Comments about the Town Meeting review Committee

From: Marilyn Ishler
Sent: Tuesday, September 29, 2009 8:54 PM
To: Bob Judge
Subject: Thanks

Thanks for coming to the hearing tonight.  We will be bringing a motion to the SB for STM on 21st.  Ira is cleaning up the motion from our discussion tonight.  It is to establish a standing committee to oversee electronic communication for TM Members
Marilyn


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From: Bob Judge
To: Marilyn Ishler
Cc: Linda L. Young ; 'Robert Judge'
Sent: Tuesday, September 29, 2009 9:41 PM
Subject: RE: Thanks

Marilyn:

You are welcome, but the real thanks are due to you and to the Committee for doing the unglamorous work.

You have your work cut out for you.  I no longer believe that anything can be done that will significantly increase the quantity and quality of participation in town meeting.  You, Linda Young, and others have been beating that drum well for years, but the residents have not responded to you adequately.

I was interested to hear your mention tonight of the Massachusetts town that has only 50 town meeting members, but has I think you said a larger population than S. Hadley.  I think that only a drastic reduction in size of that magnitude in S. Hadley’s Town Meeting will get the attention of residents.  It would tell them that by declining to participate more and better, many of them are going to have to sacrifice the right to vote as a town meeting member.  If that were to later cause a reaction that subsequently justified increasing the size of town meeting, fine.  It would be most cumbersome to decrease the size one year then increase it later, but if that is what it would take to shake things up, so be it.

Still, I hope I’m wrong.  I hope your attempt to reinvigorate Town Meeting works.  Just as I supported the Charter Commission’s recommendation, I look forward to supporting the recommendations of your Committee.

However, I continue to believe, as my letter in the Town Reminder said, that another Charter Commission should be formed, one that I assume would recommend a Town Manager form of government.  There are those of us like you, Linda, and I who I am sure will continue to participate actively in town government with or without a change in our structure.  However, we need significant change of one kind or another to get the attention of other residents to the idea that town government can be changed, and for the better.

-Bob

Conflict-of-interest law changes to take effect

Conflict-of-interest law changes to take effect

via Massachusetts Municipal Association by matthew_feher@mma.org (MMA Senior Legislative Analyst Matthew G. Feher) on 9/21/09

Conflict-of-interest law provisions contained in the recently passed ethics reform act are due to take effect on Sept. 29.

The new provisions include a requirement that all municipal officials participate in training on the conflict-of-interest law (Ch. 268A).

The State Ethics Commission has communicated directly with all cities and towns to provide information regarding the changes and the responsibilities of local governments. [See letter to communities]

A new section (27) of the conflict-of-interest law requires the Ethics Commission to publish a summary of the law on its Web site (www.mass.gov/ethics). Each city and town clerk will be required to provide a copy to all municipal employees "within 30 days of becoming such an employee, and on an annual basis thereafter." Each current municipal employee must sign a written acknowledgement that he or she has been provided with such a summary. All acknowledgements must be filed with the city or town clerk. The Ethics Commission advises municipal clerks to provide summaries to all employees by Dec. 28.

The ethics reform law (Chapter 28 of the Acts of 2009) added a new section to the conflict-of-interest law (now Sect. 28 of Ch. 268A) requiring the Ethics Commission to prepare and publish on its Web site two online training programs: one providing an introduction to the requirements of the conflict-of-interest law, and another providing information on the conflict-of-interest law for former public employees.

All municipal employees will be required to complete online training every two years. For new employees such training must be completed within 30 days of hiring. For current employees, the Ethics Commission suggests that municipal officials complete the online training by Dec. 28, using the program available on its Web site.

The online training program may be conducted at any computer terminal, including at home, and should take no longer than one hour to complete, according to the Ethics Commission.

The MMA has voiced serious concerns regarding the financial implications of this new requirement and has contacted the state auditor's office requesting an analysis and determination as to whether the legislation imposes an unfunded mandate on cities and towns, which is prohibited by state law.

Another new section of the conflict-of-interest law (Sect. 29) requires each city and town to designate a "senior level employee of the municipality" who will serve as its liaison to the Ethics Commission. The liaison is to be named by Jan. 27, 2010.

