to oversee the T.A. and the financial team on their management of the Town’s finances. To complement the BoS and Advisory Board, the Audit Committee should retain a reputable accounting firm to conduct an annual audit with the results made public.

Bob Markel
Interim Town Administrator

posted by Jeff Bennett

Templeton tax recap sheet for FY2017 is now posted on the DLS website, under the gateway tab.

The thing is on the recap sheet, it shows estimated motor vehicle receipts estimated as $1,000,000.00. On the document handed out at town meeting, it shows estimated excise tax receipts as $1,110,000.00. It also shows projected local receipts as $2,887,513.00 on the town meeting document and on the tax recap sheet, it shows estimated FY 2017 receipts of $2,640,943.00. The question is, what number was used to project what the tax rate needed to be to raise enough money to cover the appropriations at Town meeting? Why do the numbers not match what was presented at town meeting?

posted by Jeff Bennett

This information is available in 2015 Annual Town Report - selectmen should read it, especially john columbus. It is a report from the Advisory Committee. So the reserve fund has been used in recent times.

	Date	Advisory Expense	Reserve Fund
Starting Balance	7/3/2014	$400.00	$50,000.00
ATFC annual dues	8/6/2014	$176.00
Gardner news	8/6/2014	$  57.88
Gardner News/pre-town	11/6/2014	$  57.88
Reserve fund request	11/24/2014		$15,000.00
Reserve fund request	4/15/2015		$   5,000.00
Gardner News/pre-town	7/23/2015	$57.88
Reserve fund ATM transfer
To unemployment  Insurance			$27,000.00
Ending Balance		$50.36	$3,000.00

posted by Jeff Bennett

Town Meeting Times is an interesting read, well for some people perhaps.

Within the third edition, there is a line about making a negative main motion. It states that the preferred practice when no one makes a motion under an article is for selectmen or chair of finance committee (advisory committee) to make a negative main motion. See, there are uses for the Advisory Committee, no matter what john columbus thinks or says.

Town meeting times is the guide book for Templeton town meetings as well as many other communities. Town Meeting Times is on my winter reading list.

posted by Jeff Bennett

Looking at the contract between the Town of Templeton and local 39 public employees union, July 1, 2016 -June 30, 2019. Part of the cost of one employee of the highway department emerges:

page 22 - uniform and boot allowance. The Town (taxpayers) will provide each highway department employee (and sewer employee) 11 cotton uniforms along with coats and taxpayers will pay 100% of the cost, to include cleaning and mending. Taxpayers will also buy 5 Tee shirts for July and August and the taxpayers will also purchase for each employee either one insulated jacket or one pair of insulated coveralls per year. Taxpayers will also make available water-proof boots, gloves, rain gear and safety equipment. Each employee bears personal responsibility for said items. If any of the above mentioned items are torn or damaged in the line of work, taxpayers will replace same.

Boot allowance; The Town (taxpayers) will reimburse each full time union employee an amount of $250.00 per year for work boots upon presentation of a receipt.  Effective July 1, 2018, the boot allowance will increase to $300.00 per year.

Safety glasses; Taxpayers will reimburse each full time union employee up to $165.00 per year for prescription safety glasses with a receipt for same.

The contract in it's entirety is on the Town website, under board of selectmen, contracts and agreements. To make up for the fraudulent expense document presented at town meeting, selectmen want to do away with a janitor/cleaning position at the library but at the same time, they give away the kitchen sink to the union. Pretty poor bargaining skills, in my opinion, on the part of the selectmen. we really do need to explore an underride so that the selectmen have less of your money to give away, in my opinion.


posted by Jeff Bennett

A possible path for Templeton residents - reduce the amount of money selectmen have to play with, seeing how they cannot handle the amount they now have, perhaps with less to play with will make their task easier!

