What's Yours Is Mine

Modular classrooms back in March

Yesterday

UMass, acting as The Grinch, gave Amherst an early Christmas load of coal by destroying the town owned $215,000 portable classrooms installed behind the School of Education, aka the former "Mark's Meadow Elementary School."

Interestingly the town is still paying off the ten year $215K loan on the classrooms, which were never actually used as classrooms.  Clueless Town Meeting almost unanimously authorized the expenditure in 2007, but Mark's Meadow closed down in 2010.

According to Superintendent Maria Geryk the downsizing saved $850,000 in the town's elementary budget, but was bitterly opposed by parents and some town officials with children attending Mark's Meadow.

School Committee member Catherine Sanderson became a combination Wicked Witch of the West & Joan of Arc (aka burned at the stake) for her leadership role in shuttering Mark's Meadow.

But these days even Superintendent Geryk uses it as an example of why the town should consider mothballing the Middle School building and relocating/consolidating students into the High School.

On Monday night the Select Board, with no input allowed, approved the Interim Town Manager signing a "Strategic Partnership Agreement" with UMass that for the first time in history pays something towards the 56 children from tax exempt UMass housing attending our public schools, at an estimated cost of $1,267,000.

Of course that something is a lousy $120,000 or less than ten cents on the dollar.

Amherst School Committee Cannibals

 Geeze for a moment there I thought I was watching a Catherine Sanderson era School Committee meeting, where free expression reigned ... until the system crushed the rebellion.

For context sake:  Regional School Committee members (those who wished to) responded to  presentations by senior ARPS Admin staff regarding "School Improvement Plan." Some of them were ever so mildly critical.  Mr. Fonsh, Committee Chair, took great offense.  A tad too easily.  

Could be worse

Former Mark's Meadow Elementary School.  Returned to UMass

With the elementary schools once again facing a budget deficit of just over $200,000 and the white elephant modular classrooms at the former Mark's Meadow Elementary School safely refinanced and swept back under the rug, I thought it perhaps timely to look back on the most contentious issue of the past decade:  Closing Mark's Meadow Elementary School.

Three years ago, then interim Superintendent Maria Geryk told the School Committee:  "At this moment in time, given the information we have, given the time-frame we have, I would not personally go down that road."

According to the  3/4/09 Gazette (one of the last articles penned by Mary Carey.  Emphasis added):

Some of 60 or more parents who attended the meeting clapped after hearing that view, and some School Committee members agreed the district should beware of doing anything so decisive prematurely. "I'm delighted we're being so cautious and careful," School Committee member Elaine Brighty said.

Recently, in response to my public info request, Kathy Mazur, ARPS Director of Human Resources, wrote:

"Regarding the closure of MM, we had initial, conservative estimates of about 500K to close the school.  At the time, I was closely involved with the planning, and I was confident the amount would be higher than the 500K.  When we actually closed in preparation for the 10-11 year, the amount of realized savings was a bit over 800K.  However, that year we had just 63 classrooms in the 3 remaining schools.  This year, we have 69 classrooms."

She continues:

"It is difficult now, to make a solid determination of what is being annually saved.  Since we have more classrooms now than we did that first year, you might conclude that those additional 6 classrooms cannot be counted toward annual closure savings.  If you agree with this, then you would have to subtract about 360K from the original savings just for the classrooms.  With the additional classrooms also comes additional support (FTE) in the areas of aesthetics, SE, etc.  What we can state for sure is that we annually save the cost of a building principal, 2 secretaries, a librarian, a nurse, a guidance counselor, custodial staff, and probably some paras.  Roughly, the real $ savings at this point is under $300K."

But here are the figures the administration presented to the School Committee three years ago:

Reduction in district classrooms from 67 (FY10) to 64 (FY11) $162,000
Reduction of principal and 2 secretaries $170,000
2.5 custodians $55,000
1.0 ELL teacher $54,000
1.0 Special Education teacher $54,000
1.0 Intervention teacher $54,000
1.13 paraprofessionals $15,000
1.0 LPN $35,000
1.0 librarian $54,000
1.0 IA paraprofessional $20,000
 

Total Reductions $673,000

Hmm...Just the reduction of the principal, 2 secretaries and 2.5 custodians ($225,000)--when you add in employee benefits--would easily hit $300,000. 

But even if the lower figure is accurate, the huge $200,000 hole the schools are currently in would be a $500,000 canyon.  And that's exactly where we would now find ourselves if not for former School Committee member Catherine Sanderson becoming a Joan of Arc to lead the charge in a unpopular crusade. 

