Let the Attorney General decide

Dear Ms. Coakley:

I wish to file a follow up complaint with your office over the manner in which the Amherst Regional School Committee entered Executive Session at their 11/22/11 joint meeting with the Amherst School Committee, specifically, failing to get a "second" to the motion and the motion--at the time it was made--lacked any reason for entering Executive Session and failed to cite the specific chapter and verse of the Open Meeting Law.

In a response to my complaint (that used the form provided by your office) and copied in writing to the Amherst Town Clerk, the Chair of the Regional School Committee stated in writing:

Hi Larry,

I stated at the beginning of the meeting that we would be going into executive session for the purpose of contract negotiations. It also says so on top of the agenda:

http://www.arps.org/node/3473

It is not required to state it in the motion; it is only required to state it at some point during the pubic meeting before the exec session.

Have a great turkey day.

Rick

From: Rick Hood Sent: Wed, Nov 23, 2011 7:44 pm To: BurgessS (Amherst town clerk)

I find that response to be woefully inadequate. Yes, now that I have watched a rebroadcast of the three hour meeting (that was aired live), Mr. Hood did state casually at the very beginning of the meeting that they would be entering Executive Session to discuss "collective bargaining," but over the course of three hours members of the general public who tuned in a few minutes late would not have heard it.

While I have no problem with the reasons for the Regional School Committee to go into Executive Session, I strongly believe that it should never be taken lightly and the discipline shown by using proper procedures exhibits the due diligence expected of our public officials.

Perhaps this incident will provide a perfect "teachable moment."

Larry Kelley




11/23/11 4:54 PM

According to the somewhat newly revised Open Meeting Law I am supposed to file my complaint with you and the town clerk over the incident last night where the Regional School Committee went into executive session without clearly stating the reason for doing so and without a proper second to the motion.

Please excuse the somewhat weird formatting as I downloaded the PDF complaint form from the AG website.

Larry Kelley

OPEN MEETING LAW COMPLAINT FORM

Organization or Media Affiliation (if any): http://onlyintherepublicofamherst.blogspot.com/

Are you filing the complaint in your capacity as an individual, representative of an organization, or media? Media

(For statistical purposes only) Individual Organization Media x

Public Body that is the subject of this complaint: Amherst Regional School Committee

City/Town Amherst County Hampshire Regional/District State Mass

Name of Public Body (including city/ town, county or region, if applicable):Amherst Regional School Committee, 170 Chestnut Street, Amherst, Ma

Specific person(s), if any, you allege committed the violation: Rick Hood, Chair of the Regional Committee and Irv Rhodes Chair Amherst School Committee
Date of alleged violation:11/22/11

Description of alleged violation: Irv Rhodes made a motion to go into Executive Session "never to return" but with no explanation/reason for the action, and Mr Hood allowed it without having a proper second from another member.

Describe the alleged violation that this complaint is about. If you believe the alleged violation was intentional, please say so and include the reasons supporting your belief. No, not intentional--just careless.

What action do you want the public body to take in response to your complaint? Apologize, promise it will never happen again. After school detention.

Review, sign, and submit your complaint
Read this important notice and sign your complaint.
Under most circumstances your complaint will be considered a public record and be available to any member of the public upon request.
I understand that when I submit this complaint the Attorney General's Office cannot give me legal advice and cannot act as my personal lawyer.

I certify that the information contained on this form is true to the best of my knowledge.

Signed: ____Larry Kelley_______________________________________ Date:___________________________11/23/11
First Name:Larry Last Name:Kelley Address:596 South Pleasant City:Amherst
Phone Number:256-0491 Email:amherstac@aol.com
State:Mass Zip Code:01002

Mr. Hood

Hidden, catastrophic cost of golf

Cherry Hill's K-Mart quality golf clubhouse

Last night Leisure Services director Linda Chalfant presented the FY13 upcoming budget to the four-out-of-seven members of the recreation commission who bothered to show up, and dubbed Cherry Hill squandering $40,000 last year as, "effectively a break even year." Easy to say when that money is not coming out of her $80,000 annual salary.