What is an Underride?
       Proposition 21 ⁄2 allows a community to reduce its levy limit by passing an underride. When an underride is passed, the levy limit for the year is calculated by subtracting the amount of the underride. The underride results in a permanent decrease in the levy limit of a community because it reduces the base upon which levy limits are calculated for future years. A majority vote of a community’s selectmen, or town or city council (with the mayor’s approval if required by law) allows an underride question to be placed on the ballot. An underride question may also be placed on the ballot by the people using a local initiative procedure, if one is provided by law. Underride questions must state a dollar amount and require a majority vote of approval by the electorate.


posted by Jeff Bennett

So the selectmen think making the chief of police head of police, dispatch the new jail and fire is going to save some money? Does anyone remember the sales pitch for combining light with water? What happened there?

Back in 2000, taxpayers paid Harry Aldrich about $65,000.00 per year to supervise highway, water and sewer. Now, taxpayers pay Bud Chase about $63,000.00 per year for just highway. A water superintendent makes about $90,000.00 per year and the sewer superintendent makes about $70,000.00 (from the FY 2014 annual town report) there is no report of the treasurer or accountant in FY 2015 annual town report. So, you now pay about the same for the highway super as you paid for three departments, how did that merger work out for you? It did work out for one individual's retirement plan.  Where is that updated annual town report, per instruction by town meeting? Now that is an insult to democracy, thank you John Columbus. What about the fraud perpetrated by this current board of selectmen by telling the people of Templeton that everything financially was/is fine, we have all positions back, we have raised position pay to maintain qualified people in place and the FY 2017 expense spread sheet is balanced and proper. They told everyone the treasurer/collector would be certified by this past August. All have turned out to be lies - fraud, a fraudulent board of selectmen - in my opinion. In my opinion, the biggest fraud case presented to Templeton in recent memory was the fact that Templeton is on solid financial ground, the cost for an elementary school is $1.74 per thousand and we have coming free cash of about $750,000.00. Suddenly, after the school vote passes, "there is a shortfall in FY2013 that is eye-popping" Now we have a $200,000.00 shortfall in a previously stated balanced proper budget, so called. Again, it appears it was all a scam, just to get a yes vote on the school. Time for a recall of the budget, selectmen and the school vote, reduce the appropriation from 47 million down to 5 million. That is my opinion! And it is authorized Johnny boy.




posted by Jeff Bennett

another past public record email.

Remember, the selectmen budget is ok! . . . except for that little $200,000.00 shortfall.

gordongmoore@yahoo.com

To  Robert Markel,   Mark Barrieau  and 5 others

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I have spoken with the town administrator.

Our budget numbers work. There was a summing error in one of the codes. He has told me he is fixing it and we should have correct print outs. 

Gordon

Sent from my BlackBerry 10 smartphone.

Robert Markel

To  Mark Barrieau,   Bev Bartolomeo  and 5 others

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No.  Selectmen budget is OK.  It seems that TAB budget is off because the new growth figure was reduced from $80,000 to $50,000 and the Veterans Benefits account was raised from $30,000 to $95,000.

Bob

Robert T. Markel
Interim Town Administrator
Town of Templeton
160 Patriots Road
East Templeton, MA 01438
(978)894-2753

On May 13, 2016 at 3:14 PM gordongmoore@yahoo.com wrote: Is the selectman also off? Did the revenue numbers change‎? Sent from my BlackBerry 10 smartphone. From: Robert Markel Sent: Friday, May 13, 2016 3:01 PM To: Barrieau, Mark; Bartolomeo, Bev; Fulton, Katharine; Greene, Michael; jpb01468; Moore,…

posted by Jeff Bennett

email from Bob Markel on May 13, 2016 - one day before annual town meeting.

I was about to print the FY'17 budget with Advisory Committee recommendations.  Decided to check all formulas and found that the TAB budget recommendation is $19K over.  

Recommend that you convene tomorrow and vote changes.  The Selectmen are going to vote the change that I implemented with regard to the Veterans Services budget, although they have already approved the changes.  

