Public Documents Runaround

(click to enlarge/read)      Public Records appeal response:  late and stingy

Well that only took four months, relatively quick by Public Documents standards -- at least when dealing with the Amherst Public Schools.  And as usual the grudging response is pretty anemic.  Downside for the taxpayers of having a $225/hour school attorney is they have an economic incentive to be obstinate with these simple requests. 

Attorney Regina W. Tate

From: Larry Kelley
To: pre <pre@sec.state.ma.us>; donald.white <donald.white@state.ma.us>
Sent: Sat, Mar 2, 2013 10:20 am
Subject: Public Records Appeal of Amherst Schools

Shawn Williams, Director

Public Records Division

One Ashburton Place, 17th Floor

Boston, MA 02108

Dear Mr. Williams,

I wish to once again appeal the decision of the Amherst Regional Public Schools to stonewall my public documents request for legal settlements that have cost Amherst/Regional taxpayers hundreds of thousands of dollars.

As you may remember, your office sided with me last year on a previous complaint regarding ARPS settlement agreements with terminated employees totaling over $200,000.  The schools obstinately continue refusing to release those documents.

Now I wish to appeal the 2/26/13 decision of Rob Detweiler, Director of Finance and Operations, to withhold settlement agreements totaling $229,300, from recent "Special Education" legal cases. 

Obviously I understand certain information -- names of students for instance -- should be redacted to protect privacy, but certainly with that much settlement money involved the taxpayers have a right to know how many cases it represents and the details of those cases.

Even if the money was paid by an insurance carrier a Hampshire Superior Court judge found the settlement agreement between the Phoebe Prince family and South Hadley Schools were still a pubic document even though the $225,000 payout came from liability insurance. 

Your office has also repeatedly struck down the concept of "non disclosure agreements" citing Washington Post ., 690 F. 2d at 263 ( a government agency cannot circumvent the Federal Freedom of Information Act with a private agreement).

Please remind the Amherst Regional Public Schools that the general public has a right to know.

Sincerely,

Larry J. Kelley

Remember The Fallen

Not since 9/11 ...

Dear Governor Patrick,

While none of the 19 firefighters in Arizona who gave their lives to protect others were Massachusetts residents, any firefighter will confirm the profession is one big family, and  THAT includes a great many from Massachusetts.

When our state lost six firefighters in the horrendous Worcester Cold Storage Warehouse Fire in December of 1999, American flags nationwide flew at half staff as a symbol of solidarity, uniting us in shared grief. 

Quit frankly I'm surprised President Obama has not ordered US flags to half staff to remember and honor the fallen 19, the greatest loss of life in fire services since that awful morning of 9/11. 

Since the funerals are this week, could you please order Massachusetts American flags down to half staff to remember and honor the tremendous sacrifice these brave individuals gave up so selflessly?

Lowering an American flag to half staff takes only but a moment ... the solemn respect it shows lasts forever.  


Larry Kelley

Take Cover

 

East Pleasant Street, UMass water tower 3:00ish

After the storm 8:30ish

Water Safety

 Atkins Reservoir, Amherst/Shutesbury line

 How safe is our drinking water?

According to the recently mailed 15th annual Town of Amherst Drinking Water Quality Report -- fine reading on a hot summer day -- the public water supply for our little town is perfectly safe.  I'll drink to that.

Every major test parameter (Inorganic substances, radioactive contaminants, disinfection residuals) tested below "violation" level. 

Amherst has a "complicated" water distribution system: two surface reservoirs, one located on Amherst/Shutesbury border (Atkins) and the other in Pelham, and five ground wells located in the Lawrence Swamp.

Operating at full capacity the system is capable of pumping out just over 6 million gallons of treated water daily.

 

Pelham Reservoir system

Last year average demand was 2.65 million gallons per day with peak demand occurring on July 19th, a thirst requiring 4.185 million gallons of water to quench.  UMass is our #1 consumer of water absorbing 31.04% of total, although they were not in session on the day of peak demand. 

In 2002 the state performed a Source Water Assessment and Protection (SWAP) report for the town outlining common sense water protection methods for keeping the system safe, mainly by controlling/owning the land immediately around the water source (400 feet), called Zone 1.

In 2005 Tighe & Bond did a "Public Water Protection Plan" for the town which pretty much mirrored the SWAP report from three years earlier, where the main concern was dealing with inappropriate land use (industrial, farming, homes with septic systems, etc) too near the water supply.

Interestingly -- even though both studies are post 9/11 -- neither of them addresses sabotage.  Both reservoirs are located within spitting distance of paved roads, so it would be easy to drive a pick up truck almost directly up to the unguarded body of water and unload whatever you please.

 Atkins Reservoir with nearby road

Sure Atkins is pretty b-i-g with a maximum capacity of 200 million gallons.   However, if you dissolve in that body of water 1760 pounds (thirty-five 50 pound bags) of something, say arsenic, it would reach a level of one part per million.

EPA regulations for arsenic in drinking water set a maximum of ten parts per billion.

Massachusetts State Police briefly detained seven college aged trespassers (one of them from Amherst) around the Quabbin Reservoir almost two months ago, immediately setting off terrorism concerns.

Should you be concerned?  Probably not.  Highly unlikely anyone would try to poison an entire town.

But then, 12 years ago it was also highly unlikely anyone would hijack civilian commercial airliners and fly them into buildings.

 Atkins Reservoir

Freedom!

 

Commemorative flags downtown

" ... That this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth."

"Ask not what your country can do for you, ask what you can do for your country." 

"Freedom's just another word for nothin' left to lose ... "

Amherst post card 1909

DUI Dishonor Roll

Well, at least Matthew Carini did not kill anyone ... this time.

Maroon Musket "Unsung Hero"

#####

Coming Soon, To A Basement Near You

Well I guess it's official:  I really am somebody now.  I have a band named after me.  (Not that I play an instrument.)

Gotta love the advertisement that oozed up on Reddit earlier today.  How very patriotic.  Or should I say pathetic?

Didn't Lil Wayne run into some trouble not long ago for accidentally walking on an American flag?

Hey at least the upside down cross is not soaking in a jar of urine.  

Meanwhile Amherst police paid my young friends at 621 East Pleasant Street, aka "Babe Town," a visit around 9:00 PM this evening.  I heard Dispatch tell the officers it was for loud music in the back yard, which sounded like a band, and that this was the third or fourth noise complaint in the past week.

Hmm ...