Of course, like her patron saint, Ms Sanderson was roasted at the stake.

Counterattack!

Cutting Bully Columns

UPDATE 5:05 PM Friday:
See Comment at 5:02 PM today from Bart Hollander, Catherine Sanderson's husband.

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Catherine Sanderson, as usual, hit a nerve with last week's column in the venerable Amherst Bulletin questioning the glowing evaluation the Regional School Committee bestowed upon Amherst School Superintendent Maria Geryk by highlighting those inconvenient truths about the high cost of education in Amherst with mediocre MCAS results, currently the most failing in over a half-dozen years.

This week's Amherst Bulletin has not one but two columns ganging up on Dr. Sanderson, written by three-out-of-four remaining Amherst School Committee members. Interestingly not a peep from any of the four hilltown committee members who presumably were as offended as the Amherst members. Or maybe Amherst has thin skinned public officials--especially now that Catherine Sanderson and Steve Rivkin are gone.

How dare she point out the rosy report was penned by a Pelham School Committee member with a spouse working under the Superintendent!

Massachusetts public officials--both paid and volunteer--are held to a higher standard. It's not called "conflict of interest", it is called the "appearance of a conflict of interest". Kind of like in criminal cases the evidence must prove "guilt beyond a reasonable doubt" vs. civil cases were it is a "preponderance of the evidence."

And having your volunteer spouse critique your highly paid boss clearly has the appearance of a conflict. The state, however, offers a simple solution: disclosure. You know, that thing called transparency--which we see very little of in Amherst.

Some might even argue appointing a high school student to the school committee smacks of an appearance of a conflict. Although we're told by reporter Nick Grabbe that the teacher was joking, newly appointed school committee member Solomon Goldstein-Rose was greeted with "I'm teaching my boss now" by a teacher at the High School on Tuesday.

Yeah, and you damn well better not give him too much homework!

Both columns use the same lame excuse town officials have relied on for 25 years protecting the Cherry Hill Golf Course: Wait until next year. Katherine Appy even manages to throw in liberals favorite boogeyman to blame, President Bush.

Yes, it takes time to turn around a big ship in a sea of molasses. But other nearby towns navigate in the same sea and seem to do as good a job in a far more cost efficient manner. As President Kennedy once said, "A rising tide lifts all boats." And Amherst has a rising tide of red ink.

Neither counter column answers that nagging question of why our cost per student is by far the highest in the area at $16,413 per student while state average is $13,055. Is it too much to ask why we don't get average adequate yearly progress when we pay 20% above average for our system?

Indeed, nobody likes a critic--especially when they're right!

Amherst's Political tragedy of the year

10/29 storm: overall story of the year

Since all politics is local and Only In Amherst is a hyper-local news blog, I'm duty bound to do that routine Main Stream Media thing and--in spite of Satchel Paige's cogent advice--reminisce over the past year, as painful as that may be.

The death of the Gateway Corridor Project, a unique coalition between Amherst, UMass and the Amherst Redevelopment Authority to significantly enhance the main entryway to UMass connecting with our downtown, had the potential to add $75 million in mixed use, high end development to our anemic tax base.

Killed by NIMBYs who feared a resurrection of the notorious Frat Row, which ten or twenty years ago could have served as a location set for an "Animal House" remake. And as an outspoken member of the ARA who never missed one of the dozens of meetings we had over the past year, it's hard not to award this debacle the most important local political news event of the year.

If the local spring election has a Prop 2.5 Override or Charter change of government question, that usually is the political story of the year. But this past election we, thankfully, had no Override or, regrettably, no Charter question, no contested races for Select Board (our highest office) or School Committee (our most revered office) so voter turnout was a pathetic 8.5%.

But still, that election is the backdrop for my political story of the year--only because Catherine Sanderson was not on the ballot. She was battered and bullied into not returning her nomination papers--duly signed by over 50 registered voters--simply because she had the temerity to expose the emperor and empress had no clothes, and did not look particularly attractive naked.

Closing Mark's Meadow (boutique) Elementary School, saving taxpayers hundreds of thousands of dollars annually, alone should nominate her for sainthood.

But her real power to stir the pot like an outboard motor and actually make change (and I'm not even sure she ever realized this) was the power of her blog, that so frightened town officials from Amherst and the surrounding region they actually petitioned the District Attorney to shut it down. My God.

The 10/29 nor'easter starkly reminded us of the awesome power of Mother Nature, and a blog done right is another formidable force of nature. My School Committee Blog was so very right.

