And the verdict is...

So now I have done my civic duty twice within a week. Last Tuesday voting in the distinct minority--at least as far as Amherst and Cambridge are concerned--for Ted Kennedy's Senate replacement and today reporting for duty to the Superior Courthouse in Northampton for Jury duty.

There were about 60 of us crowded into a room that looks built to handle half that amount, with one older medium size color tv in a corner with somewhat lousy reception. We arrived at 8:00 AM and let go about two hours later.

Apparently the perp decided to plead guilty at the last moment, after 7 of 14 jurors had been selected last week and seven more would come from my group of 60. The judge told us that our willingness to serve could easily have set the stage for the last minute plea bargain.

Since the case concerned sexual assault and it would have taken seven days of trial, I'm relieved that I did not have to serve, although going through the process would have been interesting. Except of course, jurors can't read newspapers, watch TV news or use the Internet. Going cold turkey for a week would have been hard on this humble news junkie blogger.

Thus the system worked. And like country that created it, perhaps not perfect but certainly better than anything others may offer.

Which is why I defended the right of convicted terrorist Ray Levasseur to speak at the Umass Library symposium on those turbulent days gone by. The man paid his dues and did not forever surrender his rights as an American citizen.

And I also supported on the floor of Amherst Town Meeting the idea of allowing CLEARED Gitmo refugees to relocate to our little town. As long as the word cleared equates to innocent.

If we as Americans cherish our system of justice, then let it apply to all! Bring 9/11 mastermind Khalid Shaikh Mohammed to New York City for a civilian trial. Let the justice system he tried to destroy demonstrate to the entire world why we cherish it so.

President Obama bows out of jury duty

Now you know why we're the People's Republic

The Boston Globe reports

Bad news Overriders, good news Taxpayers

UPDATE SATURDAY MORNING: "No school district will receive less this year than last year," Patrick said to applause.

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6:30 PM

So Governor Deval Patrick has just announced (on Twitter no less) that his state budget this year will have no cuts to Chapter 70 education money thus giving bean counters about $1 million more to the Regional High School and $600,000 more for the Amherst elementary system than previously expected.

And since hardly anybody in this town seems to give a damn about Public Safety or the DPW, the threatened cuts there on the town side when an Override fails (now guaranteed) are not going to generate a slew of support.

Even with the sky is falling rhetoric of Overriders only concerned with the schools, as of today they could only manage 337 signatures on the blank-check Internet Override petition.

Outside the box

Patty Bode's chilling diatribe
So my friend Mr. Morse accused me of "obsessing about the Open Meeting Law"--even though as a (grumpy) prosecutor he should appreciate that the state has agreed with me more often than not on both Open Meeting Law and Public Documents appeals after initial stonewalling from town officials.

But even a zealot like me has to question a guest column in today's crusty Bulletin, one of many attacking School Committee black sheep Sanderson and Rivkin's overly dramatic Column two weeks ago comparing the abuse they get for speaking their minds and questioning authority to the Bush administration questioning the patriotism of critics at a time when patriotism was considered a good thing.

Patty Bode, a former Amherst teacher naturally, worries that Sanderson's blog could violate Open Meeting and Public Documents because it discusses "school committee business" outside the arena of a school committee publicly posted meeting, and that her blog attracts a high number of Anons who could very well be other school committee members thus creating a quorum.

And she also worries about certain postings that have been "disrespectful and slanderous to school personnel," but fails to give any examples. Kind of ironic considering her slanderous charge that some fellow School Committee members could be masquerading as Cowardly, Anon, Nitwits in order to circumvent the Open Meeting Law.

And would that really be a violation anyway?

The purpose of the Open Meeting Law is to ensure that business is transpired in public. So what the Hell does Bode think a blog is? A private little antiquated listserve? A smoke filled backroom? Sanderson teaches aerobics so it's a safe bet she doesn't smoke. A blog is the public arena.

Bode closes with the question, "Why would a public official want to establish a forum that tolerates disrespectful communication?"

Well how about that most basic, fundamental, bed rock American value: the First Amendment!
Don't stray from the flock!

"Ich bin ein" NIMBY!

Okay, so as you tell from the photo taken from my private driveway the DPW fortress is within spitting distance of my abode. So anything I say should be taken with a truckload of salt. But I'll say it anyway.

Sure, the idea of having round-the-clock shifts (4 a.m. to noon, noon to 8 p.m. 8 p.m. to 4 a.m.) to create cost efficiencies makes perfect sense--on paper. Just like an engineer can demonstrate, on paper, that bees cannot fly.

Last year snow and ice removal was over $200-k and much of the work was done by workers garnering overtime. Under the new system, crews would be on duty anyway and thus only be receiving regular pay.

The union last week voted not to give up their negotiated COLAs next year. The 38 men and women are some of the lowest paid town workers and those raises would only amount to the salary of one employee. Besides, the Town Manager refused to guarantee no-layoffs even if they did give up their raises. Not much incentive there.

While police, fire, and emergency dispatch are 24/7 operations Public Safety employees knew that when they signed on. The DPW workers, some who have worked many, many years built their lives around a normal work schedule. So not only will morale plummet, but safety as well. As the sign once displayed in the garage area window said: "Warning: Every machine in this place can hurt you."

Digging ditches is hard enough during normal hours, I can't fathom doing it routinely in the middle of night.

The Bully reports:

Scott Brown wins!

UPDATE: 9:20 PM

So the Washington Post is tweating that Martha Coakley has called Scott Brown to concede the race. Now if only she showed that personal touch with the voters over the past six weeks...


ORIGINAL POST : 1:00 PM

So in a sense Scott Brown has already won. He shook up the complacent, take-voters-for-granted, uber-liberal establishment in this state like a once in a lifetime perfect storm.

Back in my days as a nationally ranked karate competitor we called it "fighting not to lose": A highly-ranked, well-known competitor fighting some unknown upstart knew they could rely on the judges to give them the benefit of the doubt on any exchanges, so they could safely somewhat coast.

Thus it all came down to how you define "somewhat coast." Martha Coakley went into a complete stall after winning the democratic nomination and made the biggest mistake in the history of competition: underestimating your opponent.

While at the same time arousing the normally complacent voters by taking them for granted.

Obviously Scott Brown will not win the People's Republic of Amherst (even with my vote and that of my wife.) But Amherst is out of touch with the rest of the state--except of course for Cambridge--so it should be interesting...very interesting.

Let the Judge decide!

State Ethics Commission, Enforcement Division
One Ashburton Place
Room 619
Boston MA 02108

Dear Sir or Madam,

I wish to file a formal complaint over the inappropriate use of a taxpayer funded town digital asset (High School website) to further a partisan political cause--the passage of a Proposition 2.5 Override ballot question.

Although the Amherst Select Board has not yet formulated the structure or amount for the Override, Select Board Chair Stephanie O'Keeffe has publicly confirmed they will place an Override question on the March 23 local ballot.

On January 14 an ad appeared on the Amherst Regional High School Parent Center, a page contained within the High School website (http://www.arhsparentcenter.org/)

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Petition for a Prop 2 1/2 Override
Submitted by Baer Tierkel on January 14, 2010 - 6:10pm.

Override Petition If you are interested in supporting a Proposition 2 1/2 override to help avoid the most drastic cuts to our schools, libraries, and town services, there is a petition being circulated at:
http://www.thepetitionsite.com/1/saveamherst
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Since the Override online petition drive is clearly an effort to influence the outcome of the ballot question, it should not be promoted at taxpayer expense.

Sincerely Yours,

Larry Kelley