To FOX 25 news: news tip of problems with town government.

To  handym@dor.state.ma.us 

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Ms. Handy,

           I am writing to you with a concern/question. In May of 2016 at the Templeton annual Town meeting, voters were presented a budget spread sheet that showed among other things a revenue sheet with local receipts/motor vehicle excise tax as $1,110,000.00. This number was part of total revenue dollars used to show a "balanced" budget - revenue versus expense being equal. However, one the most recent Templeton tax recap sheet, which is now available on the DLs website, that figure is $1,000,000.00. This to me now means that there is not a "balanced" revenue versus spread sheet. My question is this: is this practice legal and is it the practice of the department of revenue to let these things slide by? I will be mailing to you hard copies of these documents. 

Thank you in advance for any assistance you may provide with this matter.

regards;

Jeffrey Bennett

MJ Handy is the current director of accounts at the MA DOR. Similar emails sent to attorney general, state treasurer and other members of the MFOB, questioning whether it is a good idea to lend Templeton money or allow Templeton to borrow 24 million dollars with a payback of 24 million plus 14 million in interest. Templeton did not present a balanced budget to town meeting again!

posted by Jeff Bennett

Money to burn? Is there a better way to spend taxpayer dollars?

The city of Gardner recently received 12 property tax bills (separate) for zero dollars. Here is a paper copy of property you own and for this quarter, you owe nothing. You will owe nothing for the entire year because you are tax exempt. Why does the tax collector send out bills for nothing/ Could these properties be listed together and sent electronically or on one bill rather than 12? How much time does this take? Are these the things being looked at to save time and money? How often does this happen? How many other entities receive the same billing? Does the town send it self property tax bills for zero dollars?  Does the treasurer/collector know what they are doing?

Perhaps the selectmen can pay the collins institute $5,000.00 to study this too?


posted by Jeff Bennett

Interesting email from the selectmen:

Under the selectboard work plan for 2017 through 2020 is one item that is a head scratcher;

board of selectmen policy/handbook. This is interesting because they already have a policy & procedures document and there is already a selectmen handbook put together by the Massachusetts Municipal Association. Apparently this board of selectmen does not have enough to deal with already, they wish to reinvent the wheel again!

Also, an item which states "to bring audits current" - $140,000.00. There is not enough funds currently budgeted to pay for this. $5,000.00 for a uniform budget document for all departments.
Again, reinventing the wheel, the selectmen have the Massachusetts division of local services - technical assistance bureau that you all already pay for through state taxes, that could be used for this service. Again, it appears there is an effort to strain the finances of Templeton more than they already are.

$5,000.00 to refresh town website and greater use.

$10,000.00 for a compensation study, again, spending money you do not have for something that should be put on hold until you have your financial house in order. This was done in the past and it resulted in a plan with no funds to make it happen, Wasted money because you cannot follow through on.

In my opinion, it looks as thought this select board is doing alot of talk and little else, bringing up many items so it appears there is progress when there is none. Someone on that board will say "we are solving issues, they are not" and that will again turn out to be a lie, it will again be untrue. That is my opinion.


posted by Jeff Bennett

Selectmen minutes not on the website, that would be a question for them. Perhaps they are too busy trying to spend money they do not have on someone to do their job.

As for the grant, it is similar to the one used by the city of Gardner back in 2013 to study the idea of Templeton, Phillipston and Gardner moving together to create a regional emergency communications center, which showed Templeton could save about $90,000.00 per year by doing so. Selectmen Brooks used it as an election thing with signs saying "save dispatch" rather than lets save Templeton financially. Very short sighted in my opinion.


posted by Jeff Bennett

from Massachusetts Division of Local Services alerts: cities & Towns.

Recently I received an email from DLS / city & Town alert - I signed up to receive these. It contained advice and clarification on municipal "free cash, what is it, how you get to use it, time frame, what credit rating agencies look for etc. Also included was this:

Dec. 31 Selectmen:
 Begin to Finalize Budget Recommendation for Review by Finance Committee.
          In Templeton, it would be the Advisory Committee.

This DLS "alert" was within an article from DLS concerning updates on community grant program, which I believe Templeton selectmen opted to apply for and take part in.

I hope they read these things and understand them, this is one item that is NOT the responsibility of the Town Administrator; budget and policy. Selectmen cannot have it both ways, in my opinion, blame the T/A when things are bad, such as the budget, then take credit when and if anything goes well. There is no reason that Advisory Committee should not have all deaprtment budget requests by the end of January, unless the selectmen do not want the Advisory Committee to have time to discuss them in an open public meeting and to make recommendations in time for residents/taxpayers to look at and ask questions in advance of the annual town meeting.