Catherine Sanderson

The last campaign

In a beautiful home perched high on a hill overlooking scenic South Amherst friends, supporters and former-enemies-turned-friends gathered tonight to toast Catherine Sanderson--to sincerely thank her for three years of bruising work challenging an entrenched system, asking questions that others feared to voice and suggesting solutions some considered sacrilege...until they worked out for the betterment of our most cherished asset: the children.

Election Post Mortem

Friends, Anons, Bloggers, lend me your eyes; I come to praise Catherine Sanderson not to bury her.

The good that she has done, lives after her...Long live the queen.
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Gotta love the Freudian slip just before the 4 minute mark where she starts to say "neglected representative" of the school committee. You got that right Ms. Theilman. Still, a classy move on your part--and a well deserved one at that.

Senator Scott Brown will probably lose a few votes in Amherst for his nice gesture, and it's not like he was going to get many in the first place.

What if they gave an election and nobody came?

The best PR flack in the business--even the guy who came up with “More doctors smoke Camels than any other cigarette”--would have a hard time selling today's municipal election. B-O-R-I-N-G.

Almost exclusively due to a lack of competition. For the second election in a row, no contest for Select Board--the highest elected position in town government. And since the schools are the only thing that matters to a whopping percentage of the electorate, the lack of a contest for Catherine Sanderson's School Committee seat (at least hers until 8:00 PM this evening) dampened markedly any election buzz.

No lawn signs, post cards, radio ads, bumper stickers, nasty emails, Facebook pages or stand outs in town center. Nada.

Ironically Aaron Hayden is the candidate hurt the most--fortunately not fatally--as virtually all the 'Amherst Center' types who would have flocked to the polls to vote against Catherine Sanderson would have supported Mr. Hayden's reelection to the Amherst Redevelopment Authority for his sane, smart growth approach to enhancing our commercial tax base (thus creating more tax revenues for the schools); the exact opposite of Vince O'Connor's touchy-feely, no-growth-is good-growth attitude.

But I'm still going to write in Catherine Sanderson for School Committee anyway. She deserves the Medal of Honor and a Purple Heart for three long years of banging her perky head against a brick wall. Like the innocent kid who cried out the emperor has no clothes, only in this modern version a royal goon squad then beats the tar out of her.

Chris Hoffman also took some heat last summer for calling attention to the hatchet job underway at the Jones Library, where cutthroat-Carol Gray was setting up long time director Bonnie Isman for a death by a 1,000 cuts with an "evaluation" longer than 'War and Peace'.

Since three candidates are vying for two Library Trustee positions a voter can choose two candidates. I'm going to "bullet vote" for Hoffman, but if you feel it's your patriotic duty to use that other vote then cast it for ANYONE BUT Pat Holland (also part of the hit squad with cutthroat Carol.)

Traditionally Amherst voter turnout for municipal elections held in the Spring is usually an embarrassing 15 to 20% (30% for an Override or Charter change in government ballot question) but the Presidential elections every four years in November always brings out around 75%.

That's Amherst for you: always thinking nationally (or internationally). Today's turnout will be the most pathetic in years, possibly under 10%.

Catherine Sanderson: out of the hot seat

A public apology: the backstory

Amy W February 8 at 12:37pm via Facebook
please remove my name from your blog. it was not intended for your blog. you may use my comments but not my name.

Larry Kelley February 8 1:30 pm via Facebook
Doesn't matter for whom it was intended. It was "published" (with full advance knowledge that it written was for publication) in a VERY public place. Yesterday Ms. Sanderson's blog had more readers than mine.

Amy W February 8 at 1:56pm via Facebook
just please be a decent person and remove my name. you may keep the content. it's a very simple request. thank you.

Larry Kelley February 8 at 2:26pm via Facebook
Maybe you should be a decent person and apologize to Catherine, either on her blog or mine. Preferably hers.

Amy W February 8 at 2:44pm via Facebook
it's not your business if i apologize to her or not. i don't see why you cannot just remove my name. i said you could keep the content. that should be sufficient. or at least remove my last name (you can post amy w.) thank you.

Larry Kelley February 8 at 6:31pm via Facebook
(quoting from Amy W's follow up comment left on Catherine Sanderson's blog): "...if you are a public official and you choose to blog, you end up with all sorts of public comments on your blog. create a problem - suffer the consequences. finally, cathy, today's post made my day!!! thank you for your decision!"

As you said Amy, "create a problem--suffer the consequences".

