Legal Shuffle

According to the Regional School Committee 9/22/10 minutes, "By a vote of five to four, the committee voted to hire Dupere and Dupere to provide the district’s legal representation for Special Education services."

On 11/30/10 a concerned parent asked the Regional School Committee why Gini Tate was still serving as Special Education counsel for the region: "Mr. Rhodes explained that the School Committee had to negotiate an agreement with the new Special Education attorney, which then had to be ratified by each School Committee. As a result, the contract with the new firm does not begin until December 1, 2010." Of course that was the very next day--or so you would think.

Meanwhile in another part of the space time continuum, on 11/13/10 to be exact--three weeks after the school committee vote to--effectively fire attorney Tate as Special Education counsel, a parent filed suit against the Amherst school district.

Dupere and Dupere started on December 1st at a fixed, all-you-can-litigate, annual cost of $36,000. The first official response to the parent filing suit from Attorney Tate's office concerning the case is dated--you guessed it--December 1st. Pretty quick response for an attorney, eh?

So, rather than having Dupere handle the matter at no additional cost to the taxpayers, the schools--in violation of a School Committee vote--hire attorney Tate, at $220/hour fee plus four hour round trip travel time from her office in Quincy.

The parent who filed suit on November 13 withdrew the action, then refiled on April 4, 2011, using a different legal approach thus providing yet another technical reason Dupere should be handling the case at no additional taxpayer cost.

I asked Regional School Committee chair Rick Hood for an explanation and received this curious response:

"There were three cases carried over from the transition between Dupere and MHLT (Attorney Tate). Two of the cases have reached conclusion and/or are awaiting the BSEA to issue their decision. The third case was a re-filing of a case where MHLT (Attorney Tate) had already worked extensively on it during the FY11 school year prior to Dupere being appointed the new SE attorney. Probably this is the case you are referring to.

Where MHLT was already deeply involved in a case it was thought best (and less expensive) to keep MHLT on it."

Less expensive? You can tell Mr. Hood has an extensive background with yachting! How could Attorney Tate have "worked extensively" or have been "deeply involved" on a case that was originally filed on November 13 with her initial response dated December 1, only two-and-a-half weeks later?

Obviously attorney Tate became a comfortable fixture in the Good Ol' Girls Network now controlling the schools, and since taxpayers unknowingly cover the tab, she's darn well going to stay--no matter the additional expense.

But how do you put a price on trust?

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

To: amherstac
Cc: Maria Geryk ; Kathy Mazur ; Mary Wallace
Sent: Fri, Aug 5, 2011 11:22 am

Good Morning, Mr. Kelley:

I'm happy to provide the information you requested. The hourly rate for services provided by Murphy, Hesse, Toomey and Lehane (Ms. Tate's firm) is $220.00. The School Committee vote to hire Dupere and Dupere for the districts' Special Education services and Murphy, Hesse, Toomey and Lehane for the districts' general counsel was taken on September 22, 2010. I've attached the minutes for your convenience.

Best,

Debbie

Debbie Westmoreland
Administrative Assistant to the Superintendent


You would think that somebody on this Cc list knew all too well that Ms. Tate was still involved in a Special Education case, and could have clarified this response.

The cost of doing business?

We have already learned recently that the Amherst schools spent $200,000 in "settlements" with former employees over the past five years (not counting costly unemployment benefits); but with our municipal education machine being such a large local employer, maybe not such a bad batting average.

And maybe in the long run those settlements saved money or helped maintain the integrity of the system, as the women in charge would argue. In fact, they maintain it's usually a combination of both those rationals and that argument would probably be applied to any and all "legal expenses."

How unfortunate that a system designed to educate all our children spends tax dollars on litigation...but a necessary evil, perhaps.

After all, the Amherst schools account for over two-thirds of the entire town budget, or $49 million last year between elementary and regional high school.

Still, do they have to spend so much?

Legal Expenditures

Amherst-Pelham Regional School District:

	FY09	FY10	FY11
School Committee	15,802	17,330	32,315
Human Resources (personnel)	5,123	5,714	6,446
Special Education - MHT&L	49,443	27,315	41,911
	70,368	50,359	80,672

Amherst Public Schools:

	FY09	FY10	FY11
School Committee	9,728	24,763	25,077
Human Resources (personnel)	8,255	5,464	5,854
Special Education - MHT&L	17,112	3,733	14,729
	35,095	33,960	45,660

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

8/4/2011 9:48 AM

Could I please get Attorney Tate's current hourly rate and total amount paid in FY10 and FY11 by the School District?

And for clarification: was she terminated from handling school district SPED cases as of December 2010?

Larry K

To: amherstac
Cc: Maria Geryk ; Kathy Mazur ; Mary Wallace
Sent: Fri, Aug 5, 2011 11:22 am

Good Morning, Mr. Kelley:

I'm happy to provide the information you requested. The hourly rate for services provided by Murphy, Hesse, Toomey and Lehane (Ms. Tate's firm) is $220.00. The School Committee vote to hire Dupere and Dupere for the districts' Special Education services and Murphy, Hesse, Toomey and Lehane for the districts' general counsel was taken on September 22, 2010. I've attached the minutes for your convenience.