Bob

Robert T. Markel
Interim Town Administrator
Town of Templeton
160 Patriots Road
East Templeton, MA 01438
(978)894-2753

posted by Jeff Bennett

What selectmen knew then . . .and John Columbus stated they were/are solving issues.


From: Robert Markel <townadministrator@templeton1.org>
To: Brooks, Diane, Columbus, John, John Caplis <selectmen.caplis@templeton1.org>, Morrison, Doug, Richard, Julie
Date: May 12, 2016 at 11:20 AM
Subject: Advisory Committee Recommendations

The proposed operating budget for Fiscal 2017 with Advisory Committee recommendations is attached.  

Their approach is based upon a reduction in expected revenue from New Growth.  For Fiscal 2016, new growth brought in an additional $94,000.  In the prior year, it was $69,000.  

I estimated new growth producing an additional $80,000 in revenue for FY'17.  Thought that this was a conservative estimate, below the current year, in an economy that is doing better.  The Advisory Committee cut the expected new growth revenue to $50,000, and they reduce the Town Administrator salary to $52,000 from $80,000 and they reduce the line item for wage and salary adjustments from $35,000 to $12,000 while giving a raise to the Deputy Assessor, the only Town employee given a raise directly in the budget of the Advisory Committee.  

Assessors are always ultra-conservative about estimating new growth.  Have never encountered Assessors who do it differently.  If our Assessors stand up at Town Meeting and support the lower number, the ATM will likely go along with Advisory Committee recommendations.  Singling out their Deputy Assessor for a raise will likely increase the pressure on the Assessors to support the AC new growth figure.

The BoS and I have supported a higher salary for the Deputy Assessor during the past year.  Her salary in FY'15 was $43K.  She was given two increases in FY'16 that brought her salary to $54K, and she was given an additional $2K in t our FY'17 budget.  Luanne is an excellent employee and she deserves a good salary.  I question why a $12K increase over two fiscal years is inadequate.  Is the AC attempting to influence the Assessors to support for their view of new growth?

I had $25,000 in the Selectmen's budget for raises for non-unionized employees.  It was raised to $35,000 in case we need to increase the Fire Chief's salary during recruitment.  The current Chief is paid $64K.  I put $70K in the FY'17 budget and an additional $10 buried in the BoS budget in case we need it.  

Also, the BoS has said that they want to recruit a permanent T.A. during Fiscal '17.  Why reduce the T.A. salary in the budget when it will have to be raised back to $80K or beyond during recruitment?

Kelli said that Jeff Bennett prevailed upon the AC to raise the budget for Veterans Benefits to $95K.  Not sure why.  AC supports the revolving fund which will use state reimbursements to fund Veterans Benefits.

Rm

posted by Jeff Bennett

Article II of Templeton General By-Laws; Town Meeting.

Section 6. All articles in any warrant for a town meeting shall be referred to the Advisory Committee for its consideration. The Selectmen after drawing any such warrant shall transmit immediately a copy thereof to the chairman of said committee. A public hearing shall be held, upon all such articles, unless a public hearing by some other tribunal is required by law, and a notice of such hearing shall be given by inserting in the local newspaper. Said committee shall, after due consideration of the subject matter of such articles, report thereon to the town meeting, in writing, such recommendations as it deems best for the interests of the town and its citizens. Copies of the report of the Advisory Committee shall be made available to the voters at least two days before town meetings and at all town meetings.

Section 17. The most current issue of TOWN MEETING TIME is to be considered the general guideline for all procedures of town meetings, except those procedures already provided for by the by-laws.