Amy W February 10 at 7:44pm via Facebook
i apologized on cathy's site. now you can stop having me slandered on yours.

amy w (on Catherine Sanderson's Blog) February 10, 2011 4:35 PM

i wanted to issue an apology for name calling feb 7th on this blog. i was really angry, but in hindsight, it didn't solve anything. i realize now that name calling is not a good role model for our children. my anger was the result of the situation in the school committee and as a concerned parent with a child in the school. i know there are always better ways to channel my anger. i hope people can accept this apology. thank you.

Larry Kelley February 10 at 10:07 pm via Facebook

I removed your name as per your original request

A failure to communicate

10:55 AM (Original Post)
So the B-I-G news today is not who turned in nomination papers for a spot on the March 29 local election ballot but, she who did not. Indeed, now we know for whom the bells toll. They toll for all of us who care about accountability and transparency in our expensive system of governance--particularly for those who work incredibly hard to better the Amherst schools for all our kids.

For almost three years Catherine Sanderson has been a lightening rod for controversy--all too often resulting in an avalanche of rude public comments within earshot of a husband and children. Thus, she's decided to take a breather, step back from the breach, let somebody else lead the Charge of the Light Brigade.

In other words she will not seek, nor will she accept the nomination to Amherst School Committee for a second term. A dark day indeed for those who respect the rays of sunlight she brought to a system that prefers operating in the shadows.
######################################

Take this for example, posted yesterday on Catherine's blog:

catherine sanderson - you are an embarassment to this commmunity. your arrogance and self serving behavior are unconscionable. you had an agenda prior to the search - you wanted an ivy trained PhD and would settle for nothing less. you don't listen to your constituents either. many SC members mentioned that maria had overwhelming support from parents, community members AND staff. you ignored all of it. you are a disgrace and i hope your loss in the upcoming election is HUGE.

as for comments about you being outspoken, you are not outspoken. you are a BULLY. you only do things for your own ego - not for the common good. you didn't even look at maria during her interview. for all i know, you were doodling on your notepaper the whole time. i never saw you look her in the eye. how can you possibly know what she had to say if you weren't even listening????

you are a LOSER.

February 7, 2011 11:28 AM

##########################################

UPDATE: 5:45 PM So no competition for the two open Select Board seats or the School Committee seat now occupied by Catherine Sanderson in the upcoming election. Seems like Amherst is a $65 million enterprise that nobody wants to actually compete to oversee. A race for the two Jones Library Trustee seats, but they only absorb under 2% of the overall budget. Only in Amherst.

Expanding my audience

UPDATE: 9:35 AM

So my radio debut went well if I do say so myself. As usual, the only problem is not enough time or bandwidth to properly discuss "All things Amherst." I had planned to highlight four hot button issues (any one of which could end up being the issue of the year) and really only managed to work in two of them: the impending Superintendent search decision and the somewhat intertwined School Committee race between upstart incumbent Catherine Sanderson and newcomer Katherine Appy.

Did not have the time to touch on the other two, Umass related, issues: Blockading Lincoln Avenue access to Umass for the first time in 150 years; and the Gateway Project, an ambitious significant infrastructure upgrade dressing up the main entryway to Umass formerly stained by the slummy presence of Frat Row.

Oh well, there's always next week.
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ORIGINAL POST: Wednesday night
So tomorrow morning I start my weekly gig at WHMP radio with a 7:40 AM eight minute segment on Chris Collins Morning News broadcast talking about "All things Amherst." I've always loved radio because of the immediacy--kind of like the Internet.

Fifty years ago my mother routinely set the clock radio alarm to WHMP during school days to rouse us in the morning (and during the winter hoping for a school closing announcement, as she was a public school teacher in Easthampton.)

So I would almost always awaken to the sound of the legendary newsman with a golden voice, Ron Hall.

Let the battle begin

UPDATE 3:44 PM I just hit 500,000 page views. I'm going to Disney World!

ORIGINAL POST 9:45 AM

Praise the Lord and pass the (verbal) ammunition, the Amherst School Committee race in the People's Republic just became downright interesting. We got us a contest.

And isn't that what democracy is all about?

Plus the difference between the two is downright stark--even though both are highly-educated white woman, married, with kids in the schools.

One is a crusading reformer, fearlessly forcing our bloated education system to take a hard look in the mirror and realize how bloated and ineffectual the once venerable system has become; while the other candidate is an apologist for the tired, expensive, business-as-usual scenario.

The Daily Hampshire Gazette reports (late as usual)

Don't bother the Juggernaut!

Trailer for sale or rent. Mark's Meadow abandoned classrooms.

So as I've mentioned many times before, Umass generates over 50 school-age children from their tax-exempt housing (including Chancellor Holub's ornate house) impacting the Amherst Public School System at a per head cost of over $16,000 with zero remuneration.

