The Ghosts Of Charters Past

Amherst:  A unique college town

The 9-member Amherst Charter Commission (V3) heard a post mortem analysis from two previous Charter Commission members last night on what went right and not so right with their individual Charter efforts circa 1996 and 2003.

 Bryan Harvey (left) Michael Greenebaum (right)

Bryan Harvey and Michael Greenebaum agreed a common thread running through both Charter efforts was the dissatisfaction with Town Meeting.

Greenebaum chuckled saying their response "gave everyone something to hate," because Town Meeting loyalists didn't like the reduction in size from 240 down to 150 and anti-Town Meeting voters didn't like that they maintained it at all.

The 1996 Charter (V1) came up with a "hybrid government":  a 150 member Town Meeting and 7-member Town Council a Mayor AND a Town Manager.  Yikes! It failed fairly resoundingly 54%/46%

Whereas the 2003 Charter (V2) terminated Town Meeting but confusingly maintained a full time Town Manger and added a Mayor/Council.  It failed narrowly the first time 50.1% to 49.9% and by slightly more the 2nd time 52.2% to 47.8%.

When asked about regrets or "do over" Harvey said he would have articulated better to the voters the roles of mayor and town manager.

His Commission had taken pains to clearly give each position defined roles and powers but some voters were concerned about overlapping responsibilities aka stepping on each others toes.

Although that fateful decision was barely supported by the full Commission in a 5-4 vote with the minority more interested in a strong Mayor/Council.

Neither of the previous Charter members said they used surveys although Harvey said they had invaluable information from a non-binding ballot question the Select Board placed on the same 2001 ballot as the Charter question asking voters if it's time to do away with Town Meeting.

At the time Harvey was Chair of the Select Board and had become disillusioned with Town Meeting.  

That question passed handily 1,832 yes to  1307.

Both Greenebaum and Harvey said this current Charter Commission is off to a good start with members first trying to ascertain the big picture, what people like about our current town government and what could change for the better but still maintain the unique cultural values of our town.

At the end of their one hour presentation the Charter Commission thanked both parties for their illuminating presentations.

 Charter Commission (V3) last night

Bryan Harvey quickly responded, "Thanks to you.  We know what you're in for! But it was one of the most interesting experiences I ever had."

The Charter Commission and about a dozen audience members applauded as the two left the room.

Party Central Registry

UMass is the town's largest employer and a city unto itself

The town and University of Massachusetts will most likely start a one year "pilot program" in September to register off campus parties to help reduce the burden noise complaints place on the police department thus freeing them up to do more important work like taking drunk drivers off the road.

Forum this evening only attracted three neighbors but another one is scheduled for 6/15

A registered party that  receives a complaint from a neighbor called in to Dispatch will get a phone call from APD warning them of the violation and giving them 20 minutes to end the party.

If they comply no arrests are made and no $300 tickets are issued for "noise" or "nuisance" or both. Thus saving the tenants money and the major hassle of being arrested while making it unnecessary for two APD cruisers to respond.

   UMass Amherst Party Registration

The program will cost the town nothing as UMass will do the paperwork and getting the word out by social media, advertising and messaging.

And in fact could save the town significantly in reduced calls. The program has been very successful in fellow college towns like Boulder and Fort Collins, Colorado.

A Violation of Journalistic Ethics?

Select Board reading draft doc written by Temp Town Mgr Peter Hechenbleikner

So yes, more than a few people have asked how I came in possession of a "draft" document that was being discussed at a public meeting (although in a hard-to-find room) where a public official later refused to release it to the Daily Hampshire Gazette.

 Draft Select Board response to Vira Douangmany Cage email last week

First off I'm aggressive about getting the story but I always keep in mind the ethics involved, because a good reporter is only as good as their reputation.  And ethics violations are a quick way to forever destroy a reputation.

Although these days, with the blinding speed of digital reporting, the line between right and wrong is sometimes a tad blurry.

Cut to the video replay:




As you can clearly see I borrowed the document (with permission) just long enough to photograph it, and since the Select Board was discussing said document in a public setting it is most certainly going to become a public document in the very near future.

In fact the draft of the document I published would also be subject to Public Documents Law which acting SB Chair Doug Slaughter seemed to acknowledge.

This exceedingly sad case of single mom trying to protect her 7-year-old daughter from bullying only to be bullied in return by the public schools has embroiled the Pelham, Amherst and Regional School Committees, Amherst and Pelham Police Departments and now the Select Board in a no-win quagmire.

It should NEVER have gotten this far.

 #####

Aisha Hiza at Monday's Select Board meeting

Statement from Aisha Hiza after last night's Pelham School Committee meeting:

"The Pelham chief said that he had spoken to the school but had come to a conclusion that it was a school issue. The Amherst Police said that it was a Pelham issue, as did the Amherst town manager. 

