Deception?

"Dysfunctional" Amherst Pelham Regional School Committee

So when a lawyer uses the term "deception" in writing we should all sit up and take notice.

 Click to enlarge/read

Especially when she is talking about something not related to ensuring a paying client gets a good legal outcome.

Although in this case her client is really the entire town of Leverett  and they will end up being the saps who have to help cover the $309,000 payout over this regrettable matter.  Along with Amherst, Pelham, and Shutesbury.

When I first heard a few days ago that she had resigned my initial response was hardly one of surprise.  In fact I'm a little surprised a few more have not resigned.  Because obviously some of them are in w-a-y over their heads.

The official minutes of the exceedingly long four executive sessions were supposed to be released a week ago.

And if rookie Chair Laura Kent is withholding them even after her committee voted to release them and after publication by the Daily Hampshire Gazette of the "draft" minutes,  the chances are astronomically good that she will also refuse to release the original five page email from Maria Geryk to her buddy, attorney Giny Tate, outlining her initial demands for a $600K payout.

Apparently in that deleterious document, which attorney Tom Columb -- an associate of Giny Tate -- repossessed, Geryk trashed the reputations of RSC members Baptiste, Cage and Robb.

Coincidentally enough the same three members who were critical of her stewardship as Superintendent in the annual evaluations that have yet to be officially released by the Regional School Committee.

Which seems to indicate someone gave those evaluations to Maria Geryk in advance.  Probably the same ones who happily voted for her $309K payout.

Deception indeed!

Transparency?

Laura Kent has her hands full as rookie Regional School Committee Chair

Sorry I just don't buy the "poor-little-us-we're-just-volunteers" routine.

If you enter a race up Mt. Washington it doesn't matter if you are in the professional or amateur division, as that mountain is going to do its best to kill you.

So half way up do not lament that you are only a "volunteer".

Deal with it.

   Quest For Public Documents

Secret Meetings Continue

Former Superintendent Maria Geryk getting a $309,000 buyout

Region and Union 26

Once again Pelham school committee representative Trevor Baptiste put up a stink about proceedings, this time concerning Union 26 taking a revote/do over on Maria Geryk's $309,000 buyout package, after he questioned if Union 26 is even a legal entity.

 Trevor Baptiste, former Chair of the Region 

Union 26 (Amherst & Pelham SC members) revote Maria Geryk $309K buyout

Last week they voted in favor of the contract but did not have a legal quorum.  

So after 10 minutes of bickering they came to a 4-1 affirmative vote (one member, Chair Tara Luce, had recused herself).  Last week the Amherst Pelham Regional School Committee voted 4-3 in favor of the buyout.

So now, theoretically, it's a done deal.

Except RSC member Vira Douangmany Cage is asking the Attorney General to investigate the matter.  And/or it only takes 10 teed-off taxpayers to file a class action lawsuit in Hampshire Superior Court
.

 Mike Morris appointed acting Superintendent

The Amherst Pelham Regional School Committee then went into executive session to negotiate a contract with Mike Morris to become Acting Superintendent, and to approve the executive session minutes over the past four sessions amounting to just over 11 hours of secret meetings.

Chair Laura Kent said it would be 45 minutes.  The Committee finally came back into public session around 9:15 PM -- after THREE HOURS -- but said they would not release the executive session minutes tonight.

   Audience at 6:15 when RSC went into executive session

OML Complaints Piling Up

Maria Geryk is seeking $309,000 to buy out last two years of her contract

The Amherst Pelham Regional School Committee is planning to go into executive session on Wednesday for the 5th consecutive meeting, only this time to approve the minutes from the previous four session so they can be released to the general public, and to discuss the Open Meeting Law complaint filed by Michael Hootstein on August 1st.

Well now they will have even more to discuss concerning that complaint because Mr. Hootstein has filed yet another seeking an overturn of their 4-3 vote last week to pay Superintendent Maria Geryk $309,000.

Furthermore, he is requesting the Attorney General fine RSC Chair Laura Kent and Amherst School Committee Chair Katherine Appy $1,000 for willfully and knowingly violating the Open Meeting Law.

