First thing we do, revive all the lawyers

One of the very few things I like about any of Amherst's fifty some odd boards, committees, commissions or the occasional task force is that they often have on their agenda an open "public comment" period, where the general public can extemporaneously address committee members, ask questions, praise, chastise and generally get things off their chest.

Take for instance the Regional School Committee meeting this evening (a joint Meeting of the Amherst, Pelham and Amherst-Pelham Regional School Committees no less), where a concerned citizen wondered why the Schools would rehire a recently terminated lawyer at $220/hour to handle a complicated case--meaning lots of billable hours--when the current lawyer could handle the extra case for no additional cost?

Good question.
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Good Evening,

I am Michael Aronson, Amherst taxpayer.

I was forwarded an email written by Mr. Hood on Monday August 8 expressing his opinion that it was - “less expensive” to hire an outside attorney to litigate a Special Education matter even though the School District has a pre paid contract with an “In House” attorney.

I don’t know where you learned math, Mr. Hood, but I can assure you that the $3000 dollars you pay your in-house lawyer per month is less than that $3000 dollars PLUS the fees for an outside attorney hired to do the same thing.

EVERY MEMBER OF THIS COMMITTEE should be up in arms about the administrative decision to waste precious education dollars in this way.

Mr. Hood, as Chairman of this committee, you should be making very public inquiries into why the decision to hire an outside attorney was made.

Tell us, WHO is responsible for this violation of the public trust and why you consider it acceptable?

Your negligence, and that of the administrator who made this decision is hurting our children and our community.

This is shameful, malfeasance, and terrible policy.

Parents who come to Amherst for their children’s education, and pay handsomely in taxes for the privilege, are appalled at the tremendous waste this kind of decision represents.

Let us be clear, you have failed them.

Thank you for your time.
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I of course asked Mr. Aronson (since I was not there) how committee members received his forthright statement. Apparently not very well:

To the School Committee:

Knowing full well that the School committee is fully committed to denying any possibility of error in its judgments, I send to you and all contacts on this list my response to Mr. Rhodes and Ms. Luschen's full throated defense of administrative malfeasance.

Mr. Rhodes and Ms. Luschen argued that Amherst administrators need retain the duplicative legal services of Regina Tate due to her familiarity with existing legal cases. This argument is spurious on a number of grounds.

1) Ms. Tate was removed from her position litigating Special Education in Amherst because a majority of the School Committee found her services deficient. If you want to know the “cause” of her dismissal, ask those who voted to remove her - including Mr. Rhodes.

2) There is evidence that the historic case to which they referred at tonight's meeting was filed on 1 December 2010 - the same day Dupere was hired under a fixed contract. In other words, Tate did not have time to become too familiar with this case. It was filed on the same day she lost the contract to Dupere.

3) Litigants often change attorneys. There is ample precedent for one attorney taking over a case from another in situations far more complicated than those of Special Education. Special Education cases are limited in legal complexity, and are even outside of the normal judicial process. If Amherst wanted their new attorney to be informed about existing cases, they should have hired Tate to brief Dupere on those cases. That type of legal expense would have been unimpeachable. That in which the District now engages is profligate.

The Regional School Committee is entering perilous territory. Any outside observer would characterize such wasteful use of educational resources for unnecessary litigation that you explicitly condone (and defend) as a failure of fiduciary responsibility. Just ask the 9th grader who needs extra help in math, or kids who can't take AP Physics for a lack of a qualified teacher.

We all should ask, is the committee incapable of seeing the truth, are you at all interested in working to improve this district ?

At this time the answer is a resounding "No!" As a body you are rejecting of the facts on the ground.

And our community suffers.

Michael Aronson

A new paradigm for golf?

Once again we witness the night and day difference between current town manager, John Musante, and the former town mangler Larry Shaffer--this time concerning something of paramount importance: truth-telling.

Five years ago Leisure Services and Supplemental Education and Shaffer had the audacity to issue a press release heralding that year's golf balance sheet, trumpeting a $7,200 "profit" while ignoring $40,000 in "hidden costs" (employee benefits, insurance, new equipment).

In an interview with the Springfield Republican town manager Larry Shaffer crossed the line by saying Cherry Hill required "no tax support." I even asked him at a follow up public meeting if he was misquoted, and he again reaffirmed the lie.

At last night's Select Board meeting the new Finance Director Sandy Pooler admitted Cherry Hill fell far short of FY2011 projected revenues ($270,000), which almost matched the actual $263,670 total cost of operations, with an intake of only $223,537 as first reported here six weeks ago, or a loss of over $40,000.

