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

Choosing an outside auditing firm; where does a conflict of interest lie?

Sitting at a Templeton meeting of selectmen, I watched the Templeton town accountant speak up on behalf of a particular auditing firm and that should concern town residents. That firm will be checking the accountant's work. The selectmen, town administrator, accountant and treasurer/collector should have no say and should not even be in the room when it comes to choosing an audit firm because of that conflict of interest.

from the Massachusetts Technical Assistance Bureau (TAB)

Often the most important steps a municipality can take occur long before the audit is conducted. An audit’s quality is directly related to the auditor’s knowledge, experience, and professionalism. Therefore, when selecting an outside auditor or audit firm, TAB recommends the appointing authority be independent of those who will be the subjects of the audit. Many municipalities create audit committees to fulfill this and other functions.

In general, members of the financial offices and a manager/administrator should be excluded from the audit committee and the auditor hiring process to avoid the potential for, or appearance of, conflict, since reviews effectively report on their performance. On the other hand, members of the town finance committee or city council are potential candidates. Residents with appropriate work experience or professional backgrounds can also make valuable contributions to an audit committee.

 It happens that municipalities will rely on one auditor or audit firm for multiple years. In fact, the Government Finance Officers Association (GFOA) recommends that communities engage the same auditor by entering into multiyear agreements, or a series of one-year contracts, for a term of at least five years. A multiyear agreement allows for greater continuity and enables a new auditor to spread initial start-up costs over multiple years, potentially reducing costs in the initial years. However, after this term, the GFOA recommends a full, competitive selection process and a rotation of auditors after each multiyear agreement, provided there is adequate competition among qualified auditors. Contracting with a new audit firm not only brings a fresh perspective, but it also reflects good practice. In general, communities are encouraged to re-advertise for auditing services every five to eight years. The GFOA acknowledges that there may be circumstances or locations where there is a lack of competition among fully qualified auditors. In such cases, participation of the current auditors is acceptable, assuming their past performance has been satisfactory and conformed to industry standards.

posted by Jeff Bennett

Trends in Templeton, MA;

From 2000 until 2014, population grew from 6,799 to about 8,134.

State aid in 2000 was $1,318,085.00 and in 2014 was $1,456,947.00

New growth has gone from$156,443.00 in 2003 to $94,321.00 in 2016.

General stabilization fund has gone from $36,292.00 in 2003 to $674,538.00 in 2009, to now at $142,326.99.

Town debt in 2008 was $1,446,973.00 and in 2014 was $1,629,859.00.

General unallocated fund, commonly known as free cash was $582,421.00 in 2005 and in 2014 was a negative (deficit) of -$26,899.00.

Since 2005, over 4 million dollars in unspent Templeton money and only $142,000.00 in savings and no real capital fund savings.  In fact, major infrastructure investments were not even covered by capital planning committee. These are things the selectmen should be talking about but seem to be ignoring.


posted by Jeff Bennett

What your selectmen are up to:

To repair a pump on a fire truck, which has a repair price quote of $23,077.29, funds (money) will be taken from the Town's vehicle/machinery maintenance fund ($20,000.00) and $3,500.00 from fire department equipment maintenance fund.

From Town meeting appropriations at annual town meeting on May 14, 2016, town vehicle/machinery fund was $136,040.00 and fire equipment maintenance fund was $6,000.00.

According to the year end budget versus actual information provided by the town accountant on October 3, 2016 was Town vehicle /machinery appropriation was $90,000.00 with $89,997.07 being spent for the year. Fire equipment maintenance was $6,000.00 appropriated with $6,000.00 spent.

To use money from other funds while $50,000.00 sits in the town's reserve fund and for which purpose of replacing/repairing a pump on a fire truck from the reserve fund would be most appropriate and negate the need for future transfers or shortages in the fire department equipment maintenance fund before the end of the year. That would be the logical thing to do, but since the selectmen are unable or unwilling to follow Massachusetts General Law, we should not expect logic from them.

Another event defies logic as well; the roof at the fire station in the northern part of Templeton, referred to as baldwinville, is only being partially repaired, rather than replace the entire roof, which would be an investment in town infrastructure. The fire station roof in Templeton center is NOT being repaired/replaced at all at this time. Mean while, another fire truck is being repaired by volunteer work from Paige welding and by work from some members of the department with parts being paid for out of the fire department budget, (fire equipment maintenance fund?) in the estimated amount of $400.00 - $500.00.

The roof repairs for fire station being paid from fire department budget and town maintenace funds with no dollar breakdown stated by the town administrator. Most of this information is from the town administrator report on the town website.

posted by Jeff Bennett