Tuesday, July 24, 2018

Selectmen need to follow or enforce their own policy - Templeton personnel policy, which references an HR position [this should not be the Town Administrator] for obvious reasons such as a person doing hiring/firing etc., being the same person whom an employee is expected to speak with on an employment issue??

Watching some more tv and saw at the May 14, 2018 Templeton selectmen meeting that the selectmen voted to "allow" sewer dept. admin assistant to work 36 hours for pro rated benefits and go to 40 hours in FY 2020. For budget matters, left the proposed funding at 40 hours. I take that to mean there is enough money to pay the person for 40 hours, but the person will only actually only be working 36 hours. So, if there is an issue with a pay raise for that person, why is that? Pay back for the sewer commissioners "braking" when it comes to moving the enterprise fund collections to town hall? Since there are taxpayers who report that they have problems with tax bills in the collectors office, perhaps it is a wise decision to put off moving sewer collections to town hall.

Also, there is a chance that some sketchy business of splitting payments for work done for a town dept., originating from the corner office at town hall. That would be MGL chapter 30b, you may recall the town had an issue with that involving some work at town hall involving an elected member of the Templeton Planning board. There was even training held in town hall by the Massachusetts Inspector General's Office, on chapter 30b. There was even mention of that issue in a recent town audit of Templeton finance. This by the way was for emergency work involving a pumping station of Templeton sewer. That is what email records indicate. Oh, there was legal costs involved as well. Read chapter 30b folks, or just call the inspector general and ask the question, rather than going through town counsel for an opinion. To me, going to town legal for an opinion in one's favor, means your actions are probably questionable to begin with and you are simply CYA.

----- Forwarded Message -----From: townadministrator <townadministrator@templeton1.org>
To: sewsup@yahoo.com
Cc: Diane Haley Brooks <seldhaleybrooks@templeton1.org>; John Caplis <selectmen.caplis@templeton1.org>; selectmen.fortes@templeton1.org; selectmen.morrison@templeton1.org; selectmen.richard@templeton1.org
Sent: Monday, August 28, 2017 12:48 PM
Subject: Moschetti Follow-Up

Good Day:
I’ve provided Town Counsel with an analysis of the procurement at issue and the environmental risk of not having a responding entity.  I’ve asked him for the back-up I need to hang my hat on to make these payments so I am protected for when it is flagged and by Auditor’s and should it be questioned by the IG’s office.  I’ve further advised him that we will – once we have fully settled this matter – go through the proper procurement procedure so we can avoid this issue in the future.   Counsel has proved me with a brief response to rationalize a payment this week of $9,500 (under the $10k threshold).  Counsel and I will collaborate on a second memo on the balance so that we can get the balance paid on 09/06.
I’ve spoken with Mr. Moschetti and advised him that I will release $9,500 this week of the $26,100 and he will have this check by Friday.  I have further advised him that we will be working on a memo over the course of this week to rationalize the payment of the balance and he would have that check by next Friday.  He was understanding and a gentleman about it.  He – understandably – says that our failure to not follow proper procurement should not deprive him of his payment. He felt that any consequences of the failure to follow this practice should be put upon the offending unit.   I explained that even then the law prohibits a payment when the procurement practice has not been followed. 
Once we are through this we can work with you to review your purchases so that they are being made by the means of proper procurement for the balance of the Fiscal Year. 
Many Thanks
Carter Terenzini
Interim Town Administrator
Town of Templeton
160 Patriots Road
East Templeton, MA 01438
(978) 894-2753
MGL chapter 30b
Section 8. Whenever the time required to comply with a requirement of this chapter would endanger the health or safety of the people or their property a procurement officer may make an emergency procurement without following that requirement. An emergency procurement shall be limited to only supplies or services necessary to meet the emergency and shall conform to the requirements of this chapter to the extent practicable under the circumstances. The procurement officer shall make a record of each emergency as soon after the procurement as practicable, specifying each contractor's name, the amount and the type of each contract, a listing of the supply or service provided under each contract, and the basis for determining the need for an emergency procurement.
The procurement officer shall submit a copy of this record at the earliest possible time to the state secretary for placement in any publication established by the state secretary for the advertisement of procurements.

Section 11: Splitting of procurements

Section 11. No person shall cause or conspire to cause the splitting or division of any procurement, specification, invitation for bids, request for proposals, proposal, solicitation, or quotation for the purpose of evading a requirement of this chapter