Secretary of the Commonwealth William Francis GalvinPublic Records Division
McCormack Building, Room 1719
One Ashburton Place
Boston, MA 02108
9/4/09
I wish to file a complaint and request a formal ruling over Amherst Town Manager Larry Shaffer deleting/destroying my electronic comment to his blog, hosted on the official Amherst town taxpayer funded website (http://www.amherstma.gov/), concerning a controversial town owned golf course and the economic impact of recent operations.
‘A Guide to the Massachusetts Public Records Law’ clearly states: “The statutory definition of “public records” does not distinguish between traditional paper records and records stored in the computer medium. Rather, it provides that all information made or received by a public entity, regardless of the manner in which it exists, constitutes “public records.”
My (attempted) Comment to Mr. Shaffer’s blog post was neither obscene nor factually incorrect; therefore he as a "custodian of a public record" had no right to delete/destroy it to prevent public disclosure.
Town Manager Shaffer's disingenuous closing paragraph declared:
“Cherry Hill Golf Course financial report for Fiscal Year 2009 is complete. Cherry Hill revenue for the period is $253, 725. and expenses for the same period are $210,611. Cherry Hill's operation has generated a surplus of close to $100,000. over the last two years. Much credit goes to Linda Chalfant and Barb Bilz for their work at Cherry Hill.”
My attempted response/rebuttal (automatically time/date stamped by Blogger software):
Blogger LarryK4 said...
“Yes Larry, but the purported "profit" does not include hidden costs like employee benefits, insurance, and capital improvements (underground storage tank, security fencing and greens mower) which combined come to over $100-K.”
August 27, 2009 9:46 PM
And while LarryK4 could appear to be an Anonymous source, if you click on the nickname/hotlink it brings you to my blogger Profile Page that clearly spells out my identity. Besides, Mr. Shaffer has previously published comments from me (under the nickname LarryK4) on his blog.
Mr. Shaffer did upload another post on August 29 and at that time would have discovered my Comment concerning his August 7 upload. His blog has “Moderation enabled” so that the blog owner gets to approve comments before publication. In this case he did not.
Since my tax dollars are involved I find that exceedingly unfair.
Over the past ten years the Internet has evolved from the Wild Wild West to standard operating procedure. Blogs are perhaps the most powerful tool for communication/activism spawned by this 21’st Century medium. And for the Town Manager (a public official) to abuse the town website for unfair advantage in Public Relations/Spin is blatantly unfair.
Larry Kelley (AKA: LarryK4)
Amherst Town Meeting Member
Amherst Redevelopment Authority
5th Generation Amherst resident
http://www.onlyintherepublicofamherst.blogspot.com/
The other Larry's Blog (note frequent updates and comments...not!)
Way to go Larry, you always find the way to make yourself the news.
ReplyDeleteBut only for a good cause.
ReplyDeleteTalk about wasting taxpayer dollars.
ReplyDeleteNobody wants our Town Manager spending time defending his useless Town Manager's blog.
Plus, you have you facts wrong. It is not hosted on amherst.gov. it's on blogspot.
Oh, they get paid one way or the other.
ReplyDeleteShaffer's "blog" has a major link/banner ad on the town's main page (that could be sold to the private sector for a few bucks) on amherstma.gov (you forgot the 'ma' after 'amherst' Nitwit)
A level playing field is all I'm talking about.
How do you know that he destroyed/deleted it? You said in one of your earlier posts that he simply didn't publish it. How do you know it's not still there?
ReplyDeleteYou finally spelled 5th right!
ReplyDeleteYeah, because I know how much it matters to nitpicking Nitwits like yourself.
ReplyDeleteget over yourself dude
ReplyDeleteno one gives a s*** about your comment
Wait a minute, this is a complaint about a comment you tried to post just last week? How do you know he's not on vacation? You're just grandstanding. Quite wasting everyone's time.
ReplyDeleteThe last comment that was posted on the Town Manager's blog was November 10, 2008. Just perhaps he's not checking the site as often as Larry "The busy lttle beaver blogger" Kelley.
ReplyDeleteTry to pay attention Nitwits. He signed on AND posted an upload on August 29 and would most certainly be made aware of my Comment "awaiting moderation" sent two days earlier.
ReplyDeleteAnon 10:09 PM.
Dude, you're pretty funny. Posting a Cowardly Nitwit Comment I obviously don't give a s*** about, declaring you don't give a s*** about my comment to the Town Mangler.
Wrong law Larry:
ReplyDeleteShaffer's "blog" has a major link/banner ad on the town's main page (that could be sold to the private sector for a few bucks) on amherstma.gov (you forgot the 'ma' after 'amherst' Nitwit)
This is a textbook violation of the state ethics law - using a resource for personal use (his personal blog) that members of the general public don't have access to (the town homepage). By definition, private citizens can't have a .gov domain, either...
You know what will be interesting - how he deals with the truly irate comments he is going to get next week for making Lincoln Avenue a White-Only neighborhood.
ReplyDeletePeople are going to be p*****, I am considering a MCAD complaint. There are LOTS of issues in that stupidity.
Tuesday should be a fun day....
can you say "inflated ego"?
ReplyDeleteObviously Yes, because I do not have "moderation enabled" nor do I block Cowardly Nitwit Anon comments like yours.
ReplyDeleteThe same guy who danced and danced around why he didn't actually break the rules when he went into an elementary school to test the water temperature is now telling on someone else whom he thinks broke the rules.