 In addition he seeks release of an email from Maria Geryk distributed but retrieved by attorney Tom Columb, an associate of attorney Giny Tate, at the first executive session July 13 meeting where she presented her demands with assistance from Giny Tate who is the Regional School Committee's legal counsel.

   Another Public School OML Complaint

Controversial Deal Requires DO OVER

Laura Kent (right) first elected to Amherst School Committee 3/29/16

Union 26 will have to try once again to settle the controversial matter of Superintendent Maria Geryk wishing to break her contract and collect $309,000. 

Last night the combined Committees voted 5-3 in favor of the deleterious deal but Union 26 did not have a quorum and therefor should not even have been called into session.

Union 26 will try again on Monday, August 15th, probably in a secured bunker.

#####

On Aug 10, 2016, at 4:14 PM, Larry Kelley <amherstac@aol.com> wrote:

Hey Laura,

Are you going to call another joint meeting of the RSC and Union 26 to redo the vote on Maria Geryk's separation agreement? 

I'm about to file an Open Meeting Law complaint with you over last night's meeting not having a quorum of Union 26 members, but will hold off if you are in the process of "doing over."

Larry


From: Laura Kent
To: Larry Kelley
Sent: Wed, Aug 10, 2016 5:01 pm
Subject: Re: Last night's boo boo

Hey Larry,

Thanks for the email before doing that. I really appreciate it-  I talked to the Attorney Generals office this afternoon.  It is an honest mistake, I thought with Tara Luce recusing herself the body would sit at 5 and three of us present (4 voting).  The members of the Union are as follows: Tara Luce (Pelham Chair), Darius Modestow (Pelham Vice/ Union #26 Chair), Trevor Baptiste (Pelham Secretary), Katherine Appy (Amherst Chair), Phoebe Hazzard (Amherst Vice) and myself (Amherst Secretary)- 6 total.

There is a "rule of necessity" where Tara could have removed her recusal to meet quorum but I was unaware of that (from Ethics/Conflict of Interest law). I also have not heard or had any communication with her during this whole matter.

Darius is scheduling a meeting of the Union Monday morning and I will be having a Regional School Committee meeting on Wednesday at 6.  I am finalizing the RSC agenda right now and will get that off soon.  The votes of the RSC (quorum present) would be 4-3 from last night.

Thanks also for coming last night and staying post executive session, I know it was another long one.  If you have any other questions, please let me know.

Laura

Do Over!!!

Only two members of Union 26 were present last night

Last night was supposed to be a joint meeting of the Amherst Pelham Regional School Committee and Union 26, so with 100% attendance it would include 12 individuals.

But only seven bothered to show up for the Last Supper and another one -- Katherine Appy -- appeared via "remote participation" which means she does not count towards a quorum.

Since six of the seven were Regional School Committee members that constitutes a quorum for that body.

But Union 26 was not even close to a quorum (only 2 of 6).  According to Debbie Westmoreland, assistant to the (now dethroned) Superintendent:

"Union 26 is made up of the three officers (chair, vice-chair and secretary) from the Amherst and Pelham School Committees, so it is currently Tara Luce, Darius Modestow and Trevor Baptiste for Pelham and Katherine Appy, Rick Hood and Phoebe Hazzard for Amherst." 

While Rick Hood was in the room he is no longer a member of the Amherst School Committee so therefor cannot be a member of Union 26.  Katherine Appy was using "remote participation" which state law says you do not count towards the quorum and Phoebe Hazzard and Tara Luce were MIA.

This HUGE oversight certainly demonstrates how the School Committees were distracted by their  headlong rush to judgement.

   Maria Geryk ARPS Superintendent contract by Larry Kelley on Scribd

Note her contract is signed by Union 26 and Regional SC Chairs

The Other Shoe Drops

Aisha & Raheli Hiza:  Banned in Pelham

UPDATE:  The RSC voted 5-3 to give Maria Geryk a $310K buyout.  Ouch!

####

Before our embattled, diffident Regional School Committee rubber stamps Maria Geryk's $300K platinum parachute they may want to consider another major lawsuit in the making.

Yes, Ms. Hiza has made it perfectly clear she's not interested in money, only justice.

