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??

Tom Jeleniewski <tom200is@juno.com>

 

Selectmen.HaleyBrooks@templeton1.org;

Selectmen.Morrison@templeton1.org;

selectmen.caplis@templeton1.org;

 

Dear Selectboard Members:

 

On Monday May 14^th you will be asked to vote on a proposal to grant prorated benefits for the Sewer Department Administrative Assistant. We have been in discussions with the TA for many months regarding this issue that has to do with the employee who currently (and for some months now) has been unable to work a full 40 hours per week due to an ongoing (documented)  issue.  Therefore she has been scheduled to work only 32 hours per week.

 

After many months of unsuccessful discussions between the TA and myself he has “crafted” a document which grants employees not working 40 hours, but are working a “substantial” number of hours the ability to accumulate “full time” benefits at a prorated amount according to the number of hours scheduled to work.

 

We believe this arrangement to be fair while not violating the intent of 2017-1. At the same time we are asking that any employee benefits that have been denied during these months should be restored.

 

Please keep in mind that this issue does not affect the town budget in any way.

 

This is your chance to “do the right thing” and not “throw the employee under the bus”

 

PLEASE DO THE “RIGHT THING” AND VOTE IN THE AFFIRMATIVE.

 

 

Respectfully submitted,

Tom Jeleniewski (member, Sewer Commission)

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

 

Doing a little afternoon reading, minutes of selectmen workshop of March 22, 2018, the sewer budget was on the agenda, with Kent Songer and sewer commissioner Tom Jeleniewski in attendance to present their budget to selectmen. On the subject of sewer department admin assistant to be full time or part time with benefits to be accrued. Carter Terenzini suggested "that we move into the budget discussion and move into the other matter at a later time.

April 2, 2018, selectmen meeting, there was discussion of whether admin assistant would be 36 hours in FY2019 and 40 hours in FY 2020.

Discussion on collections of sewer bills done in town hall and could those indirect costs be billed to sewer enterprise fund, answer yes. Would that help the general fund expenses, yes, stated by John Caplis.

Vote to make sewer admin assistant to 40 hours in FY2019, yes by all selectmen. Additional cost to sewer enterprise fund stated as $2,750.00 for FY2019.

Stated that on April 23, 2018, a report from the T/A to BOS regarding costs and or savings for sewer rate payers and general fund expenses.

Watch selectmen meeting of April 23, 2018 and saw no reference of any report concerning sewer enterprise fund. On April 2, 2018, T/A stated time frame to complete report, about 6 hours.

Why would a pay raise be denied by the T/A for the admin assistant for sewer department. Who is the town employee charged with adjustments to payroll? Do you think that employee would ask and follow direction from the T/A even with a raise budgeted for and paid from an enterprise fund. Is this the same practice followed regarding light and water employees? Why would it be different? Templeton municipal light has to go before selectmen for things like a pole hearing, so why not pay raises too?

Some funny stuff going on in town hall these days. Time for sewer commissioners to have a public sit down with selectmen and ask some questions!

Once again, selectmen fail to follow their own policy:

All employees will receive a hard copy of this policy at the time of hire, and it is the responsibility of the
employee to review all sections then return a signed acknowledgment form stating that they understand
what they have read to the Human Resources Assistant. All employees have the right to ask for an
updated printed copy at any time. [section 1, page4 of Templeton personnel policy]

Section 3: Any changes to job description and wages will be made by the Department Head with approval of the Town Administrator. Appropriate forms will be completed, signed, forwarded to appropriate departments,
and a copy placed in the personnel file.

2. Eligibility
All full-time and regular part-time employees are eligible for an annual performance review and
consideration for a merit pay increase. All pay increases will be approved by the Town Administrator.

Question: Funds for a pay raise will not come from the general fund expenses?