ReplyDeleteoh Larry --
ReplyDeleteThe report on the dead child is apparently out. Your thoughts?
Hey Anonymous 4:34 p.m.
ReplyDeleteThe same guy who danced and danced around why he didn't actually break the rules when he went into an elementary school to test the water temperature is now telling on someone else whom he thinks broke the rules.
Wait a second. He actually went into the little boys bathroom (i'm hoping it was the boys bathroom) to test the water temperature? Which school? Did he have permission from anyone? Were there prior complaints about the temperature?
That's not true, is it? At least tell me he has children at this school. Did school officials have anything to say about this? What about the Amherst Police?
Wow! Only In Amherst is right!
Swine Flu is about to engulf our country with upwards of 50% infection rate and the simple prevention is wash your hands in hot water (if of course your government facility provides hot water.)
ReplyDeleteYes, Anon 5:30 PM the report on the dead child is out (you read it here MONTHS ago).
larry, it is soap, not heat that kills the pesky's.
ReplyDeletepay attention...are you a nitwit?
Actually it's the friction that rubs them off. And made more effective by hot water.
ReplyDeleteLarry,
ReplyDeletecan you give me the web-site where the CDC says that washing your hands in hot water will prevent swine flu?
When did you get that PhD in microbiology/virology?
It is the SOAP and water, regardless of its temperature (unless it is boiling and hands are immersed in the boiling water for a long time).
Give it up. You aren't an expert in communicable diseases.
Tell ya what. Give me your name and address and I'll come over and test the temperature of your water (I'll bet it's around 120)
ReplyDeleteLarry is right about the hot water, but for the wrong reason.
ReplyDeleteWhat do your hands do when cold -- they clench up. Creating lots of folds where bacteria & virii can hide. Couple this with the very human reaction to wash quickly (if at all) when the water is cold) and you can see how hot water cleans hands better.
It is the human factor. And my understanding is that the soap more destroys the cell walls than actually removes them although I may be confusing this with what bleach does.
Ed, warm water or cool water would do the job just fine!!
ReplyDeleteAlso viruses don't have "cell walls" but then Larry the virologist should be able to tell you all that...
Larry you plumb depths of futility that are exceeded only by you. WHO THE F--- in the AG's office cares whether your blog comments got posted? I think it's time to go back to the elementary school hot water faucets!
ReplyDeleteHeh Ed,
ReplyDeletewhen you going to finish that ol' PhD and move out of Amherst??? How long ya been working on it?
Perhaps you should spend more time with your studies and less time being such a waste of time....
Yes Max,
ReplyDeleteSpoken like a blogger who also has "moderation enabled".
And quite frankly, it's your own personal little South Deerfield, flea market, kind of blog on a platform that doesn't charge a dime--so you can do anything you damn well please with it.
But if you are using town bandwidth at taxpayer expense, then that is an entirely different story.
Why is it that when you get called to the carpet for trespassing in an elementary school, following the rules is a bad thing, but when someone doesn't post a comment you've made, following the rules is the only thing that matters?
ReplyDeleteHmmm...And the aging person (who received two months pay at taxpayer expense on his one-year temporary contract claiming medical issues) who also "called me to the carpet" and issued the trespass notice is exactly where now?
ReplyDeleteAnd his In-House replacement (you know, someone with experience) instantly vacated the trespass notice. Nitwit.
a naive question... are blog always two way? I didn't see any comments to the TM published, not just those from this "Blogger." I may have missed them, and may not understand blogs, but if the TM's is a one way blog, is there really a problem? Just curious.
ReplyDelete"Dave"
This comment has been removed by a blog administrator.
ReplyDeleteDon't worry, I'm sure they've got a large trash bin for the gazillion irrelevant letters Larry has written over the years. He's sort of the Barney Fife of Amherst.
ReplyDeleteRe your 7:49 p.m. use of nitwit: thanks for clearing it up for me. People who seek the enforcement of silly rules are wrong and eventually go away. Let's hope.
ReplyDeleteDon't worry, I'm sure they've got a large trash bin for the gazillion irrelevant letters Larry has written over the years. He's sort of the Barney Fife of Amherst.
ReplyDeleteActually, more of a cross between Cliff Clavin and Archie Bunker.
wow way to shoot down "Dave"
ReplyDeletewhere did that come from?
sounded just like a standard technologically challenged person to me.
re: Anonymous said...
ReplyDeletewow way to shoot down "Dave"
where did that come from?
sounded just like a standard technologically challenged person to me.
September 8, 2009 6:29 PM
Thanks anonymous 6:29 PM. Does anybody out there have the answer? I see that Larry S's blog has no comments that I can see. Nor does the APD http://www.amherstpd.blogspot.com/
Do "blogs" have to be two way, or can they just be unidirectional? Is it possible that Larry S. just called it by the wrong term? The blogger is just going to ridicule me for this, but maybe somebody else has the answer. (I seem to have hit a nerve with the blogger. He called me a "nitwit" three times in one comment, which I think is a record).
"Dave"
Larry S. does not respond with written comments on his blog. He has written that you must leave your email or call his office. Since others may be interested in the answer I think it defeats the purpose and wastes even more time.
ReplyDeleteWell, that shows once again that Larry's paranoia that he is being singled out is just his usual persecution complex.
ReplyDelete