Both have made these statements, but the superintendent in her statement said that she placed the stay away order because of the advice and guidance of both town's police departments. 

So who is telling the truth and who is lying? Who will take responsibility? 

Over 80 something days I was banned with no due process and no actual reasoning or explanation. 

Can you even imagine the amount of stress this created for my child and myself? 

Even with the ban lifted I will not able to enter the school unless I have someone with me as a witness because I have lost trust ... and for good reason. 

The abuse of power continues: they are withholding my daughter's complete school records, which I have requested from them more then once verbally and in writing. Records that as a parent I have the rights to according to state laws. 

Instead all they will give me is a log of her visits to the school nurse. This stay away should never have been placed. Instead of handling the real situation of my child being bullied, the superintendent and her administration irrationally and hastily made decisions and decided that my daughter's well being and safety at school was not important. 

The use of a stay way order was placed intermittently is questionable. How is safety conditional if my behavior/actions were such a concern that warranted such an order but I was okayed to attend events.

Hell, even a court ordered Restraining Order has an expiration date to revisit and have an appeals process. Seems to me like a misuse of power without admittance to their fault."

DUI Dishonor Roll

MADD:  Each day people drive drunk about 300,000 times with only 3,200 arrested

If a police officer gives you friendly advice NOT to drive your car due to alcohol induced impairment you should probably follow that advice. Don't be like Austin Audette.

 Click to enlarge/read

Austin Audette, age 20

In Eastern Hampshire District Court on Monday Austin Audette had his case continued to next month and Adam Garand struck a Ch24D plea deal with the Commonwealth.

 Adam Garand, age 45

Cost of a Ch24D disposition plus loss of license 45 days

School Stay Away Order Lifted

Aisha Hiza (and daughter)

After ten weeks of generating bitter debate the controversial stay away order issued by ARPS School Superintendent Maria Geryk to single mom Aisha Hiza, who was advocating for her bullied child, has been lifted in its entirety effective June 1st.

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Stay away order lifted

3/15 Stay Away Order

Temporary Town Manager Pete Hechenbleikner leaked the information published on the front page of today's Daily Hampshire Gazette although the draft letter he penned for the Amherst Select Board on this sad affair stated it was not a town issue but a Pelham police and school issue.

 Draft of response to Vira Douangmany Cage's email last week

Select Board Chair Alisa Brewer had asked the Temporary Town Manager last week to respond to an incendiary email from Amherst School Committee member and State Legislature candidate Vira Douangmany Cage suggesting their silence constituted endorsement of social injustice.

Interestingly one of the only criticisms of deceased Town Manager John Musante at his last performance review was the Select Board did not like to be surprised by what they see in the local paper and wanted to be kept publicly informed about potentially controversial matters before it hit the news.

The brokered deal also involves Paul Wiley, former Crocker Farm Elementary School Principal and now ARPS ombudsperson.

Paul Wiley

On his Facebook page former School Committee member and nationally known diversity spokesman Amilcar Shabazz stated:

Click to enlarge/read

Oddly, only days after Maria Geryk issued a statement to the press defending her actions in this affair, she rescinds the stay away order without informing the media, and sent a copy of the order to the Pelham School Committee but requested they keep it confidential.

Party House of the Weekend

80 West Street

Just because UMass is no longer in session doesn't mean neighboorhoods are quiet as graveyards on weekends.  Although interestingly enough this past semester has been the quietest one in years.

 Click to enlarge/read

In Eastern Hampshire District Court on Monday all three perps accepted the Commonwealth's standard deal:  Criminal issue is converted to civil with payment of the town bylaw $300 fine and four months probation.

 Steven McG

And since APD informs UMass of these matters there could be academic sanctions as well.

Jarrad P

Reed G

Walk The Walk

Amherst Select Board reading draft of response written by Temp Town Mgr Peter Hechenbleikner

While the all-white Amherst Select Board was reading a proclamation designating June 12 "Race Amity Day," a small mixed gender group -- black, white and somewhat in between -- who had turned out to support Aisha Hiza, the single mom banned from all school grounds for advocating on behalf of her bullied little girl sat stoically in front of them. 

 Aisha Hiza 2nd from left Vira Douangmany Cage (behind her to left) Amilcar Shabazz far left

The main reason Aisha and her supporters showed up to this Select Board meeting tucked away in a back labyrinth of the Regional Middle School was to hear the response penned by Temporary Town Manager Peter Hechenbleikner to Vira Douangmany Cage's volatile email the week before, branding the Select Board as enablers of social injustice by not addressing what many see as just such a case with Ms. Hiza.

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 Draft response from Select Board to Vira Douangmany Cage

The draft letter was -- to say the least -- disappointing.  A classic dodge simply saying it's not our department.



But the Select Board will take it up again at their next meeting back in Town Hall, and now that Town Meeting is dissolved they will also be taking Public Comment at the start of that meeting.

I'm sure the public will have lots to say.