Best,

Debbie

Debbie Westmoreland
Administrative Assistant to the Superintendent

Gateway shuffle

Former Frat Row, forever UMass

The Gateway Project, so named because it hopes to transform the main entryway to UMass while seamlessly connecting our largest employer to downtown Amherst, inched forward this evening...but once again demonstrated the changing nature of the project.

Deputy Chancellor Todd Diacon told the Amherst Redevelopment Authority, "We wholeheartedly support the Gateway Project." He also confirmed UMass funding for a traffic study in the Gateway corridor as part of their ongoing Master Plan.

Town Manager John Musante testified the town will sponsor warrant articles for the fall Town Meeting to hire consultants for a marketing study and to map out zoning changes required if the Gateway "vision," now endorsed by both the ARA and UMass, is to become a reality.

Zoning is a key factor which requires a two-thirds vote of Amherst Town Meeting. Since that body will deliberate spending tens of thousands on additional consultants for the Gateway project in November, the majority vote required will be a bellwether of how well the zoning vote--a higher hurdle--will fare.

Diacon also admitted, however, that his office would not advocate for the transfer of Frat Row, a 1.8 acre prime swath of land deemed a "catalyst" by the Gateway Vision consultant, to either the town or the ARA--although he stated UMass would landscape the wide open property and that they had no plans for building construction over the next five years.

UMass purchased the property, formerly home to five rowdy frat houses, for $2.5 million. Originally the Gateway Project commenced when UMass offered to donate the land for a private sector mixed use project but one providing significant housing. After a chorus of complaints from immediate neighbors fearing a resurrection of Frat Row, the housing aspect was significantly altered.

If Town Meeting approves the zoning change, individual private developers will have to undertake the task of transformation, with a form-based zoning code for guidance and a "vision" as inspiration.

My Meet-and-Greet with Maria

So no, Attorney Regina Tate was not present for our mid-afternoon pow-wow yesterday in the Superintendent's office...well, at least not in a physical sense. But her spiritual presence was overpowering.

Under additional $220/hour advice from Attorney Tate, the schools defied the official ruling of the state Public Records Division by continuing to withhold the (13) employee settlement agreements.

What little they did give me indicates payouts of almost $200,000 over the past five years.

Settlement Agreement Summary Click link

And the band played on

For the first time in 34 years the UMass Marching Band--the "Power and Class of New England"--will take to the field without George N. Parks. The songs may remain, but the spirit will never be the same.

The Minuteman Band Association is hosting an all day inaugural golf extravaganza at the Hickory Ridge Golf Course on Friday, August 5 with all proceeds to benefit the George N. Parks Memorial Scholarship Award.

Detention?

From: Kathy Mazur
To: amherstac@aol.com
Sent: Fri, Jul 29, 2011 2:07 pm
Subject: Tuesday

Hi Larry - Can you please meet with Maria and me at 3 pm next Tuesday? I expect to have the settlement information ready at that time, and Maria and I would like to be able to answer any questions you might have, as well as have an opportunity for us to provide some context for the settlements. Thanks, Kathy
##############################################

I feel a bit like the petulant school child sent to the principal's office for discipline, or what the Chinese government refers to as "retraining." Stimulates not-so-fond memories from St. Michael's Catholic school in Northampton, where the first line of offense was a brief stay in the cramped cloakroom.

Of course the ironic thing about the Amherst Schools trying to keep these settlement agreements with public employees secret is that by taking flawed legal advice from Attorney Tate and resisting my initial public documents request they have only attracted additional attention to the matter.

Furthermore, had I not published the formal finding from the Public Documents Division spelling out the Schools' mistake, a reader would not have seen the opportunity to forward me documentation regarding the other recent incident where the Schools, acting on bad legal advice, withheld the resume of the "interim" Director of Special Education, thereby earning yet another reprimand from state officials.

Rather than spend taxpayer money on bad legal advice, perhaps the Schools--a $50 million enterprise--should hire an entry level Public Relations advisor to spin positive stories and prevent recurrence of these embarrassing faux pas.

Americana deja vu

Time travel, that staple of science fiction debunked by science fact, is easily accomplished from Amherst with a 35 minute drive north up winding Rt 63 any clear summer evening--as long as it's on a weekend.

Like video rental stores, phone booths or typewriter repair shops, drive in movie theaters are an All-But-Dead breed. That did not, however, hinder the enjoyment for hundreds of folks of all ages who descended on the Northfield Drive In last night, one of only a few such outposts of family entertainment left in New England.

And you could not ask for a better feature attraction than "Captain America: The First Avenger."

Ah the good old days, when bad guys--all dressed in black--were really, really bad; and the good guy bedecked in red, white and blue, was especially virtuous. As usual our hero had perfect timing to save New York, his city of birth, from a devastating sneak attack.

Where oh where was Captain America ten year ago when New York City needed him most?