Let the sunshine, let the sunshine in

Former Town Manager Larry Shaffer, standing center (way back in his angelic days)

From: White, Donald (SEC)
To: amherstac@aol.com
Sent: Mon, Feb 14, 2011 10:30 am
Subject: Public Records Appeal - SPR11/009

Mr. Kelley,

I wanted to provide you with a brief update on the status of the public records appeal that you submitted to this office. I have been in communication with the counsel for the Town of Amherst to discuss the information redacted from the 8/30/10 Amherst Select Board Executive Session Meeting Minutes. At this time, town counsel has withheld that information and asserted Exemption (c) – The Privacy Exemption. Although the town has asserted this exemption, I am awaiting further information that will support the use of this exemption. I expect to speak further with town counsel next week, as they are out of the office this week.

Please feel free to let me know if you have any further questions, but I at least wanted to provide you with the information that I had on the appeal to date. Thank you.


Donald White
Staff Attorney


Dear Mr White,

Thank you for the brief update. Nice when a government agency in charge of Open Meetings can be so open themselves. I hope when you make your final decision I can also receive the results via electronic mail.

As I'm sure you know, 'Exemption C The Privacy Exemption' is the #1 reason cited by municipal officials for turning down Public Documents requests. But public officials have a lesser expectation of privacy than the taxpayers who fund their salaries.

And the state allows the exception to be trumped when "there is a paramount public interest in disclosure." Indeed I strongly believe the sudden departure of Town Manager Larry Shaffer, taking with him four months of salary, rises to level of "paramount public interest"; and since he very soon thereafter reentered the job market in Michigan, I'm sure it was not a medical condition that fueled his hasty flight.

The redacted lone sentence I seek represents one half of the 120 minute Executive Session, as Select Board Chair Stephanie O'Keeffe covered the entire meeting with only two sentences. That too is questionable record keeping.

Maintaining public trust should be your paramount concern. When elected local officials hatch backroom deals in a private manner financed with public taxpayer money, it diminishes that sacred trust.

Again, thank you for considering this important matter.
Larry Kelley

Correction: The Executive Session was one hour-and-twenty-minutes (80 minutes) not two hours (120 minutes). Still, pretty hard to capture in only two sentences

School Committee/Union 26 accept $uper counter

Permanent Amherst School Superintendent Maria Geryk (far left)

3:20 PM

The Amherst Regional School Committee and Union 26 quickly voted last night during an executive session to accept Maria Geryk's counteroffer, doubling her length of tenure as "permanent superintendent" from one to two years with an annual salary of $140,000 but closer to $145,000 (when factoring in annuity/life insurance) up slightly from her current $139,000 salary that previously escalated from $109,000 when appointed to the position of "interim superintendent" last year.

Whew, that was a mouthfull.

School Super Search: Secret meeting to decide

UPDATE: 2:27 PM
Still waiting, with finger poised over the publish button. Really l-o-n-g lunch they are having.
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UPDATE: Tuesday 12:45 PM
So yes, I'm still waiting for official word that the ink is dry on the new Super contract, because Regional Chair Rick Hood told the Springfield Republican last night that they had a verbal deal and the signing of the contract was only a formality that should be done by noon. Maybe they are having a long lunch.
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Original Post Last night 8:00 PM
So the Amherst Regional School Committee and Union 26 met just long enough in open session tonight to amend Irv Rhodes "compromise" motion passed on February 6, by striking the 6/30/12 end date on the contract offering the Superintendent position to Maria Geryk for one year, with an evaluation to take place six months into said contract.

Safe bet she came back with a counter offer requiring a minimum of three years.

The joint meeting retreated into Executive Session with the announcement that they would not return to open meeting. I actually questioned the committee's actions, inquiring as to whether they needed to come back to open session to adjourn? They said no.

Tonight's Gazette editorial (championing a two year contract) states: "Under the Open Meeting Law, the panel must return to open session to vote on awarding a contract." Hmm...

Party house of the weekend

Over the weekend Amherst PD issued twice as many warnings (six) for "noise violations" as they did actual tickets (three). Probably a good sign, as the perps must have come into instant compliance with orders from responding officers to lower their late night decibels.

But two locations (out of eight) failed to get the message and as a result garnered an expensive Scarlet Letter: a $300 ticket for violation of the town's noise bylaw. Rolling Green apartment #18 gets the not-so-coveted 'Party House of the Weekend' award since two responsible parties (both age 20) each received a ticket and the runner up at 1 Edgehill Place (age 19) only garnered a single ticket.
1 Edgehill Place

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

District Court upholds Noise Bylaw

This past Friday the U.S. District Court dismissed a case brought against Amherst filed in October, 2009 by a disgruntled tenant alleging his arrest for violation of the town's Noise Bylaw (now carrying a $300 fine for the first offense) was a violation of his "civil rights" along with 13 other choice charges, and that the noise bylaw itself was "unconstitutional."

Of course the perp made two mistakes: being a repeat offender (although on the second offense APD apparently only gave him a "warning") and using himself as an attorney.

Lincoln Avenue blockade redux

Ed Cutting (left), DPW chief Guilford Mooring (center) who would probably rather be dealing with a Nor' easter, Steve Braun (rt) Committee Chair and Lincoln Ave resident.

Strangely enough the Public Works Committee hearing tonight--postponed by last week's snowstorm--heard more of an earful from folks who do not live on Lincoln Avenue and had no sympathy for folks who would purchase their homes in the shadow of Umass, the largest employer in Western Massachusetts, and then wish to turn their neighborhood into Walden Pond.

Five individuals spoke against, and only three (all residents of Lincoln Avenue) spoke dispassionately in favor of the blockade. One of those opposed, Ed Cutting, is also a Lincoln Avenue resident.

Not surprising I suppose, since the survey I did (see results top right) indicate over 90% of respondents opposed permanently closing one end of Lincoln Avenue--the end abutting Umass.
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MIA: Phil Jackson, lead architect of the blockade, and any Umass External Relations/PR folks, who will have to deal with the tsunami of protest from their workers should the embargo be enacted.