Thursday, July 28, 2011

Just say NO

I'm not the only one Attorney Regina Tate advises her client--the Amherst Schools--to deny access to public documents.

Back in March parents with a vested interest in Special Education requested the credentials and certifications of the "interim" (going on two years now) Director of Special Education JoAnn Smith, a $99,612 salaried public employee very much in the "public eye".

Under advice of Nancy Reagan--I mean-- Attorney Regina Tate, the Amherst schools refused to comply by invoking "exception C", the privacy exemption.The petitioner appealed to the Public Records Division and received a telling response earlier this month from staff attorney Lori Sullivan:

I have received your inquiry on the status of your public records appeal. A review of the matter reveals that the Amherst Pelham School District (School District) is withholding teacher and staff credentials/certifications. Our office will have to send an administrative order to the School District to try to get them to comply with the request. Once it is drafted and reviewed by the Assistant Director, it will be mailed to both the School District and to you.

According to easily accessed public records information available online: "Specifically, any relevant degrees and certifications listed on an employee’s resume may be subject to disclosure upon request. Public employees have a diminished expectation of privacy in matters relating to their public employment and the public has a legitimate interest in knowing whether public employees possess the qualifications necessary to perform their jobs."

Seems pretty simply to me. But then, I'm not an expensive Big City lawyer.

Monday, July 25, 2011

Too much advocacy?

Hwei-Ling Greeney: passionate advocate for the homeless

The Committee on Homelessness put up a fiesty defense tonight against the Select Board idea of merging them into a new entity more closely resembling the current Housing Partnership Fair Housing Committee, mainly because they are too passionate about advocating for the needs of the homeless.

Hwei-Ling Greeney, Chair of the Committee on Homelessness pointed out that the Housing Partnership has been in existence for almost 30 years and did nothing for the homeless. Ms. Greeney also observed that individual Select Board members did not show up this past winter at the shelter to drop off food or play cards with guests, yet now they are making this momentous decision impacting the shelter.

When Milestone Ministries announced last week they would not renew their contract to run the homeless shelter this coming season, partly because of "micromanaging" by the Committee on Homelessness, the Select Board took direct aim at legislating the committee out of existence. Select Board Chair Stephanie O'Keeffe called Milestone's decision "A serious step backwards."

A charge Ms. Greeney said "scapegoated" her committee.

Homeless advocate Kevin Noonan said Town Meeting can be "contentious" yet nobody talks about merging them with the Select Board. He also noted that Pastor Desroches of Milestone Ministries mentioned the "micromanaging" issue almost as an aside rather than a major game changer.

The town has secured $100,000 in Community Development Block Grant funding for the upcoming season to operate the shelter and Ms Greeney said she knew of five organizations that would respond to a town Request For Proposals and be ready to open the shelter November 1.

Had any of the homeless attended tonight's meeting to observe the one hour "discussion" they probably would have felt elated that town government is fighting over them so passionately.

Kevin Noonan called the "vilification" of the Committee on Homelessness "disturbing"

Sunday, July 24, 2011

"A paramount and prevailing right to know"

Click photos to enlarge/read

Let's hope
Amherst Schools' attorney Regina Tate is embarrassed enough by the Public Records Division's official ruling to perhaps feel guilty about billing the client--'We the People'--for such bad advice.

After all, town attorney Joel Bard, a principal with Boston law firm Kopelman and Paige, perused my duplicate request to Town Hall a few months before the Schools and correctly advised Town Manager John Musante to turn over all the requested documents.

I especially like the Public Documents pros addressing the issue of municipal employees outside the "public eye". Attorney Tate seems to think that anything happening beyond the "public eye"--i.e. under cover of darkness--should stay forever buried.

All of those secret deals are now in the realm of the undead.

Friday, July 22, 2011

Another cool move


So Friday as temperatures again hit the century mark the Jones Library, rather than closing at noon for all employees to attend the annual Town/Company picnic, stayed open until 5:30 PM so patrons and passerbys could seek relief from the oppressing heat and read a book, newspaper or use the wifi.

Who says librarians aren't cool?

Thursday, July 21, 2011

Gateway remains open


Maybe it was the nearly 100 degree heat outside Town Hall as tonight's Amherst Redevelopment Authority meeting concerning the joint effort Gateway Project attracted more major players--Town Manager John Musante and UMass Deputy Chancellor Todd Diacon--then the usual contingent of concerned neighbors, with but one making a friendly appearance.

Or perhaps the prolonged public process and endless meetings with a plethora of public comments has resulted in a "vision" for that strategic corridor that could actually work to the benefit of all the stakeholders--including hard pressed taxpayers.

We voted unanimously to have ARA member Aaron Hayden (former Chair of the Planning Board and current Select Board member) draft a letter to the Planning Board politely suggesting they "adopt" the Gateway Vision as presented by our consultant Gianni Longo.

I suggested we also ask Town Meeting via an advisory article to support the Gateway Vision as that would allow even more public discussion by insiders who thrive on discussion; and if the broad general vision cannot muster a simply majority vote of that legislative body there's no way in Hell a specific plan will someday win over the two-thirds supermajority required for a necessary zoning change

The Town Manager, sitting shoulder to shoulder with Vice Chancellor Diacon, confirmed that "discussions with UMass are ongoing." He added that he was "very pleased with the planning charrettes and the responsiveness of the consultant."

The overall vision demonstrated that the town and ARA "was serious about broad community input." He circled back to declare the vision a "very, very positive step."

At our next meeting August 4 we should know whether UMass buys into the vision and still wishes to donate the prime 2 acre "catalyst" on which everything now hinges. The Town Manager will also have met with state officials regarding grants for infrastructure improvements and additional consulting on a market analysis, traffic study, and form based code zoning.

So before the steamy weather turns crispy cool, we will know if Gateway is a go...or a goner.

Gentlemen, start your brewers!

As the Amherst Brewing Company prepares for an August opening in the former Leading Edge Gym location on University Drive--with a new white picket fence for outdoor dining--the vacated 12,000 square foot downtown location owned by Barry Roberts will be filled by yet another brew pub, High Horse Brewery and Bistro. Manager Jason DiCaprio received Select Board blessing on Monday night and goes before the Zoning Board of Appeals tonight but should also have no problem gaining their unanimous approval.

Only a few years ago I would have been uncomfortable making that prediction.

Musical bar stools anyone?

A cooling place

Sure beats kids (or pressured parents) opening up fire hydrants.

Free Admission at Middle School Pool During Heat Wave

In order to provide everyone in the community a safe place to swim during this recent heat wave, admission to the Amherst Regional Middle School Pool will be FREE beginning Thursday, July 21st through Sunday, July 24th.

Open swim hours at the Middle School Pool are Thursday and Friday 5 pm - 7 pm and Lap Swim from 7- 8 pm. Weekend hours are Open Swim Saturday and Sunday from 1 pm - 6 pm. The Amherst Regional Middle School Swimming Pool is supervised by American Red Cross certified lifeguards.

For a detailed schedule of Town of Amherst aquatics programs visit the department’s website at lsse.org or call 413-259-3065.