But she will most certainly be appalled at a $300K payout to Geryk, when in fact it was the impetuous implementation of an unjust stay away order that led to her current downfall.

But if the RSC insists on rewarding that bad behavior, Ms. Hiza will most certainly reset her goals to an equal payout for the significant emotional damages inflicted on her and -- most especially -- her daughter.

The old, "Damned if you do and damned if you don't".  So why not do what's right?

   Aisha Hiza Lawsuit in the Making

Secret Sessions Continue

All 12 members appeared for the meeting but 2 of them used "remote participation"

Despite the Open Meeting Law complaint filed against them the night before and over the objection of former Chair Trevor Baptiste the Amherst Pelham Regional School Committee, after 11 minutes of bickering, retreated into execution session for 2.75 hours, calling it a night at 9:00 PM.

This was the third consecutive session (not counting the two that were cancelled at the last minute) the Committee has used the provision of the Open Meeting Law that allows for secret sessions.



Since contract negotiations with Superintendent Maria Geryk -- who still has two years left on her current contract -- was the only issue cited on the agenda the Committee could not discuss her long delayed evaluation, the Open Meeting Law complaint filed against them on Sunday evening or the price of pot in Colorado.

The RSC will meet again on August 9th in open session to, finally, finish up the evaluation of Superintendent Geryk and then retreat back into secret session to discuss the Open Meeting Law complaint.

Yeah, irony.

A Tad Too Secretive?

Amherst Pelham Regional School Committee will meet tonight in ARHS Library

Even before the Regional School Committee convenes this evening for the 3rd straight executive session regarding the fate of Superintendent Maria Geryk, a guardian with a grandchild in the public school system has filed an Open Meeting Law complaint over their secretive behavior.

   School Comm OPM Complaint

Clearly there are problems with the annual evaluation of the Superintendent and clearly the Open Meeting Law states, unlike lower echelon employees in the public schools, all deliberations regarding the Superintendent's job performance must take place in public.

3rd Time The Charm?

Maria Geryk at Select Board meeting in January for Mega School update

For the 3rd consecutive time (plus two that were cancelled last minute) the Amherst Pelham Regional School Committee will meet in executive session to discuss the employment future of Superintendent Maria Geryk.

Since it is a secret meeting with no itemized posted agenda we do not know if it's Maria Geryk who wants out of the remaining two years on her contract (at $150K per year) or if it is the School Committee that wishes to terminate the entire contract or just the extra 3rd year that requires 120 day notice to terminate. 

Although I'm told this is the first time rookie Chair Laura Kent polled members in advance (legally allowed under Open Meeting Law) to ascertain whether they are available to make this meeting. 

The Regional School Committee also formerly adopted "remote participation," so even if members are on vacation they can participate by Skype, Facetime or conference call.

The Superintendent has been under fire for the past four months for issuing a "stay away order" to single parent Aisha Hiza who was pressing school officials to deal with the bullying of her seven year old daughter (and a few other children in the Pelham Elementary School).

 Aisha Hiza at June 13 Select Board meeting

Unlike the District Court system the state allows Superintendents superpowers when it comes to issuing such orders.  But with any great power comes the responsibility to use it wisely.

They've Got A Secret

Regional School Committee and their attorney Tom Columb this evening

The joint meeting of the Amherst Pelham Regional School Committee and Union 26 met in open session this evening at the Regional Middle School from 6:00 PM until 6:04 PM and then retreated into Executive Session until 9:34 PM, even though the published agenda called for only 55 minutes.

Last week they also went into Executive Session for two hours and fifty minutes for the same stated reason:  "To conduct strategy sessions in preparation for negotiations with nonunion personnel."

 Which is of course Superintendent Maria Geryk, the highest paid employee in the town of Amherst.

And yes she still has two years (with an option to renew for an additional year) left on her contract so obviously the "negotiations" they were discussing is not simply a contract renewal.

At last week's meeting the Committee was supposed to discuss and release the Superintendent's annual evaluation due June 30th,  but that was put off until Monday, a meeting that was then cancelled at the last minute.