In my opinion, if the time line does not happen, it is a deliberate effort on the part of selectmen to keep the advisory committee from having time to look at and question or make recommendations on any financial proposals put forth by the selectmen. After the 2017 fiasco and 2014, I would think everyone would want more rather than less discussion and time spent on this most important document, Templeton's financial spending plan for the next year.

posted by Jeff Bennett

The details of how a town administrator came to be - in Templeton

Annual Town meeting of 2013, began on May 14, 2013.

On a motion duly made and seconded the town voted that:
 Article III of the Revised General By-laws be amended, by adding the following new section 4, as follows: Section 4: Town Administrator- “The Board of Selectmen is authorized and empowered to appoint a town administrator who may be appointed for a term of one or three years, and to remove the town administrator at their discretion. The town administrator appointed under the provisions of this section shall be sworn to the faithful performance of the duties of the office. During the time that the town administrator holds office the town administrator shall hold no elective town office, but may be appointed by the Board of Selectmen or, with their approval, by any other town officer, board, committee or commission, to any other town office or position consistent with the town administrator’s office. The Town Administrator shall receive such aggregate compensation, not exceeding the amount appropriated therefore, as the Board of Selectmen may determine. The Town Administrator shall act by and for the Board of Selectmen in any matter which the Board may assign to the town administrator relating to the administration of the affairs of the town or of any town office or department under their supervision and control, or, with the approval of the Board of Selectmen, may perform such other duties as may be requested by any other town officer, board, committee or commission.” And, further, to reflect the above-mentioned amendment to Article III of the Templeton Revised General By-Laws, the following Templeton Revised General ByLaw sections will also be amended by replacing the title of “Town Coordinator” with the title of “Town Administrator” in Article XLII-Capital Planning By-Law- Section 1: And in: Article XLVII-Personnel By-Law –Section 3(b) and Section 3 (c)
 Passed/May 16th @ 8:37

At the annual town meeting of May 2014, this happened:

ARTICLE 20           CHANGE TO THE TOWN BUDGET PROCESS

To see if the Town will vote to change Article IV “Advisory Committee,” Section 4 of the Town By-Laws to read: 

“It shall be duty of the Town Administrator in conjunction with the BOS to consider expenditures and develop a budget for the ensuing fiscal year of the several boards, officers and committees of the town, as prepared by them in such form and detail as prescribed by the Town Administrator.”; or take any other action relative thereto. Submitted by the Board of Selectmen

On a substitute motion duly made and seconded the Town voted that Article III “Town Officers“ of the Town By-laws be herby amended:

4. “It shall be duty of the Town Administrator in conjunction with the BOS to consider expenditures and develop a budget for the ensuing fiscal year of the several boards, officers and committees of the town, as prepared by them in such form and detail as prescribed by the Town Administrator.”

Passed Unanimously/May 19^th @ 8:38pm

As you can see, Article III, town officers of the Templeton general by-laws have been changed twice in 2 years. The question is was it suppose to be section 4A or was it meant to completely change section 4?  That question was asked of Town counsel and hopefully the email from counsel can be brought to the next Advisory Committee meeting so all members can see what Town legal counsel suggested in their opinion. It differs from what was put out at the last select board meeting. Just another glitch in Templeton governance. Templeton light, as in the rate payers , paid for a really detailed and expensive study of Templeton town governance. Perhaps that can be shared with the whole town through the Town website.

posted by Jeff Bennett

This is not NOT a fake news story. It may be old news but sometimes history is worth looking at.
This is from the Town of Warwick, MA annual town report of 2007:

Selectboard Report for Fiscal Year 2007

 Personnel: The year saw many changes in both elected and appointed personnel. Ken Alden, who had retired effective July 5, 2006, after forty-four years of service to the Highway Department, died July 14, 2007. On August 14, 2006, Marcel Varney, who had been made acting Fire Chief on April 2, 2006, was appointed Fire Chief. A new town accountant, Tracey Baronas, was appointed and resigned after a brief tenure. The position of treasurer also became vacant in the spring when, after five years of devoted service under trying circumstances, Mary Neville Wall accepted a better-paying and less stressful position in southern Worcester County. Dana Robinson and Janice Barrett, respectively, were appointed to fill the treasurer’s and accountant’s positions. Terry Kemerer was appointed to a three-year term as Tax Collector and Rosa Calcari to a three-year term as Animal Control Officer. The board negotiated the resignation of Administrative Coordinator John Columbus. 

after reading the released executive session minutes, one quickly learns it was not really a mutual business as usual type of resignation.