Yet, according to the 5-year Town/Gown "strategic agreement" signed four years ago:

“If, in the future, the Town builds a new elementary school and vacates the Mark’s Meadow facility, the Town, AES, ARPS and the University will negotiate a new agreement in which the University may reimburse the Town for a portion of the net costs of educating students living in University tax-exempt housing. "

Well, last I looked not only has Mark's Meadow been vacated and returned to Umass, but we also left behind never-really-been-used modular classrooms that cost Amherst taxpayers $215,000 only a few years ago.

Furthermore, last week our School Superintendent informed (after the fact) the School Committee that she had authorized donating $96,000 to Umass for a "training partnership." I'm still trying to find out what we are actually getting for our money?
###############################
amherstac@aol.com> 11/19/2010 1:44 PM >>>
Hey Rob,
Could I please get the document showing how/where Umass spent the $96,000 for a training partnership using ARRA funds given to them by Amherst schools?

Thanks,
Larry Kelley

From: Rob Detweiler
To: amherstac@aol.com
Cc: Maria Geryk
Sent: Mon, Nov 22, 2010 7:54 am

Hello Larry,I have forwarded your request to the attention of the Superintendent. Hope you enjoy your day.

Rob Detweiler,
Director of Finance and Operations


Thanks Kathy, correction made. Now not to be a complete pain in the butt on a Friday afternoon, but could I also get the number of teachers in the Amherst School System who took advantage of the "free" education courses at Umass School of Education last Fiscal Year? Maria said at the most recent SC meeting the $96,000 we donate annually to Umass School of Ed goes towards grant writing and education/training courses for Amherst public school teachers.
Larry


From: Kathy Mazur
To: amherstac@aol.com
Sent: Fri, Nov 19, 2010 12:54 pm
Subject: Re: Public Document Request

I will ask Maria about the "in kind" services you are referring to. One thing though, this was a one-time payment of 96K for a training partnership using ARRA funds. It's not donated annually.

Kathy


From: amherstac@aol.com
To: cmccormick@educ.umass.edu
Sent: Fri, Nov 19, 2010 1:02 pm
Subject: Public Documents Request

Hi Christine,
Sorry to bother you on a Friday afternoon but could I please get a breakdown (rough is fine) of how the School of Ed spent the $96,000 the Amherst Public Spends expended for the "partnership to support teaching and learning"?

Thanks,

Larry Kelley

From: Christine McCormick
To: amherstac@aol.com
Sent: Mon, Nov 22, 2010 3:01 pm
Dear Mr. Kelley,

Thank you for your interest in our partnership. We are very excited about this collaboration. Last Friday when you sent your email inquiry, the School of Education was focused on ensuring the success of the major event described in the notice below. I am only in today for some key meetings and will be traveling tomorrow to spend Thanksgiving with family. In the meantime, I would encourage you to contact Dr. Rebecca Woodland, who will be glad to fill you in on the accomplishments of this partnership.

Christine B. McCormick
Dean, School of Education

Change indeed

So the Gazette today reports the Amherst Chamber of Commerce doling out their annual awards at an upcoming expensive dinner party and former Amherst Bulletin 'Amherst Center' columnists Baer Tierkel, Andy Churchill and Clare Bertrand are receiving the "change agent award."

Not bad considering they were cut from their rotation at the Amherst Bulletin for failing to disclose conflicts of interest during the election last spring. And about the only "change" they will be tenaciously gerrymandering this coming election is to defeat Catherine Sanderson for School Committee.

If you can't beat 'em

So Michael DeChiara, the Shutesbury school committee chair who complained to the DA about public officials who blog--a thinly veiled attempt to censor Catherine Sanderson's School Committee blog--is now involved as technical consultant with a new blog promoting the schools.

A thinly veiled attempt to counter Catherine Sanderson's well established, popular blog that has a bad habit of calling them as she sees them.

No doubt this new blog--along with the "Vote yes for Amherst" yahoo listserve--will be used to hammer Ms. Sanderson in the School Committee election this spring. Fortunately, Ms. Sanderson has a bigger hammer.

Shake up in the Regional School Committee

Sir Richard Hood (rt) Baer Tierkel--the Wizard behind the curtain (left)

UPDATE: Friday 7:15 AM

So Mr. Hood (guess I can't call him "Ricky Boy" anymore) is now Regional School Committee Chair after only a few months as member of the venerable Amherst School Committee (and by extension a member of the Region) thus culminating the fastest rise to power since Princess Stephanie assumed the throne of the venerable Amherst Select Board. Must be the power of their blogs.