Other key changes made by the ethics reform law include the following:

• Criminal penalties for bribery have been increased: up to a $100,000 fine, or imprisonment in state prison for up to 10 years or in jail or a house of correction for up to 2½ years, or both.

• Civil penalties for bribery increase from $2,000 to $25,000. Civil penalties for all other ethics violations increase from $2,000 per violation to $10,000 per violation.

• The law specifies that public employees may not present false or fraudulent claims to their employers for any payment or benefit of substantial value.

• A public employee may not fraudulently cause another to solicit or receive anything of substantial value for an officer or employee for the officer or employee's official position; or use or attempt to use his or her official position to obtain for another unwarranted privileges or exemptions of substantial value; or present a false or fraudulent claim to his or her employer for any payment of substantial value.

For more information on all of these new provisions, contact David Giannotti at dgiannotti@eth.state.ma.us or (617) 371-9505.

• Summary of key provisions of the Ethics Reform Act
• State Ethics Commission letter to communities regarding new conflict-of-interest law requirements
• MMA letter to state auditor requesting unfunded mandate ruling on ethics reform law

Meals and Lodging Tax increases - Click here for more information

MUNICIPAL TAX HIKES (September 25, 2009)

While most communities have so far not taken up the Legislature on its offer to allow them to boost local taxes on meals and lodging, many have quickly okayed tax hikes, which will take effect around the state on Thursday. The increases will affect prices at restaurants and hotels, depending on their location, raising the specter of some border disputes. On Aug. 1, the state sales tax rate rose from 5 to 6.25 percent but cities and towns have the option of tacking on another 0.75 percent to the meals tax and 32 communities are doing so. The list includes Amherst, Auburn, Bedford, Blandford, Boston, Brookline, Cambridge, Chelmsford, Chicopee, Dartmouth, Deerfield, Everett, Franklin, Gill, Hadley, Medford, Melrose, Nantucket, Northampton, Palmer, Plainville, Raynham, Saugus, Somerville, Southbridge, Springfield, Sunderland, Taunton, Tyngsborough, West Springfield, Winthrop, and Worcester.

South Hadley fire units join forces: Separate departments seek $800,000 from town

Daily Hampshire Gazette - September 24, 2009

South Hadley fire units join forces: Separate departments seek $800,000 from town
by steve

SOUTH HADLEY - When the Select Board asked the two Fire Districts in town to work together, the latest joint initiative of the districts is not necessarily what they had in mind.
The Prudential Committees for Fire District 1 and Fire District 2, both independent governmental bodies, have agreed to approach the Selectboard, seeking the transfer of more than $800,000 in the town's ambulance fund to the two districts, said Edward Wall, Prudential Committee chairman for District 1.
If the Selectboard declines to transfer the funds, the districts are prepared to begin a petition drive to place the matter before Town Meeting this fall, Wall said.
Ambulance services run by municipalities typically break even at best, said Wall. The town ambulance fund, which has been used in the past to purchase police cars and supplement an account that aids police injured on duty, has such a robust balance because the Fire Districts were supplying the emergency medical technicians that staffed the town ambulance, he said.
The town halted its ambulance service in July. Ambulance service in South Hadley is now provided by the two districts.
"Essentially, we were donating the labor," Wall said. "The money was put in this enterprise fund to support ambulances. Our feeling is the savings should continue to be used for the ambulance service," he said.
Gregory Sheehan, Select Board chairman, said he is keeping an open mind about the proposal. The districts will have to show him how transferring the funds would benefit the town as a whole, Sheehan said.
"I think that ultimately they'll have to make their case to Town Meeting," Sheehan said.
But Sheehan is worried about the town's financial situation if the money becomes unavailable, he said. With state aid expected to be reduced again in the coming fiscal year and the town having lost more than $1 million in investments, transferring the money could lead to higher taxes or increased fees, he said.
"It could potentially lead to $800,000 less that we have to fall back on to plug holes in the budget," Sheehan said.
"We've been counting on that enterprise fund surplus. It would be a significant impact (on the town budget)," said Select Board member John Hine.
The balance of the fund is anticipated to revert to free cash July 1, and "will probably be needed to balance the FY11 budget," interim Town Administrator Jennifer Wolowicz stated in a recent memorandum.
Hine said that arrangements for running the town's ambulance were agreed on by both districts and the town when the surplus was generated. "I'm not sure there should be reconsideration of what was done in the past," he said, but added that he has not seen the specifics or rationale for the proposal.
Wall said that with the two districts combined, they represent the entire town. And with a split of the fund if it is transferred based on the population served by each district, "everybody in town gains or loses nothing," said Wall.
"I think we have a good argument," he said. "It's what the money was intended for."