The Town Administrator will be fully informed of each review and will approve any
pay increases based on the Town’s budgetary constraints.  (page 7)

Sewer administrative assistant included in this? Money for a pay raise for a non union position is in the sewer budget, so how about it?



c. Performance reviews—salary increases
Each Department Head is responsible for the assessment of the performance and
contribution of employees. The Human Resources Assistant will send a reminder to
the Department Head stating when an employee’s review is scheduled to be due. A
performance review may not always result in an automatic merit increase. The
employee’s overall performance and step level relative to position responsibilities
must be evaluated to determine whether an increase is warranted, and within
budgetary constraints.

Employees of The Town of Templeton must adhere to the highest levels of ethical conduct and service so
that the public will have confidence that persons in positions of public responsibility are acting for the
benefit of the public. Employees must avoid any action which might result in or create the impression of
using public office for private gain, giving preferential treatment to any person, or losing impartiality in
conducting Town business. Town employees are required to adhere at all times to the requirements of
M.G.L. c. 268A, the Massachusetts State Ethics law.

Massachusetts General Law chapter 44
Section 53F1/2: Enterprise funds

Section 53F1/2. Notwithstanding the provisions of section fifty-three or any other provision of law to the contrary, a city or town which accepts the provisions of this section may establish a separate account classified as an ''Enterprise Fund'', for a utility, cable television public access, health care, recreational or transportation facility, and its operation, as the city or town may designate, hereinafter referred to as the enterprise. Such account shall be maintained by the treasurer, and all receipts, revenues and funds from any source derived from all activities of the enterprise shall be deposited in such separate account. The treasurer may invest the funds in such separate account in the manner authorized by sections fifty-five and fifty-five A of chapter forty-four. Any interest earned thereon shall be credited to and become part of such separate account. The books and records of the enterprise shall be maintained in accordance with generally accepted accounting principles and in accordance with the requirements of section thirty-eight.
No later than one hundred and twenty days prior to the beginning of each fiscal year, an estimate of the income for the ensuing fiscal year and a proposed line item budget of the enterprise shall be submitted to the mayor, board of selectmen or other executive authority of the city or town by the appropriate local entity responsible for operations of the enterprise. Said board, mayor or other executive authority shall submit its recommendation to the town meeting, town council or city council, as the case may be, which shall act upon the budget in the same manner as all other budgets.
The city or town shall include in its tax levy for the fiscal year the amount appropriated for the total expenses of the enterprise and an estimate of the income to be derived by the operations of the enterprise. If the estimated income is less than the total appropriation, the difference shall be added to the tax levy and raised by taxation. If the estimated income is more than the total appropriation, the excess shall be appropriated to a separate reserve fund and used for capital expenditures of the enterprise, subject to appropriation, or to reduce user charges if authorized by the appropriate entity responsible for operations of the enterprise. If during a fiscal year the enterprise incurs a loss, such loss shall be included in the succeeding fiscal year's budget.
If during a fiscal year the enterprise produces a surplus, such surplus shall be kept in such separate reserve fund and used for the purposes provided therefor in this section.
For the purposes of this section, acceptance in a city shall be by vote of the city council and approval of the mayor, in a town, by vote of a special or annual town meeting and in any other municipality by vote of the legislative body.
A city or town which has accepted the provisions of this section with respect to a designated enterprise may, in like manner, revoke its acceptance.

Section 69: Superintendent of water or sewer department

Section 69. If a town votes under section twenty-one to have its selectmen act as water and sewer boards, water commissioners or sewer commissioners, the selectmen may appoint a suitable person to act as superintendent of the water or sewer department or designate the superintendent of streets so to act if the town has voted to have its selectmen appoint such officer, who, subject to the control of the selectmen, shall have all necessary powers therefor.

Templeton voted to have independent and separate from the selectmen, elected sewer commissioners.

Templeton Sewer department is an enterprise fund operated department.

Templeton Sewer department is not listed in the FY 2019 general fund budget / spending plan.