Since Ms. Geryk was not present either last week or this evening (or at last night's Wildwood School Building Committee meeting) no discussion could take place -- in open or closed session -- of her job performance.

But something pretty darn interesting must have been discussed.  For over six hours now.  In secret.

Wildwood Gone Wild

Wildwood Building Project now expected to cost $33 million in town funds

 

Wildwood Building Committee yesterday afternoon

A day after the Select Board agreed to place a Debt Exclusion Override on the November 8 ballot the Wildwood School Building Committee heard what the possible amount would be:  A lot.

 Presentation to Select Board Monday night

$33 million to be precise, or perhaps the word precise is a tad too precise at this moment.

The Committee also heard about estimates that already came in almost $2 million too high, so the OPM and architects had to delete or reduce items.

 Recent cost cuts

When Assistant Town Manager Dave Ziomek questioned why the building will only be LEED Silver vs LEED Gold certified, he was told that too was a trade off due to cost constraints.

The November 8th ballot question will not have an actual amount but by then a more precise number will be known and the November 14th Town Meeting will need to vote a bond authorization for a precise amount.  That requires a two-thirds vote.

By then the project will only have a 6% contingency built in, so if in the final stages of construction  that gets overrun the additional amount needed will not be funded/reimbursed by MSBA.  Currently the overall reimbursement rate is projected at 50%-55%.

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The town will pay as we go the entire $67 million, but will also get the reimbursements within weeks of submitting bills for eligible costs bringing the total town spending down to, maybe, $33 million but that does not include interest.

Embattled School Superintendent Maria Geryk, a member of the Wildwood Building Committee, was not at the meeting and did not attend the Select Board meeting on Monday night.

The Amherst Pelham Regional School Committee meets later this afternoon in Executive Session for the second time in a week to discuss her future employment.

The Die is Cast

Amherst Select Board

Only figure mentioned last night was "$30 to $35 million"

With almost no discussion the Select Board rolled the dice last night and unanimously voted to place on the November 8th ballot a blank check Debt Exclusion Override rumored to be in the $30-$35 million range.

That is of course if it comes in on budget.  And we know how super reliable government building projects are at coming in on budget.

Since the authorization from the voters simply says the town can have enough money to construct "two co-located schools on the Wildwood site" that means no matter what the projected/estimated amount is, the taxpayers are clearly on the hook for any cost overruns.

The less than dynamic presentation to the Select Board included a brief presentation from the Wildwood Building Committee and Amherst School Committee Chair Katherine Appy, who admitted the School Committee never voted on a formal request to the Select Board regarding the Debt Exclusion Override.

Embattled School Superintendent Maria Geryk was not at the meeting.

The main reason the Select Board is hurriedly placing this epically important question on the the November 8th ballot (although they have until August 1st to do so) is to save $20,000 it would cost to hold a special election.

But long time Town Meeting member and poll worker Hilda Greenbaum pointed out this coming election is going to be overwhelming the Town Clerk's office as it is with the Presidential contest and marijuana legalization question already on the ballot.

And since this is such a vitally important issue, paying $20,000 for a stand alone election a little later in the process, allowing more time for public education,  is a wise investment.

In 2004 the Select Board authorized a Pyramid Override where two stand alone questions appeared on the same ballot, one for a $2 million amount and the other for $1.5 million.  The larger amount failed but the smaller amount passed.

But a Debt Exclusion Override can only authorized a project and not the actual dollar amount.

Which is kind of like sending your spouse out to "buy a new car" without giving them a firm dollar amount cap.

Public Schools Disarray Continues

Wildwood started out a single school renovation but turned into "reconfiguration" with a 2-schools-in-one $65 million new building

UPDATE Sunday night:  As Fox News would say "breaking news".  The Regional School Committee meeting for Monday night has been cancelled.  Things are getting curiouser and curiouser.

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ORIGINAL post:

On Monday night a potentially earth shaking Regional School Committee meets for their "retreat" at ornate Valentine Hall while a couple hundred yards away the Amherst Select Board will also take up discussion of another somewhat historic school related issue, whether to place a $30+ million Debt Exclusion Override on the November 8th ballot for the construction of the $65 million Mega School.