Of course he could not help but parrot the old excuse of that darn New England weather, but at least he also admitted the down economy takes a toll on the rich man's game of golf. Maybe now that transparency is the new marching order from Town Hall, citizens will get a true picture of the cost of golf.

And, unlike the scenic vistas aficionados admire, it ain't pretty.

Water under the bridge

The photo grabs you as it seems to explode from the front page of this morning's Daily Hampshire Gazette, clearly illustrating the potential power of water gone wild--more so than a skilled writer could accomplish in 1,000 words.

Kudos to ace photographer Carol Lollis; a raspberry to the editor who approved it.

It's one thing for a photographer to capture an extemporaneous scene involving a person thrust into a dramatic situation through no fault of their own. It's another case entirely when that person is showing off, or risking their life with reckless abandon (for all we know, because he spotted the photojournalist taking pictures.)

Six weeks ago three hikers hopped over a guardrail plastered with danger signs at Yosemite National Park to take dramatic action pictures of a raging waterfall. They got a little to close and cascaded to their deaths.

"Jackass: The Movie", where silly stunts take center stage, has enticed impressionable--usually young--viewers to attempt the same dangerous nonsense at home, in front of a camera, all too often with painful results. When the national press publishes a picture of President Obama smoking a cigarette or riding a bike without a helmet, people rightfully point out what a terrible example that sets.

While the Internet has greatly reduced the gatekeeper role of the mainstream media, a local hometown newspaper like the Daily Hampshire Gazette still has unique power when presenting the news. Hyping risky behavior can easily encourage copy cats who may not be so lucky next time.

And these days, the Gazette can't afford to lose any more readers.

Party House of the Weekend

41 Hobart Lane

While most responsible adults spent Saturday evening preparing for the wrath of Hurricane Irene (which fortunatley never arrived) these bad boys were having an end of the world--or perhaps start of the semester--party. Or maybe, since it was the main leaseholder's 20th birthday, a birthday bash.

The Amherst Police Department is serious about keeping our community safe and comfortable for all citizens--and that includes "quiet enjoyment" of one's most important asset, their homes.

According to police narrative:

"Approximately 50 guests standing outside of number 41. Estimate another 30-40 inside drinking and shouting. Resident identified and issued TBL (town bylaw) for noise. Guests cleared out."

Summons: Patrick Carey
Address: South Boston, MA
Age: 20

What a difference...

"Until the morning comes again

I will remain with you my friend

And we will ride until the sun

Goes to the place where it begun

And we will live to laugh and cry another day"

High Noon

Town Manager John Musante seated left, Chief Scott Livingstone standing

UPDATE 6:00 PM
Methinks Irene is done, not that it seems she ever got started--at least not here in the Happy Valley. No complaints, however, none whatsoever.
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ORIGINAL POST 12:54 PM
So far so good; a few downed trees and limbs but nothing the DPW can't handle. The Town fired up the Emergency Operations Center at the police station (otherwise known as the "community room") with town manager John Musante, police, fire, DPW chiefs and even animal control officer Carol Hepburn huddled together so the decision makers are all in one room with phones/internet/TV, backed up by a generator.

Recent bulletin from the EOC:

Amherst Storm Update 3:00 PM Sunday August 28, 2011

- Heavy rain and winds will diminish this afternoon as the eye of the Tropical Storm passes thru MA to our west.
- Be Alert for downed trees and wires - Winds will gust to 40 mph this evening.
- Temporary Street Closures.
- Cottage Street at corner of Triangle Street (water)
- Pelham Road from Main/South East Streets to Amethyst Brook (water)
- Newell Court (tree).
- Mt. Pleasant Street (tree).
- East Leverett Road from Leverett Road to Teewaddle Road (water)
- To report a downed tree, call Amherst DPW at 259-3050. Be specific with location (i.e. house number).
- WMECO reports 101 Amherst customers without power (1% of Amherst customers).
- To report a power outage, call Western Mass Electric Co. (WMECO) 413-781-4300.

Sunday noon town center peace protest

Geese seem unconcerned

Near miss

Stow the colors

Big Y doesn't look the same without Old Glory

While most people prepare for a hurricane by invading the local grocery store to wipe out supplies of bread, milk, and batteries, the Big Y in Amherst prepared for Irene by taking down their massive American flag to protect it from the wind whipping of a lifetime.

The town of Amherst also took the same precautions, including the UN flag nearest to Town Hall.

Town Hall sans American or UN flag