And this current year, according to the numbers generated at the half-way point, Cherry Hill is on target to lose another $60,000. And the following year--hold on to your golf caps--well over $100,000!

Because unlike a household or small business, in the wonderful world of municipal accounting little things like employee benefits, insurance and expensive new commercial equipment do not count towards your "operation budget." Last year those three expenses amounted to $40,000--all of it paid for by taxpayers, not a dime from golfers.

Wouldn't it be great if you could buy a new car or truck out of a secret account nobody was watching?

At seasonal closing, the beleaguered golf business has totaled only $82,779, $17,284 under last year, and the lowest amount in six years. Expenses are identical--especially those hidden ones nobody likes to admit.

For instance, capital expenses this year include a $14,154 "fairway mower", next year another $14,154 fairway mower plus a $12,000 rough mower for a total of $26,654.

But what the Hell, since nobody cares about capital items why not go on a whirlwind shopping spree--all of it taxpayer funded? In FY14, two years from now, capital improvements will include yet another fairway ($14,154) and rough mower ($12,500) fence replacement ($24,000) and parking lot resurfacing ($24,000) for a whopping grand total of $135,654 .

If the diffident School Committee can bite the bullet to save money by closing down Mark's Meadow, a beloved elementary school, Town Manager John Musante needs to step up and make the call that should have been made ten years ago: board up the money pit.

Not so instant replay

So when we cut to the video replay of the November 22 (Amherst Media incorrectly stamped the date) Amherst Regional School Committee meeting, clearly Kristen Luschen did not "second" the motion to go into executive session.

When specifically asked by Chair Rick Hood if she was seconding the motion she responds "No, I was asking about..." and then they go off on a brief tangent never to return to the proper parliamentary procedure for using an executive session--something that should never be taken lightly.

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

The Amherst Select Board, only 24 hours earlier, demonstrated the proper way to go into executive session. Note Alisa Brewer say under her breath, "All those lovely details." Indeed.

What say you now Mr. Hood?

A fitting tribute

"We need you" indeed

Tragically, townie and long time DPW employee Timothy Banks passed away--as sudden as it was surprising--on Thanksgiving Day.

Timmy meticulously parked his car in a certain spot at the DPW.

Nobody parked there today.

Timothy H. Banks, Jr. Obit on right.

UPDATE: Wednesday morning 10:30 AM. The normally overflowing DPW parking lot is all but abandoned as fellow workers attend the funeral.

DPW parking lot. Missing man formation.

Party Apartment of the weekend

Puffton Village apartments

As a testament to how tight a ship Puffton Village manager Steve Walczak operates, this is the first time a Puffton Village resident has achieved this dubious honor--although in this particular case more than well deserved.

Police were first called early THIS morning to #236 Puffton Village and immediately noticed "Loud thumping music could be heard upon arrival. The individual was slightly argumentative." But the town noise bylaw was thoroughly explained to her--and the consequences for violating it. She was issued a written warning, and the police went on their way.

Ten minutes later police are called back to the scene for--you guessed it--loud noise coming from apartment #236. According to APD narrative:

Moments after clearing the scene, music was turned back on. The arrestee was very uncooperative. The remaining guests were cleared out. A second roommate was found sleeping and explained the town noise by law.

Arrested for violating town noise bylaw:
Xxxx, Lunenburg, MA, age 20

Update 2/7/12. As per our agreement I deleted her name after she paid the fine (and I'm convinced I will not see her name again in the Amherst Police report.)

Puffton Village is owned by town patriarch Steve Puffer.

Cyber Monday

Some things, however, are priceless.

A tax free Christmas

Amherst Pelham Boy Scouts return to Kendrick Park

President Obama could/should have learned a lesson from former Town Manager Larry Shaffer about not disparaging Christmas by instituting a tax on Christmas trees--something that makes you look heartless and indifferent to public opinion.

Amherst/Pelham Boy Scouts selling Christmas trees as a fundraiser is a much anticipated yuletide tradition dating back to when Rockwell was in his prime. And as one of my commenters previously pointed out, their sign is probably as old as the tradition.

Now all we need is a blanket of snow.