I believe the Templeton by-laws allow for the Advisory Committee to put it's recommendations on a table (s) outside of Town meeting hall, as in before you sign in and enter Town Meeting, where the Moderator presides, not outside of Town Meeting. Also people are free to bring into town meeting said recommendations to have has reference material when a vote or discussion comes up. Any interference in this practice seems to be a violation of town by-law and an infringement on democracy, in my opinion. Perhaps that needs to be asked of a municipal lawyer and/or the Secretary of the Commonwealth.

posted by Jeff Bennett

Massachusetts General law - powers of the moderator

Section 15. The moderator shall preside and regulate the proceedings, decide all questions of order, and make public declaration of all votes, and may administer in open meeting the oath of office to any town officer chosen thereat. If a vote so declared is immediately questioned by seven or more voters, he shall verify it by polling the voters or by dividing the meeting unless the town has by a previous order or by-law provided another method. If a two thirds, four fifths or nine tenths vote of a town meeting is required by statute, the count shall be taken, and the vote shall be recorded in the records by the clerk; provided, however, that a town may decide by by-law or vote not to take a count and record the vote if a two-thirds vote of a town meeting is required by statute; and provided, further, that if the vote is unanimous, a count need not be taken, and the clerk shall record the vote as unanimous.

A town may pass by-laws, subject to this section, for the regulation of the proceedings at town meetings. Such by-laws shall be approved and published in the manner prescribed by section thirty-two of chapter forty.

In any town having a representative town meeting form of government the town meeting members shall not use the secret ballot when voting in the exercise of the corporate powers of said town or on any motion unless two thirds of the town meeting members present and voting thereon vote that a secret ballot be used.

Section 17. No person shall address a town meeting without leave of the moderator, and all persons shall, at the request of the moderator, be silent. If a person, after warning from the moderator, persists in disorderly behavior, the moderator may order him to withdraw from the meeting, and, if he does not withdraw, may order a constable or any other person to remove him and confine him in some convenient place until the meeting is adjourned.

Section 18. The moderator shall receive the vote of any person whose name is on the voting list or who presents a proper certificate from the registrars of voters.

posted by Jeff Bennett

At tonight's selectmen workshop, John Columbus blamed the Advisory Committee for their financial problem and the fact that a majority of town meeting attendees did not vote for an article the selectmen proposed; to take $87,500.00 out of the Town's stabilization fund to cover the selectmen screw up. A financial mistake, misstep, error or problem is not new for Templeton, but as the chairman of the board of selectmen when the FY 2017 expense spread sheet was prepared for presentation to town meeting, John Columbus has to own that one. The Advisory Committee has seven members, so even if we all raised both hands, we could not make that vote happen, the people did that. He also made a comment about some unauthorized information at town meeting and I plan on asking for an explanation of that remark. I heard a $200,000.00 shortage for 2017 and I will ask for clarification on that too.

posted by Jeff Bennett

More "where the money comes from?"

So, Templeton has a projected ability to raise $9,639,288.00 by way of real and personal property taxes and debt exclusions.

From the Mass.gov webpage, under state aid for Templeton:

notice to Assessors of estimated receipts:

Unrestricted general aid of      $1,340,791.00
Veterans benefits of                    120,318.00
Exemption of VBS & elderly          62,775.00
State owned land                        110,786.00
public libraries                              11,309.00

Total estimated receipts           $1,654,235.00


notice to Assessors of estimated charges:

air  pollution                                  $ 1,969.00
RMV non renewal surcharge           11,700.00
regional transit                               49,652.00

Total                                             63,321.00


Receipts of     $1,654,235.00
Charges of            63,321.00

net receipts     $1,590,914.00

Figures presented at annual town meeting by selectmen:
State aid          $1,599,038.00
charges                 56,700.00

posted by Jeff Bennett

from the Massachusetts Municipal Association web page:

Voters in 11 communities, including the city of Boston, approved Community Preservation Act proposals on Nov. 8, while voters defeated CPA proposals in five communities.
 
CPA questions passed in Billerica, Boston, Chelsea, Holyoke, Hull, Norwood, Pittsfield, Rockland, Springfield, Watertown and Wrentham – the largest number of municipalities to adopt the CPA on a single election date. Measures were defeated in Amesbury, Danvers, East Bridgewater, Palmer and South Hadley.
 
Nearly half of the cities and towns in Massachusetts (172) have adopted the program.
 