Sewer users or rate payers, along with other fees (tipping fees)  cover the costs of operating the sewer department, with oversight of the Sewer department is handled by elected Sewer commissioners.

Why else would the selectmen and the Town Administrator speak of indirect costs [such as "charging" the Sewer department if sewer collections were to be handled at town hall in the treasurer/collector office?]

MGL chapter 41

Section 65: Sewer commissioners; powers and duties

Section 65. If sewer commissioners be chosen, they shall, as to sewers and drains, exclusively have the powers, perform the duties and be subject to the liabilities and penalties of selectmen and road commissioners.

What the Templeton general town by-laws say regarding sewer department.
Article XXIV – Sewers
Section 1. “The Selectmen, or Sewer Commissioners if duly qualified, may declare any sewer or drain laid in any land or way, public or private, open or proposed to be open for public travel, to be a common sewer, and that connections shall not be made with any common sewer, except by authorization from Selectmen or Sewer Commissioners, whichever the case may be, shall have the power to regulate the use of common sewers and connections which may be made with
them, by regulations duly enacted.”
Passed 5-10-75, Approved by A/G 9-2-75
Section 2. To amend the present common sewer by-law, Article XXIV, by adopting as town by-law the rules and regulations regarding the use of common sewers as outlined and stated in Publication No: 5541 of the Massachusetts Water
Resources Commission 1969, revised 1974, entitled “Suggested Rules and Regulations Regarding the use of Common Sewers for the Cities and Towns
of the Commonwealth of Massachusetts.”
Amended 10/28/76

TO:          Board of Selectmen

FROM:    Carter Terenzini, Town Administrator

RE:           Interim DPW Director

DATE:      July 19, 2018

CC:            N/A

Upon resignation of Alan Mayo as DPW director, I sent an email out to all area communities to ask them if they might be interested in exploring a shared administrative director (see exhibit A) Unfortunately, there was none.


Following that, I sent out an email to six firms seeking staffing proposals for an interim DPW director (see exhibit b). One responded with some interest and one referred a recently resigned Town Manager to us. The remaining four either did not respond or advised they were not in a position to propose at this time. At Alan's suggestion, I also reached out to the Bay State Roads program which offers technical training and support on local highway issues such as snow & ice control. They do not offer services on a consulting basis, but the instructor Alan spoke highly of does maintain a private practice in addition to his teaching responsibilities.

As a result of these efforts we have a mixed bag of proposals:


Don Jacobs Associates, a former Assistant Town Manager in Amherst and Town Manager in Southbridge and Plymouth and 30+ year professional in the business with a heavy concentration in HR matters would supply himself and Mr. Tom Woods, a 30 + year professional who worked his way up through the ranks in Leicester, MA and retired as DPW Director, who will undertake all of the assignments at $100.00 per hour.

Michael Smith, former highway Superintendent for Heath and instructor at Bay State Roads program, of Chainsaw Technologies who will undertake the snow & ice control analysis as he has done for Avon, Sudbury and Dover. His rate is $75.00 per hour.

Brian Palais, a Town Manager recently separated from the Town of Oxford as an outgrowth of a personnel matter he had to deal with that became controversial. He will undertake the assignments for $50.00 per hour.

While the most qualified proposer giving us the best overall review and work products would be Jacobs, his pricing would be virtually impossible to absorb within our current budgeting. Meanwhile, with the upcoming budget season rapidly approaching and a need to review our operational and capital needs for snow & ice control program, due to this being the last year of available sand from our pit; we have real needs within the department.

Accordingly, I seek your approval to engage Mr. Michael Smith, dba Chainsaw Strategies, in an amount not to exceed $5,500.00 to carry out an analysis of our snow and ice control operations as outlined in this proposal.

With respect to the interim DPW Director our only alternatives are to (a) keep going as we are, (b) try to do another round of inquiries, or (c) meet with your preferred candidate relative to any questions you may have on his background.