Friday, August 20, 2010

Ethical Scorecard ?

There's been much criticism focussed on the prior School Committee Chairman's failure to properly post the meeting where the Superintendent's contract was voted. 

Despite the fact that the continued meeting was announced 46 hours in advance during a posted public meeting, was widely publicized on local cable, the local paper, and on a large sign in the High School lobby, it was not posted on the bulletin board in the Clerk's Office 48 hours in advance -- as apparently required by law.

While I am not aware of any huge multitude of citizens that trek to the Town Hall Annex on a daily basis to check for possible meetings to attend, the strict letter of the law was not met -- regardless of whether the spirit of the law was.  Although the Committee unanimously voted to continue the meeting, the Former Chairman deserves a kick in the ass for not double-checking the posting requirement for "Continued" meetings.

(Kicking self in ass now)


OK, so besides choosing to disregard the portion of Open Meeting Law requiring a judge's ruling to vacate a contract (thereby opening the Town up to potential litigation exposure),  how has the new Committee fared in their other ethical challenges since the election?

1) Kangas announced at her swearing in ceremony that they had already picked their new Chairman.  Maybe not a violation of the letter of the law because her discussion with her new colleagues took place before she was sworn in (BUT probably after she was elected).  This was, however, certainly a violation of the spirit of the law which requires open public discussion of all Committee business. 


2)   Crossman petitioned the Board of Selectmen for permission to retain her position as a paid pool employee at the Community School, despite being a member of the elected board charged with overseeing that operation.  The tough decisions she should be making as a School Committee member would have a direct impact on her Community School employment.

3)  Kangas sent an email to the entire Committee discussing several school issues and asking for responses from members.  Following a citizen complaint to the Attorney General's Office about illegal deliberations, the Committee acknowledged that she violated Open Meeting Law ... well, kinda sorta.  The wording of their response actually triggered another violation inquiry to the AG's Office.


4)  The Committee response to the Kangas email issue that indicated the incident DID occur (and wouldn't happen again) but that no "substantive violation" occurred because no member responded to the  email.  The law appears to specify, however, that the violation is triggered by sharing an opinion with a quorum of members --  EVEN IF NO RESPONSE IS REQUESTED, the Attorney General's Office is now following up on this complaint.  Details to follow ...

5)   At the August 4 meeting, Crossman took an active part in Committee discussions regarding  the allocation of pool costs.  She did not recuse herself from the meeting or even make a  public disclosure that she is a paid employee of the Community School, as required by law.  Her paid position with the Community Pool could be directly impacted by any Committee decision regarding the pool.  I suspect this issue will arise again unless Nancy leaves the table during every discussion of pool operations.

6)  The Board of Selectmen announced yesterday that the School Committee Chairman decided to forward the Superintendent's contract to the AG for review (perhaps she has begun to doubt the wisdom of prior legal advice?).  This decision was apparently made without any committee meetings or public discussion.  Discussion with other members of the Committee may have (again) highlighted the fact that the law specifies ONLY a judge can invalidate a contract -- and that continued stalling will likely result in higher legal costs (not to mention MORE wasted time.)

7)   There have also been School Committee meetings that were scheduled and subsequently cancelled at the last moment.  Maybe folks realized that they were not properly posted according to the new Open Meeting Laws?


Given the tremendous amount of attention they must be paying to the serious budget crisis the Town is facing, including the need to cut the current year school budget due to declines in State Aid, and the unsettled Teachers' Contract,  not to mention a potential capital override request in the Fall and an Operating Override in the Spring, I could see why they may have occasional ethical amnesia.

What?

Oh, they aren't talking about the budget, or the contracts, or working with the Board of Selectmen, or FinCom?

Well, never mind.  I gut nuthin'!


7 comments:

Anonymous said...

I see by the latest posting that no matter what the current members do they are critized for every thing.Its to bad the previous sc members did not receive the same treatment as they are now doing.

Bob Simmons said...

These are factual comments regarding actual specific violations -- these conflicts did not occur last year.

Do you have any specific information that proves otherwise? Or, just some more vague rhetoric?

Anonymous said...

Thank you for number 5 - I have been waiting for someone to point that one out! Ms. Crossman should be removing herself from every discussion on the pool costs!

Anonymous said...

oK Bob
Lets take fact #1 "But probably after she was elected." Were you there were you involved with the discussion.How is that statement a fact.
#2 She has already stated her employment with the school (5hrs a week)when she was running are you saying everytime Community School issues come up she has to restate that fact.Also did other sc members excuse themselves from

issues when their spouses worked for the school.
#3 You criticize about the chairman having the AG get involved but you stated "I would have acted Unilaterally" Iguess its ok for a man but not a woman
#4 How many meetings were cancelled that were not properly posted. Oh and you never had that happen right.

Bob Simmons said...

Anon 8:12

#1 -- I said "probably" -- I doubt anybody would bother discussing Chairmanships (or anything else)with Kangas BEFORE being elected.

#2 -- YES I expect her to disclose her conflict of interest at the begining of every discussion OR I expect her to leave the table --- that's not just me -- that's from the Mass Ethics Commission!! (We have not heard the last of this issue.)


#4 -- The man/woman comment is pathetic. I would have taken the heat for acting unilaterally (although I don't recall ever needing to do so) BUT I would have notified committee members imediately what was done and why. My bigger criticism is that she went to the wrong place. The law clearly states that a judge needs to rule on an executed contract -- not a DA, or the AG, or Laura Carlyle, or the Inspector of Weights & Measures. If it had been discussed at a meeting -- somebody may have pointed out that error and saved everybody some time.

#4 -- After seeing the consequences of the ONE unintentional Meeting Posting error that happened on my watch -- I can not imagine that anyone would EVER improperly post a meeting again -- ESPECIALLY given all of the recent publicity of the new OML meeting posting requirements. There is no excuse for that.

Anonymous said...

Any SC member who has any conflict of interest needs to state each and every time, they have a conflice when the subject they have a conflict with comes up. It doesn't matter if there is a vote or not. And this is according to the state ethics office. This is so the public knows where they are coming from in the discussion. It is to protect the public from political speak among other things. On this board that will be very important going forward. The citizens, each board member has take an oath to serve ethically, needs to know each and every time someone who is compromised is discussing a subject they are not fully objective on.

ricksabetta said...

have we all really fallen that far as to turn it into a man/woman issue??? My God!!!