The vote was 5-4 so Mr. Hood voting for himself made THE difference (all his colleagues on the Amherst School Committee voted for Irv Rhodes.) Catherine Sanderson was voted to remain as Vice Chair by the same 5-4 vote.
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Original Post early Thursday evening
So Regional School (Amherst, Leverett, Pelham, Shutesbury) Chair Farshid Hajir, after only a year at the helm, is about to be replaced because his fellow Leverett School Committee members did not reelect him as representative to the Region this past Monday; although he will stay on--as Chair of course--until tomorrow night when a new Regional Chair will ascend the throne, quite possibly Amherst School Committee newbie Rick Hood, who was recently by cited the Northwester District Attorney for using email to violate the Open Meeting Law.

Apparently Amherst's most seasoned representative and current Regional Vice Chair Catherine Sanderson, is a tad too uppity.

Media relations: scorpion and the frog

An Anon source used Public Documents Law (although they would have had to I.D. themselves in the original request) to acquire email exchanges from public officials in the venerable Amherst Regional School system.

Yeah, you would think by now they would know better.

I suspect it was the same Anon who asked me a while back how to do such a request (and they wondered if only bloggers and print journalist are entitled to such a magic wand). If so, I'm glad I gave them the exceedingly simple 'how-to' instructions.

They anonymously snail-mailed the results to a friend who, in turn, snail-mailed them to me. And I kind of wish I had them a week ago, so I could have incorporated them into a "final paper" for my online journalism ethics class.

The infamous A-Rod affair:

As some of you may remember, I broke the story of highest paid School Superintendent Alberto Rodriguez taking abundant time off (with pay of course) by publishing the document he casually tossed to the School Committee at the 2/9 School Committee meeting outlining his upcoming days off, vacation and sick time; and then only 8 days later, I broke the story of his sudden departure.

And yes, journalistically speaking I only had one solid source--but it was ultra-solid (and a secondary, slightly squishy, source for corroboration.) The Gazette eventually caught up four days later and they too only had one solid source for their front page story.

But they beat me cold turkey on the A-Rod strikes back front page above the fold story a few months later, moments after A-Rod picked up his final check from the taxpayers of Amherst, where he wanted to "set the record strait" by lambasting the town and highlighted his "accomplishments" over a very short, expensive, tenure.

The June 9 article headlined "Ex-School chief fires on Amherst, questions commitment to diversity, change" by Nick Grabbe, played the classic he said/she said with A-Rod hammering the schools, Regional School Chair Farshid Hajir defending the schools honor and transparently loquacious School Committee member Catherine Sanderson agreeing with the former Super's important points.

All very interesting in a Peyton Place sort of way. No wonder it made the front page, above the fold and was jealousy guarded by the Gazette during production. It also stimulated some fascinating behind-the-scenes emails.

Michael DeChiara, chair of the Shutesbury School Committee (yes, the same one who wants to shut down public officials who blog--mainly Catherine Sanderson) emailed the Gazette:

"In the on-going coverage of Amherst schools, I along with others have come to wonder about the objectivity of reporting by Mr. Nick Grabbe. Today's June 9 article give further rise to speculation that the Gazette has become a mouthpiece for one particular view from the Amherst school committee. This is concerning given the responsibility newspapers have to reasonable coverage and the Gazette's role in the community. I would hope internally there is some discussion about how to address serious issues in a way that promotes public discourse rather than ends up fanning flames by promoting one-sided stories."

And if that was not a mouthful, he continues. "Why was a statement from a possible disgraced Superintendent who held the position for only 8-months receive 'front page, above the fold' coverage if not to highlight issues that promote one side's agenda?"

And then of course we get to the real source of his irritation: "Why is Ms. Sanderson repeatedly quoted rather than the Chair of the committee, Irv Rhodes? While it is known that Ms. Sanderson is a regular source for Mr. Grabbe, given that this is an article about the Supt. one must wonder thy the Chair was not asked to respond."

Yeah, like committee chairs are right up there with God.

Mr. DeChiara also forwarded the missive to Regional School Chair Farshid Hajir who instantly responded:

"Here are some facts I plan to include in a letter to the Gazette to be published; if they don't do it, I will send it to the Republican.

Grabbe sent me the Alberto polemic only under the condition that I would discuss it with nobody, he specifically said if I discuss it with the school committee he would refuse to quote me in his article and he would refuse to allow me space to respond to the article."

He continues, and once again we get to the crux of the irritation: "At no time did Grabbe drop any hint that he had shown it to Catherine Sanderson or any other member. He told me that he had shown it to me as chair of the region so he could get an official response, that he trusted my word."