This would be only the second time in history an Override question has gone to the voters prior to a Town Meeting vote, which requires two-thirds super-majority to pass.

Yes, I'm going to have to figure out how to clone myself in the next 24 hours.

But the simple fact these two important meetings are happening at the same time underscores the hasty, not-overly-well-thought-out situation our elected public officials find themselves in at this defining hour.

 Maria Geryk at June 14th RSC meeting, her last public appearance

According to Maria Geryk's $150K annual contract she should have received her School Committee evaluations -- which are supposed to be a "public" process -- by June 30th.    And she has to be present in the public meeting for the evaluation discussion to take place.

Thus the most recent July 13th meeting where her evaluation was on the agenda that discussion could by law not have taken place since Maria Geryk was Missing In Action that night.

 June 14th RSC meeting where Laura Kend ousted Trevor Baptiste as Chair

In fact under questioning from former Chair Trevor Baptiste rookie Regional School Committee Chair Laura Kent admitted the individual evaluations were not even available that night so even if Ms. Geryk was at the head table the Committee was ill prepared for that discussion to take place.

I asked Ms. Kent on Friday morning if Superintendent Geryk would be present Monday night and as of yet have not received a reply.

Click to enlarge/read

The Amherst Select Board has the ultimate authority to place an Override question on the ballot, so it's not highly unusual for them to have that on their agenda, although it has not happened in the last half-dozen years.

However, the Select Board is doing it as a favor to the Amherst School Committee who never officially asked them to do it via a Committee vote.

And up until now even though they have had a couple updates from the Schools regarding the Mega School, the Select Board has had zero discussion about this important expensive matter.

Monday night could be a very l-o-n-g meeting.

Another School Committee Fiasco?

Joint School Committees in open session

Joint School Committees in closed session

After a contentious ten minutes in open session where member Trevor Baptiste lamented "I've had my full of threats, and would prefer any threats happen in open session," the joint meeting of the Regional, Amherst and Pelham School Committees retreated into Executive Session for what we were told would be about "an hour."

Almost THREE HOURS later they came out of Executive Session and the open session continued for only another twenty minutes before adjournment.

 Attorney Tom Columb (who replaced retired Ginny Tate) attended both open and closed sessions

Regional School Committee Chair Laura Kent (the head honcho chair of the three committee chairs present) specifically said they were NOT discussing School Superintendent Maria Geryk's evaluation and that would be done in open session as required by state Open Meeting Law.

So what the Hell did they discuss for almost three hours with their attorney Tom Columb present?

Maria Geryk's current contract has another two full years left on it (with an automatic extension of one addition year), so obviously they were not simply talking about a routine contract renewal.

   Maria Geryk ARPS Superintendent contract by Larry Kelley on Scribd

And, it would have been a gross violation of Open Meeting Law if they did discuss the recent controversy of the "stay away" order Ms. Geryk arbitrarily issued against parent Aisha Hiza back in March, which has caused an avalanche of bad press.

Either way the combined School Committees meet again on Monday for a "retreat" but will discuss in open session the twice delayed evaluation of Superintendent Maria Geryk.  Providing of course she shows up for that meeting.

Former School Committee member Amilcar Shabazz waited 3 hours to comment

Since Ms. Geryk has to be present for such a discussion and she was notably absent last night, the School Committees could not have discussed her evaluation anyway even if they had come out of Executive Session much earlier.

But hey, at least I discovered art while wandering the halls of the High School: 

Crocker Construction

Crocker Farm access road yesterday (playground top left)

Work has begun on expanding the parking lot at Crocker Farm Elementary School to add 30-35 new spaces, and a couple of maple trees paid the ultimate price.

Crocker Farm four years ago (trees planted in 2002 renovation)

The renovation work is not necessarily linked to the school grade reconfiguration plan that would make Crocker Farm an early childhood education center (preK-1st grade).

The school currently is at capacity and expanded parking was identified (and the money appropriated) back in 2012.

 Crocker Farm School, built 1974 but renovated 2002 to a total of 90,800 square feet

In addition work on the new ($240K) ADA complaint playground has also commenced:

Changing of the Guard

Regional School Committee Laura Kent, center

The Amherst Pelham Regional School Committee "reorganized" last night unanimously ousting outspoken (almost) two year Chair Trevor Baptiste from Pelham in favor of Amherst rookie Laura Kent who was only elected to her Amherst School Committee seat ten weeks ago.