The Community Preservation Act, passed in 2000, allows participating municipalities to place a surcharge of up to 3 percent on real property in order to create a local dedicated fund for the four allowable CPA purposes: open space preservation, historic preservation, outdoor recreation and affordable housing. Communities that have adopted the CPA receive annual distributions from the state’s Community Preservation Trust Fund.
 
The adoption of the CPA by additional municipalities will put additional strain on the matching funds provided by the state. On Nov. 16, the Department of Revenue announced that the state match rate for Round 1 this year will be 20.6 percent, the lowest in the program’s history.
 
From 2002 to 2007, the state matched 100 percent of the local revenue raised through CPA surcharges. The state match has dropped since then, hitting 26.6 percent in 2011. A state law change in 2012 added additional revenue to the CPA Trust Fund, raising the match to 52.2 percent, but increased adoption in recent years has meant that the fund is divided among more communities, reducing the match percentage.
 
The cities and towns that adopted the CPA on Nov. 8 won’t begin collecting a state match until 2018.

posted by Jeff Bennett

I regularly see one comment on several blogs and hear the same at some meetings; "where will the money come from?"

Templeton has basically three sources of revenue, local real and personal property tax, state aid and local receipts, such as motor vehicle excise tax, inspection fees, dog license, etc. This is followed by possible grants from the state and federal government. That is pretty much where the money comes from - out of your pocket, one way or another.

The tax rate is arrived at by looking at the total amount of expenses that the voters approve at town meeting. That is where it is decided what is wanted and how much voters are willing to spend for those items. Naturally, the only way to have a say is to attend town meeting.

From the web site of division of local services, click on gateway to the right of the page.
Information submitted on November 16, 2016 at 1:55 P.M. by the deputy assessor.

Templeton 2017 levy ceiling equals $14,943,478.00 with a levy limit of $8,758,243.00.

followed is the levy limit of $8,758,243.00 plus debt exclusion (s) of $881,045.00 equals the maximum allowable levy limit to $9,639,288.00.

There is also a FY 2017 new growth figure of $69,092.00.

(at the bottom of the form is note: the information has not been approved and is subject to change)

That is what is available by way of real and personal property tax. If you look at the budget versus actual report of October 2016, it shows the levy before debt exclusion (s) add in as $8,769,022.00, now add in the $881,045.00 and you get $9,650,067.00. It does look like someone used a figure that did not match reality. Does that add up to a shortfall or another budget issue? I sure hope the treasurer / collector has their numbers right.

For the record, at the May 2016 annual town meeting, advisory committee proposed using a levy limit before debt exclusions of $8,739,022.00, a very conservative approach.

The following is from MA DOR "Levy limits; a primer on proposition 2 1/2"

What is a Levy? The property tax levy is the revenue a community can raise through real and personal property taxes.  The property tax levy is the largest source of revenue for most cities and towns.
What is a Levy Ceiling? What is a Levy Limit? Proposition 2 1 ⁄2 places constraints on the amount of the levy raised by a city or town and on how much the levy can be increased from year to year. A levy limit is a restriction on the amount of property taxes a community can levy. Proposition 2 1 ⁄2 established two types of levy limits: First, a community cannot levy more than 2.5 percent of the total full and fair cash value of all taxable real and personal property in the community. Second, a community’s levy is also constrained in that it can only increase by a certain amount from year to year, the levy limit. The levy limit will always be below, or at most, equal to the levy ceiling. The levy limit may not exceed the levy ceiling. Proposition 21 ⁄2 does provide communities with some flexibility. It is possible for a community to levy above its levy limit or its levy ceiling on a temporary basis, as well as to increase its levy limit on a permanent basis. These options are discussed in more detail in other sections of this primer. The concepts of levy ceiling and levy limit are illustrated in Figure 1. How is a Levy Ceiling Calculated? The levy ceiling is determined by calculating 2.5 percent of the total full and fair cash value of taxable real and personal property in the community: Full and Fair Cash Value x 2.5% = LEVY CEILING.

posted by Jeff Bennett

Happenings in Templeton - as we hear them.

