Templeton selectmen receive a couple open meeting law violation complaints, they try to cover their ass by amending the minutes, but on one set of minutes, they neglect to include all documents used at meeting (I happened to have been at the "table" at that meeting. The board amended minutes to include a change order document for May 10, 2023 meeting, they failed to also list 2 photographs that were also used at meeting. The law states "all documents used at a meeting to be listed on meeting minutes." I guess they like complaints!

All people elected or appointed to positions on public bodies required to sign a document stating you received a copy of open meeting law, you understand it, will follow it and keep up with any changes, apparently, they follow that about as good as they follow their own policy on procedures. They also fail to ensure town employees do their job and keep the town web site updated, even as residents provide money to do just that.

 Morning email to Town Administrator and a couple selectmen.

Good day, I believe at the last meeting of Templeton select board, Mr. Tim Toth was voted as select board rep to capital improvement committee. If one checks the boards and committee posting of town web site, Mr. Michael Currie is listed as select board rep. This was voted on May 24, 2023, which seems like plenty of time to get this updated. I believe this is one of the reasons we have paid people in town hall for, per town meeting vote, Templeton town website is an official place for posting of town information and it should be up to date. Thank You.

regards,

Jeff Bennett

 Templeton, MA, selectmen meeting of October 11, 2016. Meeting minutes reflect the following.

d) Action RE: Audit Status Report~ Mr. Terenzini explained that we need to find out if Clifton Larson will release us from the engagement letter for FY13. He has been in touch

with them and we should know within the next few days. Town Accountant, Kelli Pontbriand, explained the firms that she has spoken to and gotten quotes from and her preferences regarding the best option for Templeton to hire. Ms. Haley Brooks made a

motion for the Chairman of the Board to make the final decision so long as it is option 1, 2 or 3 from the Audit Options Update memo from Carter Terenzini dated 10/11/16. Mr. Morrison seconded the motion. The vote was 4 yes.

Note: Clifton Larson Allen

Interestingly, MA in 2023, Governor Maura Healey said Friday she is hoping Massachusetts can avoid having to reimburse the national government for $2.5 billion in federal money the state wrongly used to fund jobless benefits under her predecessor, a mistake she called “avoidable.” The situation has spurred a host of questions that, so far, remain unanswered, including how the mixup of state and federal funds occurred or why multiple audits failed to catch it until recently. The mishap was flagged by an outside firm, CliftonLarsonAllen, that the state comptroller hired to review the state’s annual financial report.

I firmly believe some things would have gone differently (in a better way financially for the town) if the Town had stayed with CLA audit firm.

 Watch the June 1, 2023 meeting of Templeton advisory committee and see them violate the open meeting law.

CERTIFICATE OF RECEIPT OF OPEN MEETING LAW MATERIALS

I, ____________________________________, who qualified as a member of the

(Name)

______________________________________, on ________________, certify pursuant

(Public Body) (Date)

to G.L. c. 30A, § 20(h) and 940 CMR 29.04, that I have received and reviewed copies of the following Open Meeting Law materials:

1) the Open Meeting Law, G.L. c. 30A, §§ 18-25;

2) the Attorney General’s Regulations, 940 CMR 29.00–29.11;

3) the Attorney General’s Open Meeting Law Guide, explaining the Open Meeting Law and its application; and

4) if applicable, a copy of each Open Meeting Law determination issued by the Attorney General within the last five (5) years to the public body of which I am a member and in which the Attorney General found a violation of the Open Meeting Law.

I have read and understand the requirements of the Open Meeting Law and the consequences of violating it. I further understand that the materials I have received may be revised or updated from time to time, and that I have a continuing obligation to implement any

changes to the Open Meeting Law during my term of office.

All persons who are elected or appointed to public office are supposed to sign the above certificate and turn it into the town ethics liaison. In Templeton, that is the town administrator. Ethics liaison is the keeper of the paperwork and is supposed to ensure the schedule is followed, as when people are supposed to do ethics training, get a copy of summary of ethics laws in MA, etc. It is my understanding, the select board in Templeton already have 2 pending open meeting law complaints to deal with. They are simple easy to avoid / fix issues, that is if you do what the certificate of receipt states to do, which seems to be the issue, it is not being followed.

 Section9-6 of Templeton Town bylaws, Advisory Committee- The Advisory Committee shall meet jointly with the Select Board whenever there is a request to consider adjusting spending limits on any revolving fund, any end of year financial transfer or any request of transfer from the Town reserve fund.

Advisory Committee meeting agenda - June 1, 2023:

a. Action RE: Public Works- Emergency fund transfer request.

Public Works Emergency fund = a transfer request from town reserve fund (the is no emergency fund in State Law - MGL chapter 40, section 5c) so it seems the town administrator, the select board and advisory committee either do not understand town bylaws or do not care about them. Beginning of last meeting of select board, new chair stated about how the select board follows policy and procedure. They would impress the hell out of me if they would follow a town bylaw for once!

Hello, Jeff,

 

Here’s how the rule works:

 

Snow and Ice is considered a legal deficit (meaning we will not reduce your free cash by the amount of a snow and ice deficit, should you have one…) IF you appropriated at least as much for your snow and ice budget as the prior year.

 

So, using your example below:

 

In FY2013, if you showed a snow and ice deficit on your 6/30/13 balance sheet that you submitted to us for free cash certification, we would have hit your free cash for the amount of the deficit because you did not appropriate at least as much for the snow and ice budget as you did in FY2012.  That is how the rule works.  You can reduce your budget, as you did, but you roll the dice and lose if it happens to be a snow heavy year when you gambled it would not be.  That is why our legal bureau said it’s not illegal, but not prudent…  It’s a gamble.

 

If the accountant said, we will not allow it, I am sure that she meant we would hit your free cash if there is a deficit.

 

In 2014, if you had a deficit in snow and ice, and you appropriated at least as much for snow and ice in 2014 as you did in 2013, the deficit is legal, and there is no impact to free cash

So, according to the director, Templeton town accountant was/is wrong regarding snow & ice budgeting. The town could budget 300 K one year and budget 290K the following year. There is cause and effect, but, nowhere does it state "you can never appropriate less one year than you did the previous year." In fact, the director states "you can do it."

 1https://www.bing.com/ck/a?!&&p=ebc45523a473996eJmltdHM9MTY4NDg4NjQwMCZpZ3VpZD0xYmI2ZjU1OC05N2FiLTY4ZjctMjg1NC1mYTA4OTZjZjY5NmUmaW5zaWQ9NTIxNw&ptn=3&hsh=3&fclid=1bb6f558-97ab-68f7-2854-fa0896cf696e&psq=Ma+municipal+snow+%26+ice+reports+to+DOR&u=a1aHR0cHM6Ly9kbHNnYXRld2F5LmRvci5zdGF0ZS5tYS51cy9yZXBvcnRzL3JkUGFnZS5hc3B4P3JkUmVwb3J0PUJhbGFuY2VTaGVldC5Tbm93SWNl&ntb=1

The above link should take you to DLS snow & Ice spending by community in MA.