Town of Warwick

Selectboard

May 14, 2007

Minutes of Executive Session

Present: Rick Abbott, Patricia Lemon, Jim Toth, Town Counsel Fernand

DuPere

I. Call to Order:  Executive session called to order at 4:05 p.m.

DuPere told the Board that Columbus had offered his proposal

unsolicited, indicating that he didn't enjoy working with the Board and

that the inclusion of Petition Articles 8 and 9 in the Town Meeting

Warrant had prompted his proposal.  The proposal (attached) included:

* Mutually amending his contract to end on November 30, 2007, rather

than June 30, 2008, which period was chosen to give him 5 months' salary

(one for each year as Town Coordinator) as severance pay (which Lemon

reported as $8,631.45=1726.25*5, based on an annual salary of $20,715)

* Continuing the Town's 75% share of his benefits until the end of

the amended contract (which Lemon reported as $292.12/month for Health

Insurance and $6.03/month for Life and Disability Insurance, totaling

$1490.75, according to information received earlier from Treasurer

Robinson),

* Taking his FY '07 vacation time (not cumulative) beginning on June

11 (which would be his last day in the office),

and

* Nothing in writing to prevent him from collecting unemployment

after the end of November.

Upon questions about the cost of the severance package, Lemon replied

that Columbus demands would add up to $10,122.20 in FY '08. Toth noted

that Hurlburt's unemployment had increased the Town's cost from about

$1000 to about $7000, an increase of about $6000, but that considering

the salary differential, Columbus' unemployment would most likely

increase it by more like $4000, bringing the potential cost of Columbus'

proposal to as much as $14,000, vs. completing his current contract

through June 30,2008 for $24,292. Toth noted that allowing him to

complete his current contract could leave the Town exposed in the event

of a serious error, whether innocent or vengeful on Columbus' part.

Lemon noted that any unemployment claim might be complicated by

Columbus' second job as a convenience store clerk, and DuPere added that

he believed the current period during which unemployment could be

collected is 26 weeks, lacking a disability claim, which could be up to

39 weeks.

Lemon offered the opinion that Columbus could be fired for cause, citing

a number of instances of mal- and non-feasance. DuPere agreed, but

warned that unless the Board was prepared to be sued - probably

successfully and certainly VERY expensively - it would be a long, draining

process, starting with a formal evaluation resulting in specific,

written complaints and specific steps for curing them and that given the

individual in question, the curative period would require constant

monitoring on the part of the Board, and even then his departure could

not be guaranteed.

Lemon MOVED that the Board authorize DuPere to offer Columbus 5-months'

severance pay, beginning July 1, 2007, and including benefits, but

specifying that his resignation was both voluntary and irrevocable.

Abbott SECONDED.  With a roll-call vote required, Toth voted "aye,"

Abbott voted "aye," and Lemon voted "aye."

DuPere said that the vote had been unnecessary, but that all the Board

had needed to do was give him a sense of their wishes, which he now felt

he had.

DuPere then retired to the SelectBoard office to confer with

Columbus. Upon his return to the Boards room, DuPere reported that he

had finally persuaded Columbus to accept the Board's terms and that he

could now draw up an iron-clad agreement that would protect both parties

from litigation on the subject but warned that Columbus could take up to

21 days to review the agreement before signing and that the only

guarantee that he would do so was his spoken word, which had already

proven unreliable in this matter as well as previous ones.

Lemon assured all in attendance that in the event he withdrew from the

agreement, she was prepared to begin the evaluation and reevaluation

process immediately.

Lemon and Toth both affirmed that they would be available to take over

Columbus' contractual duties between his departure on June 11 and the

hiring of a suitable applicant for the position, Lemon from June 11

through Toth's return to town in late July or early August, and Toth

after his return.  Both expressed their determination to be in the

office as often as possible to be sure they get the necessary computer

passwords and know how Columbus' filing is organized. There was

inconclusive discussion of appropriate actions in the event Article 8 of

the Town Meeting Warrant were to carry as written, and the Board agreed

on the wording of the statement Columbus had agreed to read during

discussion of the article, to wit:  "I have reached an agreement with

the Board of Selectmen that my last day of employment will be the last

day of November, 2007."

Toth MOVED that the Board direct DuPere to prepare a severance agreement

and release of all claims consistent with the previous motion with

regard to John Columbus' employment by the Town of Warwick.  Seconded by

Abbott.With a roll-call vote required, Toth voted "aye," Abbott voted

"aye," and Lemon voted "aye."

DuPere agreed that with time of the essence, he would fax or e-mail a

draft to Board members for amendment or approval at the earliest

possible date, possibly Monday or Tuesday, but certainly before Friday,

and that once it was finalized the Board could either call a Special

Meeting (with 48-hours' notice) or go into executive session with him

and Columbus at the regularly scheduled meeting on Monday, May 21 to

sign the final agreement.

Lemon MOVED that the Executive Session adjourn.  Toth seconded.  After

receiving advice from DuPere that it was necessary to go back into open

session long enough to adjourn that, the necessary roll-call vote was

taken: Toth "aye," Abbott "aye," and Lemon "aye."

At 5:20, Lemon called open meeting to order, whereupon Toth immediately

MOVED that open meeting be adjourned.  Lemon seconded.  Unanimously

approved. Minutes taken by Lemon for review by Abbott, Toth, and DuPere.

posted for your reading pleasure by Jeff Bennett