Although in closing Hajir does admit, "In retrospect, I dropped the ball on this: I could have secured a promise from Grabbe that he would not talk to anyone else, but I just didn't think of it because he was being so secretive and because she is not the chair of anything. I should not have underestimated the coziness of their relationship."

Let's hope Mr Hajir has learned a valuable lesson: never play poker for money until you know the rules of the game.

Mr. Grabbe's article

First Amendment blog assault continues...

So School Committee Chair Michael DeChiara has not seen his name in print for a few weeks and conveniently decided to continue stoking the fires of censorship by sending a follow-up missive (this time only signed by His Majesty and not the other 4 School Committee Chairs) to the District Attorney attempting to rebut the rightfully concerned ACLU counter-letter that garnered equal headlines to his initial PR ploy.

Okay, fair enough. But one thing you probably should not do in a letter to the DA, who is after all an attorney, is to admit you are "not a lawyer and cannot offer case citations," but then go on to suggest the ACLU lawyers who are lawyers--and well respected ones at that--did "not read the 5/18/10 letter carefully."

DeChiara whines, "Because many of us perceive the possibility of a conflict between Freedom of Expression and Massachusetts' Open Meeting Law it is my/our public belief that many of us are that many public officials are self censoring; limiting their freedom of expression as a result of murky legal waters."

Oh really? So who are all these public officials holding back their desire to found a free blog on Blogger or Wordpress because they fear violation of state law? Can you name one or two? And last I looked the state of Massachusetts has one of the weakest Open Meeting Laws in the nation--as individuals do not get fined for (intentional) violations, so they certainly don't have to worry about ever going to jail.

So if a current public official is that timid to hold off on founding a blog because state government has not issued "Blogging and Open Meeting Law for Dummies," then chances are their blog would be boring as Hell and nobody would read it anyway.

The state Open Meeting Law, as toothless as it is, was enacted to ensure public discussion takes place in public; it's the intentional, deliberate circumvention that should concern citizens--not the once in a blue moon unintentional serial discussion where one board member bumps into another at the grocery store and comments about an issue before them and then that member bumps into another at the Dunkin Donuts and regurgitates the brief comments.

But on a blog, EVERYBODY can look over your shoulder and bear witness to the conversation--all of it time date stamped!

I'm glad DeChiara professes to "wholeheartedly supports the ideas and values behind government acting 'in the sunshine'. However, without clear guidelines from the District Attorney, this is not possible."

Hmm...the First Amendment is a Federal Law enacted to prevent government--even lowly town government--from restricting the rights of 'The People and The Press' to voice their opinions. Asking a (state) government agent for "clear guidelines" about free expression is kind of like asking the fox to come up with organizational rules for the henhouse.

And yeah, I kid you not, he even signed off with:

"Michael DeChiara
Shutesbury, MA
An elected public official seeking guidance from my government."

(Although to his credit, he did at least forward a copy to the ACLU--but not to School Committee blogger Catherine Sanderson who is the obvious target of his egotistical ire.)

Score (another) one for the blogosphere!

6:15 AM (Tuesday) So the print Gazette put this ACLU spanking of school committee chairs for trying to censor blogs story on the Front Page--but, alas, below the fold. My friend Vladimir Morales hogged the above the fold location with an article about him getting the Select Board to endorse a boycott of Arizona (geeze, like how hard was that to do?) Just another typical 'Only in Amherst' idea, so naturally it attracts undue media attention.
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9:25 PM Gazettenet just put up tomorrow's edition of the Daily Hampshire Gazette and it contains a "guest column" by Michael DeChiara, chairman of the Shutesbury School Committee defending his idea to get the DA to issue a (restrictive) guidebook for public officials daring to use the open transparency and power of the blog.

The ACLU counter-letter railing against that Free Speech chilling idea could not have come at a better time. Let's hear if for the cavalry!
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1:15 PM (hot copy)

Those White Knights of Freedom, the ACLU, has come to defense of the blogosphere--or at least Amherst School Committee member Catherine Sanderson's piece of it--with a common sense official letter of concern to the local District Attorney who was recently asked by five School Committee chairs to provide a legal opinion potentially shutting down the freewheeling discussion that takes place on blogs if maintained by public officials--that as an Amherst Redevelopment Authority member include me.

They share the tremendous concern of all of us who value the freedom and New World Order brought on by that great equalizer for Democracy, the Internet.

According to the dispatch signed by William Newman, Director ACLU western Massachusetts Law Offices and his legal partner Thomas Newman, "The Supreme Court has been unwavering that expression on public issues rests on the highest rung of the First Amendment values."