Possible new veterans service officer in Templeton - wife of current/former Templeton veterans service officer John Caplis.

Templeton Senior Center gets a 30 day extension and the food pantry will be allowed to stay open no matter because the down stairs is in code -???

Some cuts coming as it seems the fiscal year 2017 expense spread sheet was/is not as good as the selectmen and former town administrator told town meeting it was/is.

I take that as the selectmen and town administrator fibbed to town meeting, so if they think a tax override is the way to go to fix that mess, good luck with that approach.

Assistant treasurer/collector now doing the payroll for the town, per orders from the selectmen/town administrator, because apparently the town treasurer/collector "has alot on her plate."

On the good side, 4 selectmen signed the tax recap sheet and all of the assessors signed so it has been sent off to the DOR. selectmen John Columbus could not be bothered with signing the most important document.

The DOR office in Boston is keeping an eye on Templeton while wondering how Templeton is going to borrow 47 million for a new school and the one million dollars for police station work.

There are apparently about 20 candidates for town administrator for Templeton.

There is serious talk about the merging of cemetery and highway as well as some eyes on and questions about sewer debt and the spending over there by the way the process was done - apparently there may have been some steps or a process that was shall we say, mishandled.

enjoy the weekend.

posted by Jeff Bennett

Contract/agreement with UMass. Edwad J. Collins jr. center for public management.

This can be found on the Templeton town web site, under board of selectmen, town contracts/agreements.

The document is dated June 6, 2016 and it contains a professional fee (on page 4) for carrying out certain tasks. The fee is $14,000.00 and before you go further, look at the expense spread sheet presented to the town meeting back in May of 2016. There was $8,500.00 put forward for this. Perhaps realizing their error, selectmen proposed a transfer of$5,500.00 to cover/make up the difference. Problem is, on page 4, it describes what else the town (taxpayers) are on the hook for: town administrator candidates expenses, advertising, background checks and the center's out of pocket expenses(printing, mileage, lodging, etc.) These costs are not included in the professional fee.

It states Collins will bill $8,500.00 when task 2 is complete and $5,500.00 when task five is complete. It also states the professional fee for carrying out tasks one through four is $14,000.00 So read this and ask your self if this signing this agreement is an indication of how the town's finances are still in a mess and appear to be getting worse rather than better. My opinion is the selectmen went about a very coordinated effort to make the town's financial picture look much better than it was to gain a positive school vote.


posted by Jeff Bennett

Selectmen vote on a single tax rate for Templeton. That is, residential and business / commercial pay the same tax rate. With that vote, it was indicated the tax recap paper work could be filed before Thanksgiving and the tax rate could be set by the DOR and tax bills could go out. Now, the selectmen want to hold off on that action. Apparently there are some figures from the treasurer/collector that are not accurate or correct. No real surprise there from someone who serves on the Advisory Committee. We have gotten documents with conflicting numbers on them several times. It is a head scratcher when debt figures go up despite debt being paid off. This raises the question on whether the information from the treasurer / collector can be trusted. This also raises the question how accurate is the information on the already filed schedule A for Templeton. The information received so far shows different figures for the same item several times.  Either things are not as fine as has been reported or someone in a very important position does not know the job as well as they should. Either way, more delay in filing an important piece of information.

If you are a follower of Templeton events, there are a few emails and reports where the question of "pushing" the numbers or "fixing" the numbers so the paperwork could be filed, as the case for the schedule A. I am still waiting for the annual town report of 2015 to be redone per town meeting vote.

As for the auction of town property, there was about $14,000.00 raised or bid and now the wining bids have to be paid off, as was indicated by the interim town administrator. Selectmen opted to reject bids on items 17, 21,25 and 26 and it was stated it would be a winter project for the highway department, as it was stated by the interim town administrator that Bud Chase informed him that the highway crew could take these items apart for scrap which would result in more money for the town. I have to wonder if anyone has checked the price of scrap recently.

item #17 listed as 53 elementary school desks
item #21 listed as  metal folding chairs
item 25 listed as 29 orange hard plastic chairs
item # 26 listed as 3 metal filing cabinets.