Municipalities often set high price for public records - The Boston Globe

Municipalities often set high price for public records - The Boston Globe

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Sewer rate hike OK'd

Sunday, September 20, 2009
By SANDRA E. CONSTANTINE
sconstantine@repub.com

SOUTH HADLEY - The Selectboard has opted unanimously to increase the household sewer rate for the current fiscal year from $225 to $240 and from $240 to $265 per household for fiscal 2011, the following year. Last year, the town increased the sewer rate from $175 to $225 per household.

Officials approved the most recent increases Tuesday on the recommendation of Department of Public Works Superintendent James M. Reidy. He said a survey shows that even with the increase this year, South Hadley's sewer bills when compared with those of 21 surrounding communities as of Sept. 11 will be the second lowest. The study has South Hadley's rate tied with Ludlow's as the second lowest bill with the lowest being West Springfield at $200. The survey put the highest average bill at $663 in Belchertown.

Reidy proposed instituting increases over this year and next year instead of all this year to avoid rate shock.

"We want to spread these increases out so it isn't so painful," the public works superintendent said.

Selectman Marilyn G. Ishler asked Reidy how he is progressing on the switch to a system whereby bills will be based on usage. Under the current system, all households pay the same rate regardless of usage.

"There are some hurdles. I don't foresee doing that in the near future," Reidy said, adding that there are issues with software he needs to resolve and that he needs to set the rates now.

Reidy said the rate changes will help deal with increases in wages and retirement costs as well as to assist in paying down the debt service on $4.5 million in loans taken out for improvements completed this spring at the wastewater treatment plant.

Selectman Carlene C. Hamlin, who is also the town's clerk-treasurer, said the wastewater treatment plant account is taking a major reduction as part of writing off losses in the town's investment portfolio.

Selectman Robert G. Judge made the motion to increase the sewer rates.

Sewer bills will be mailed out sometime before Oct. 1 along with second quarter property tax bills. The sewer bills will be due Nov. 16 and the property taxes Nov. 1.

Selectboard OKs merit pay raises

Saturday, September 19, 2009
By SANDRA E. CONSTANTINE
sconstantine@repub.com

SOUTH HADLEY - Town Hall and other municipal employees who recently formed a union will soon get raises of 1.5 percent, 3.25 percent or 6 percent depending on job performance.

Most of the employees will receive the 1.5 percent increase, and only department heads were found worthy of the 6 percent raise, a point criticized by one member of the Selectboard.

Youth services librarian Marguerite A. Clancy, a leader in the workers' years-long fight to form a union under the American Federation of State, County and Municipal Employees, said the lowest raises are still below increases in the cost of living. "We are losing money working for the town," Clancy said.

The Selectboard recently approved the increases by a 3-2 vote after considerable discussion. Selectboard member John R. Hine made the motion to award the raises, which was seconded by Selectboard member Marilyn G. Ishler and supported by Selectboard Chairman Gregory R. Sheehan. Selectmen Robert G. Judge and Carlene C. Hamlin voted against the increases.

The system of raises based on job performance allows for raises of 1.5 percent for the 35 employees meeting expectations, 3.25 percent for the 28 employees sometimes exceeding expectations and 6 percent for the six employees often exceeding expectations. The raises, which are retroactive to July 1, will be funded from $80,000 approved for that purpose by Town Meeting.

Hine said the new system of awarding raises at a much a much higher spread than in recent years is an improvement. Last year, the town gave out raises of 3 percent, 3.5 percent and 4 percent annually depending on merit after several years of giving out raises less than those received by the town's unionized employees.

"I think we are better off than we were before," Hine said.

Sheehan said he likes the system allowing for a greater spread between employees just meeting expectations and those exceeding them.

Hamlin criticized the evaluations that showed only department heads often exceeding expectations.