The Region consists of four towns -- Amherst, Leverett, Pelham, and Shutesbury -- but Amherst provides 80% of the students and funding so Amherst representatives make up 5 of the nine Regional School Committee seats.  Their budget this year is $30 million with a per pupil cost of $20,000.

Pelham School Committee Trevor Baptiste center

Apparently Mr. Baptiste's latest faux pas was to allow Public Comment on the Aisha Hiza affair at the April 12th meeting where community members and fellow ARHS grads read aloud a letter of support demanding due process over a stay away order issued to her on March 15th by Superintendent Maria Geryk.

Since that restraining order encompassed not just Pelham, where Miss Hiza's young daughter attends elementary school, but the entire Region -- social justice advocates figured they had a perfect right to bring it to the attention of the Regional School Committee.

Interestingly last night's Public Comment was dominated by highly paid school administrators singing the virtues of Superintendent Maria Geryk.  

The sad story has since taken on a life of its own, generating heated comments on social media, newspaper editorials and providing yet another distraction from the core mission of our public schools:  education.

Two Sides To Every Story

Peter Hechenbleikner and Alisa Brewer at last night's SB meeting

At last night's Select Board meeting, after confirming a new Town Manager, Chair Alisa Brewer brought up the school issue that has caused consternation over the past ten weeks and has now grown into a full fledged public relations nightmare.

School Committee member Vira Douangmany Cage issued Amherst and Pelham officials a vitriolic statement urging them to address the Aisha Hiza school stay away order as a social justice issue.  And to remain silent is to endorse the injustice.

After a brief discussion the board asked Temporary Town Manager Pete Hechenbleikner to write up a response for their June 6th meeting although Ms. Brewer seemed to suggest a resolution of the matter may happen before then.

In response Mr. Hechenbleikner said, "Select Board is not privy to a lot of the details.  If social injustice is being done then silence is not appropriate.  I know more than the Select Board, and there’s no social injustice being done."

Aisha Hiza begs to differ:

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School Committee Coup D'etat?

Trevor Baptiste (right), Superintendent Maria Geryk (left)

The first half hour of last week's Regional School Committee meeting was taken up by an attempt to "reorganize" the Committee i.e. vote in a new chair, coincidentally enough to replace one who is on Maria Geryk's enemies list.

During Public Comment at the RSC April 12 meeting Mr. Baptiste allowed friends, supporters and fellow ARHS grads to read a letter decrying Aisha Hiza's ban from all Regional school grounds for advocating on behalf of her bullied child.

Some members and school officials thought it was out of order since the incident originated at Pelham Elementary School which is not part of the Region and therefor beyond the purview of the Regional Committee.

Geryk started the meeting as Chair and immediately wished for them to "reorganize."   Chair Trevor Baptiste was having none of it and the bickering began.

Geryk was relying on a previous tradition where the Region would reorganize after local town elections as well as state law that says committees must do so within ten days of said elections, which happened more than a month ago.

But Baptiste pointed out that law does not apply because the Regional Committee is not elected they are appointed by the local school committees and his town, Pelham, has yet to appoint one of their members to the Region.

Amherst School Committee Chair (and automatic member of the Region) Katherine Appy pressed for the reorganization although she told Mr. Baptiste it was nothing personal.  

Interestingly at yesterday's Joint Capital Planning Committee meeting, composed of two members each from the Finance Committee, Select Board, Library and School Committee, one School Committee member was MIA.

 Joint Capital Planning Committee yesterday (minus one School Committee member)

Ms. Appy told the JCPC that Rick Hood had not run for reelection in the March 29 election and the School Committee (which has met twice since then) has not yet appointed one of their own to replace him on the JCPC.

With neither side seeming to budge a compromise motion was made and approved to have the Regional School Committee reorganization take place at their June 14th meeting, and by then Pelham would have appointed a member to the Region.

I'll be bringing popcorn to that meeting (and a fire extinguisher).