Question asked about when a fire chief will be hired/chosen, the answer was the selectmen are on it. Seems like more delay and the chairman seemed to blame the no vote on taking $87,000.00 from town savings at the most recent special town meeting as part of the reason. Just more delay and lack of action on the part of selectmen.  In my opinion anyway.

posted by Jeff Bennett

Recently the Templeton held a "workshop" meeting, open to public and recorded. In that meeting, one selectmen seemed to hint this would be her last time as selectmen, we shall see. Another selectmen, I believe it was Julie Richards, commented on how some town employees were not working the hours they were being paid. Which is interesting as I have recently asked for time sheets of all town hall employees and the selectmen said they were/are not public records. I was told the town does not release medical or personnel records. Problem is I did not ask for either, I asked for time sheets involving the spending of public funds from a fund/account containing public money. But, back to the meeting, after selectmen Richards made the comment, selectmen Brooks made the statement that "we should place office hours time on the doors" it was quickly pointed out that is already done and the times are even on the town website. In my opinion, the thing that strikes me is if one selectmen knows employees are not working the hours they are suppose to, why has it not been addressed? Selectmen are management, the bosses, in charge, so do something about it. I believe the residents and taxpayers of Templeton deserve to have this taken care of as they pay for these things to happen. It is one thing for a selectmen to say or state they have amazing relationships with town employees, but that is not what taxpayers pay for, it is service and part of that service is employees working the hours that they are paid to work. Time sheets should show that and perhaps that is why they do not want me to have them?



posted by Jeff Bennett

Public records exemptions:

Exemption (c) – The Privacy Exemption Exemption (c), the privacy exemption, is the most frequently invoked exemption. The language of the exemption limits its application to: personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy (43)
43 G. L. c. 4, § 7(26)(c).

The privacy exemption is made up of two separate clauses, the first of which exempts personnel and medical files. As a general rule, medical information will always be of a sufficiently personal nature to warrant exemption.44 The Massachusetts Supreme Judicial Court determined that exempting personnel information from disclosure serves to protect the government’s ability to function effectively as an employer.45 The release of certain personnel information could disrupt the government’s capability to conduct sensitive and careful investigations regarding employees.46 While statutorily exempting personnel information from the expansive definition of public records, the legislature did not explicitly define personnel information.47 However, judicial decisions acknowledge that the term is neither rigid, nor exact, and that the determination is case-specific.48 The custodian’s classification of materials as “personnel information” is not conclusive.49 Instead, the nature or character of the documents, as opposed to the documents’ label, is crucial to the analysis.50 The nature of some materials and the context in which they arise take them beyond what the legislature contemplated when exempting personnel information.51


Public employees have a diminished expectation of privacy in matters relating to their public employment.56 Consequently, the public will have greater access to information that relates to an individual’s public employment than to the same individual’s private activities.57 For example, an individual’s public employment salary is a public record, but the source or amount of private income generally is not public information.

The public interest in the financial information of a public employee outweighs the privacy interest where the financial compensation in question is drawn on an account held by a government entity and comprised of taxpayer funds.


posted by Jeff Bennett

Massachusetts Public Records:

What records are public? Every record that is made or received by a government entity or employee is presumed to be a public record unless a specific statutory exemption permits or requires it to be withheld in whole or in part. Specific statutory exemptions have been created by the legislature. These exemptions, which are discretionary to the records custodian, allow the records custodian to withhold a record from the general public.

