Friday, November 18, 2016

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

Thursday, November 17, 2016

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

Tuesday, November 15, 2016

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

Friday, November 11, 2016

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

Thursday, November 10, 2016

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


Wednesday, November 9, 2016

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