Split vote nets raises for South Hadley employees

From the Daily Hampshire Gazette:
-------------------------------------------------
By STEPHEN C. HILL
Staff Writer

Friday, September 18, 2009

SOUTH HADLEY
The six top performing town employees, all department heads, will receive a 6 percent raise this year.

Selectmen in a split vote Tuesday approved the merit pay increase plan as proposed by the Personnel Review Board. Board members Carlene Hamlin and Robert Judge objected to the plan. Hamlin voted against them because no employees other than department heads were rated by the review board to "often exceed expectations" and Judge because he is concerned about reduced town revenues in coming fiscal years.

The review board's report, based on evaluations from supervisors, rated 35 of the 69 nonunion town employees as "meeting expectations," 28 as "sometimes exceeding expectations" and six as "often exceeding expectations." Those meeting expectations will receive a 1.5 percent raise, those sometimes exceeding will receive 3.25 percent and those often exceeding expectations a 6 percent raise.

"It just doesn't send a good message to me and to the employees," said Hamlin, after learning that all those rated as often exceeding expectations are department heads. "This will breed confrontation," she said.

As a new department head after being elected Clerk/Treasurer in May, Hamlin said she knows other employees to be outstanding. Most department heads are evaluated by the town administrator and with Barry Del Castilho serving part time as the interim administrator this year, he had less opportunity to observe their performance, she said.

Department heads, therefore, "all probably had a lot of input on their evaluations," Hamlin said. When told two of the six department heads were evaluated by the elected boards that oversee them, she said "I rest my case."

Although board chairman Gregory Sheehan voted for the merit raise plan, he agreed with some of Hamlin's points. "How can a department head be a superstar without some of his staff being superstars," he said.

Judge said state aid will likely be reduced in the coming year and the current budget is not in balance because Town Meeting rejected the local option to increase meals and rooms taxes. "This is not the time to increase your wage base," Judge said.

Town Administrator - Daily Hampshire Gazette - September 12, 2009

Town Administrator Town of South Hadley Town Administrator position; responsible to a five-member Selectboard; representative Town Meeting is legislative body; independent water, fire and electric light districts. Manages and directs town activities, departments and projects as the Chief Administrative Officer. Bachelor's Degree in public administration, planning or business management or related field plus five (5) to seven (7) years experience in a municipal, business or related field is required, or any equivalent combination of education and experience. Municipal or business management experience as a Chief Administrative Officer is strongly preferred. Master's Degree in finance, public/business administration or related field is strongly preferred. Experience with Massachusetts General Laws, collective bargaining, personnel administration, and the town meeting process is desirable, as well as experience with economic development. Salary depending on qualifications. Send letter of interest, resume and current salary to: Selectboard 116 Main Street South Hadley, MA 01075 or selectboard@ southhadley.org by 9/30/09

"Town administrator responsibilities set"

Monday, September 07, 2009

By SANDRA E. CONSTANTINE

sconstantine@repub.com

SOUTH HADLEY - Selectmen have agreed in principle to not add the responsibilities of handling personnel and procurement functions to the job description of town administrator.

Officials reached that conclusion during a working session of the board Thursday and are expected to vote to approve the job description when they meet Tuesday at 7 p.m. in Town Hall.

Selectboard Chairman Gregory R. Sheehan argued in favor of returning the personnel and procurement functions to the top municipal post. They were split off from the town administrator's responsibilities several years ago and have been handled on a part-time basis by Personnel Officer-Procurement Officer Jennifer L. Wolowicz. She has served as interim town administrator as well as having her usual responsibilities since June 1.

Sheehan argued that that shows all those responsibilities can be handled by one person.

However, Selectman John R. Hine said that that does not necessarily demonstrate all those functions should be performed by one person as there could be things that are not being done now that will make for problems later on.

Selectmen Marilyn G. Ishler and Robert G. Judge also said they lean toward keeping two separate positions.

South Hadley has not had a permanent town administrator in place for any substantial length of time since Patricia A. Vinchesi left the position about two years ago to become deputy director of the Springfield Finance Control Board. Michael A. Szlosek, Ludlow's former town administrator, served as the town's top administrator for three months in 2008.