So the Templeton Board of Selectmen quoted the following to deny a public records request:
Massachusetts General Law, chapter 4, section 7 (26) exemption c:

Section 7: Definitions of statutory terms; statutory construction

  Section 7. In construing statutes the following words shall have the meanings herein given, unless a contrary intention clearly appears:

Twenty-sixth, "Public records'' shall mean all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, or any person, corporation, association, partnership or other legal entity which receives or expends public funds for the payment or administration of pensions for any current or former employees of the commonwealth or any political subdivision as defined in section 1 of chapter 32, unless such materials or data fall within the following exemptions in that they are:

(c) personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy;

Since I believe an employee time sheet is about the spending of public monies and would show the hours an employee works, this is worth a letter to the Secretary of the Commonwealth.

posted by Jeff Bennett

A very secretive board of selectmen; they do not think anyone deserves to see the number of days and hours your employees work!

Mr. Bennett:

In response to your request of November 5, 2016, the Town, per exemption (c) under G.L. c.  4, § 7(26), does not release any records containing personnel information of the Town employees.

Holly A. Young

Holly A. Young,

November 5, 2016

Holly;

This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10). I am requesting that I be provided a copy of the following records:

I am requesting the copies of time sheets for personnel in Templeton Town Hall from July 1, 2016 through October 31, 2016.

I recognize that you may charge reasonable costs for copies, as well as for personnel time needed to comply with this request. If you expect costs to exceed $10.00, please provide a detailed fee estimate.

The Public Records Law requires you to provide me with a written response within 10 calendar days. If you cannot comply with my request, you are statutorily required to provide an explanation in writing.

Sincerely,

Jeff Bennett

posted by Jeff Bennett

Advisory Committee on the move with regards to Templeton FY2018 budget process;

With a meeting scheduled for November 16, 2016, some items for discussion/consideration:

Below are some potential Agenda items which we can have discussions on:

1.  Budget Process Calendar 2017 -2018

2. Budget Policy/guideline

3. Discussion of having a meeting with Selectmen to discuss differences on FY 18 budget guidelines.

Time for words to turn into action! The Advisory Committee did not turn down invitations to meet with selectmen during the 2017 budget process and my hope this time around, it will be Advisory Committee making the invitations to meet and then see how many selectmen show up for discussion.

posted by Jeff Bennett

The cost of a Templeton chief of police as of August 21, 2016.

According to the contract posted on the Templeton town website, the police chief is entitled to professional liability insurance at the expense of the taxpayers. The chief is also entitled to health and life insurance benefits which other non-bargaining general governmental employees are entitled to.

The taxpayers are also responsible for all professional dues and subscriptions of the chief of police, to include all national, regional, state and local associations and organizations to include professional growth and advancement.

Taxpayers are also on the hook for a police vehicle for the chief to include all operating and maintenance expense and insurance. The chief may use the vehicle for personal reasons because he is on call 24/7. The chief will be responsible for any retirement contributions resulting from the availability of this vehicle.

Taxpayers are also responsible for paying travel and subsistence (meals, etc.) expenses for short courses, institutes and seminars that the chief feels are necessary for his professional development. In the event of death, taxpayers will pay for any unused sick and vacation days and other compensation due.   The chief will be eligible for a base salary of $84,835.44, 12 paid sick days per fiscal year, 12 paid holidays, 4 days of paid emergency leave, 6 paid personal days of leave.

Membership in the Worcester County retirement system, a $20,000.00 accidental life insurance policy paid for by taxpayers. Taxpayers will also be responsible for a maximum $800.00 per fiscal year for a physical fitness incentive program. The chief will be paid by the taxpayer $400.00 each time the chief satisfactorily completes a fitness test. This is a voluntary program and the chief must complete the fitness test to receive this money.

Taxpayers will pay up to $1250.00 for a clothing allowance to purchase uniforms. Also, taxpayers agree to pay an additional $125.00 for maintenance of uniforms. After 20 years of service, the chief will be eligible for 6 weeks vacation time. The chief is also eligible to receive a 10% increase in base pay for a bachelor's degree and a 12.5% increase in base pay for a master's degree.

As you can see, there is more to the cost of a police chief than just his salary listed on the document presented at town meeting, sometimes referred to as a budget. You can read this document for yourself at the Templeton town website under the board of selectmen, town contracts and agreements; chief of police.

posted by Jeff bennett