They also point out that which should be pretty obvious: "Blogs are completely open to the public for inspection and response. And where there are no secret meetings or deliberations by a quorum, there is no violation of the Open Meeting Law."

Even more to the point: "The goals of the Open Meeting Law, we suggest, are enhanced, not jeopardized, by the use of blogs by public officials, who invite public comment and debate and allow an elected official to state his or her views and to invite criticism and comment, much as elected officials regularly do when newspapers ask for , and then report, comments and positions of elected officials on pending issues."

And they conclude with "We urge the greatest caution in any formulation of the Open Meeting Law that might tend to compromise the guarantee of the First Amendment."

Or to quote Scottish Braveheart William Wallace's dying word (at least as enunciated by Mel Gibson): FREEDOM!

My initial breaking of this story

The Bully Reported (better late than never)

"Watchdog" awakens!

From: amherstac@aol.com

To: Mdechiara@gmail.com; farshidhajir@gmail.com
Sent: Wed, May 26, 2010 10:18 pm
Subject: Public Documents Request

In the PDF of the letter signed by five School Committee Chairs sent to the DA requesting a ruling on public officials who have blogs posted on the Shutesbury internet listserve, under the "permissions attached" pages, Farshid Hajir reads: This letter to Cynthia Pepyne looks great; I would like to sign on. My comments:

But then after the colon there are no comments.

Could I please be provided with a copy of those comments which seemed to have disappeared.

Thanks,

Larry Kelley

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From: amherstac@aol.com
To: newman@lnn-law.com; lesser@inn-law.com
Sent: Wed, May 26, 2010 3:02 pm
Subject: The First Amendment and Open Meeting Law in the modern age

I certainly hope the local ACLU will weigh in on this 'Only in Amherst' tempest in a teapot I first railed about on my blog 6 days ago but now prominently displayed on the Front Page of the Daily Hampshire Gazette.

As a long-time insider of all things politics in the People's Republic I can assure you this effort to involve the DA ruling about blogs is an orchestrated (local) government attempt to quash Catherine Sanderson's First Amendment rights simply because she (very publicly) "calls 'em as she sees 'em".

And is not that what the First Amendment is all about?

Larry Kelley (concerned that I will be next)

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So six days after it first hit the blogosphere (my piece of it anyway), the Daily Hampshire Gazette covers the story of five School Committee Chairs sending a letter of request to the District Attorney for legal clarification on blogs and the Open Meeting Law. Front Page. Above the fold no less.

The Gazette, finally, reports

And you would think, since that letter was instantly forwarded to the Gazette last week (in hopes of getting the headline they indeed got) with all this time to hash out the story, they could have done a better job.

Don't mind me, I'm just pissed off that I was referred to as "Larry Kelley, a Amherst watchdog blogger who posts frequently about "The Vagina Monlogues" and "West Side Story," is also a member of the town's Redevelopment Authority."

Besides misspelling "Monologues", the proper name for my committee is Amherst Redevelopment Authority, a quasi-state, independent body with four members elected by town voters and one appointed by the Governor. The only entity in town besides Town Meeting/Selectboard with the power of eminent domain.

And I have not posted about 'VM' or 'WSS' in over a year.

Details, details.

Obviously the problem, as the Old Guard sees it, is Catherine Sanderson and her School Committee blog. Because she is not afraid to speak her mind openly, in public, at all hours of the day and night. That should be encouraged, not threatened.

As the ACLU says about the First Amendment: The way to deal with bad speech is with more good speech--not censorship.

Mr Hood Commented on this blog a few days ago that his blog (still in its rookie year) garnered 129 unique visitors last week. This blog was almost 500. And Ms. Sanderson's open public sitemeter tells me she was about 33% over this blog last week, so I would guess her unique visitors were somewhere in the neighborhood of 700. Thus I would hardly lump Mr. Hood in the same category as Sanderson's "that see large volumes of web traffic."

Of course law is always going to lag behind technology. The Mass State Legislature recently tweaked a law to include text messages because some pedophile sending explicit messages to a minor got off because the original law talked dealt with graphic material being disseminated but did not clearly spell out "text messaging". Now it does. And of course we now have a law saying you can't text message while driving (who would have thought you need to make that a law.)

But what never changes is the intent/spirit of the law. And clearly the Open Meeting Law, enacted before the Internet revolution, simply wants to keep public matters kept public. And you don't get any more public than a blog.
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It will be interesting to see if the Gazette or Bulletin issues an editorial on this issue.