Selectmen are in the process of putting together an advertisement to attract candidates for the town administrator job as well as forming a selection committee to help with filling the job.

Although some residents have expressed interest in making the position of town administrator more like that of a town manager, who could have direct authority over appointed department heads, selectmen on Thursday opted to not go that route.

Judge said that the proper way to go about making that change would be for a commission to be formed to seek the necessary charter change.

Town Administrator Search Committee

The South Hadley Selectboard has established a new a Town Administrator Search Committee that will have nine members. The Committee will screen applications for the position of Town Administrator, interview selected candidates, and recommend finalists to be interviewed by the Selectboard. The Committee’s work will occur mainly in October and November.

Four seats on the Search Committee have been reserved for the Town Moderator/Town Counsel and representatives of the School Committee, Appropriations Committee and the business community.

The Selectboard invites expressions of interest from South Hadley residents to fill the remaining five seats on the Search Committee. Send to 116 Main Street, South Hadley, 01075 or selectboard@southhadley.org no later than Wednesday, September 23. Appointments will be made on September 29.

Please let me know if you are interested in serving on the Committee. If you have a question, please feel free to contact me at BobJudge@comcast.net or at 413-532-5792.

Thanks for your attention!

- Bob Judge

Town Administrator or Town Manager?

August 26, 2009

Dear Editor:

Before the Charter vote last April, many South Hadley residents said that town government should be changed. Some of those residents said that the Town should replace the current Town Administrator position with a Town Manger position that has greater authority. This month, still more residents have told members of the Selectboard that the Town needs a position that is stronger than the current Town Administrator position.

The Selectboard voted on August 25 to establish a Committee to help us to hire a new Town Administrator. That Committee will have an interesting job and I encourage residents to volunteer to serve on it.

The Selectboard will change the current Town Administrator job description in September. However, changing that job description will not by itself make a significant change in how town government operates. To accomplish that, the Selectboard and others involved in town government would have to change how they work. So, we should consider other changes besides the Town Administrator job description. For example, a special-purpose committee earlier this year suggested that the Town should "consider removing (certain) positions from the elected process," to become appointed positions instead.

The best way to try to make significant changes in our town government is not by changing job descriptions, but through the establishment of another Charter Commission.

Do you want to help hire a new Town Administrator? If so, consider volunteering to serve on the Town Administrator search committee. Do you want to go further, to help make significant change in the very structure of our town government? If so, you and the other citizens of South Hadley should work to establish a new Charter Commission.

Robert Judge

Duties of town post reviewed

Thursday, September 03, 2009

By SANDRA E. CONSTANTINE

sconstantine@repub.com

SOUTH HADLEY - Selectmen hope to amend the job description of the town administrator at a meeting today at 7 p.m. to possibly give the position more responsibilities.

They are not expected to take any votes when they meet in Town Hall, but hope to hammer out a job description to be voted on at a subsequent meeting, Laura Krutzler, the board's administrative secretary, said Monday.

The town has not had a permanent town administrator in place for any appreciable length of time since Patricia A. Vinchesi left the position about two years ago. Michael A. Szlosek, Ludlow's former town administrator, served in the position locally for three months in 2008. Retired Town Administrator Barry L. Del Castilho has helped out by serving two stints as interim town administrator, most recently until June 1. At that time, Personnel Officer/Chief Procurement Officer Jennifer L. Wolowicz took over as interim town administrator with Del Castilho doing some consulting.

Officials had decided to delay a search for a permanent replacement until after the summer months and recently issued a call for residents to serve on a search committee. The town administrator is currently responsible for running the day-to-day operations of the town and carrying out policies and procedures set by the Selectboard.

Among the residents interested in expanding the responsibilities of the town administrator is former Selectman Linda W. Young. She was one of the leaders of a campaign that in April defeated a ballot question calling for dropping the town meeting form of government in favor of having a mayor.

At one of their recent meetings, selectmen talked about the possibility of adding duties and responsibilities to the town administrator job description so it will be more like a town manager. However, Selectmen John R. Hine and Marilyn G. Ishler said that such a change would require a charter change, a process that can be started with a petition.

Selectboard Chairman Gregory R. Sheehan said he would not be opposed to adding procurement and personnel functions to the job.