Adventures in Charter Review

There's no risk that the Sandwich Town Charter will ever be confused with the United States Constitution (and not just because one is stored in a bomb-proof, climate controlled vault deep in the basement of the National Archives while the other is stored in a manilla folder in the bottom drawer of Bud Dunham's desk!), but the principal is the same -- it lays out the framework for the operation of government

Not every Town has a charter -- which can lead to some "interesting" governmental issues.  For example, the Sandwich Charter prohibits Selectmen from holding any other town office or town employment while a member of the Board.  In the Town of Carver, which has no charter, two of the five Selectmen are also Town employees. That must make for interesting budget discussions.

One of the requirements of the Charter is that the Selectmen appoint a Charter Review Committee at least every 5 years to advise them on potential Charter revisions.  It also allows for the Charter to be amended by Town Meeting with the approval of the State Legislature.  It does not, however, specifically require that the BOS actually present the Charter Committee's recommendations to Town Meeting.  This discrepancy resulted in a minor political dust-up during the last round of Charter review discussions.

Last week's BOS agenda includes applicants' qualifications. The current pool of Charter Review Committee applicants looks pretty good -- a wide variety of professional backgrounds, most of whom have the reputation for doing their homework and playing well with others.  This would not be a good venue for random retaliation, excessive venom, or uninformed interrogations (unfortunately, that's what Town Meeting has become!).

Happy Thanksgiving!

(Insert your own joke here !)

9,807 Days without a contract ....

I was contemplating life at a traffic light this morning and started to think about how long I have been working without the benefit of a contract.  After a little quality time with Excel's date function, I have determined that for the past 9,807 days I have been employed solely as a result of my job performance.

I also know that there were a few times over those 9,807 days that my employer either was unwilling or unable to pay what I would like to have earned.  So ... I got myself another employer who was willing to do so.  

In the great free market economy, the law of supply and demand handles this situation very neatly.  Employers are willing to pay for the skills they need to operate their enterprise.  Employees are free to continue to  "trade" employers in an effort to get their desired compensation -- sometimes it works, sometimes it doesn't.

No private enterprise ever functions well (or may not even survive) by being forced to compensate employees without regard to skill level, job performance or work ethic.  Anybody been to Detroit lately?

Is the dramatic increase in student enrollment at non-union Charter Schools a coincidence?

I think not.

Speaking of Marketing ....

There's an interesting perspective on advertising for students on Cape Cod Today this afternoon.  (Click here)

While you're in that neighborhood there's also an interesting column on the Sandwich Teachers Union managing to "snatch defeat from the jaws of victory".  (Click here)

and about advertising ...

If the School Committee had money to waste on advertising, I think they should start two countdown clocks of their own -- the first counting the actual number of days the contract has been in negotiation (since Fall of 2009) and a second for the number of days since the Committee filed a request for mediation assistance from the State in order to settle the contract (Spring of 2010 -- two school committees ago!)

I think a more effective (or at least more interesting) approach would be to skip the silly drama and rhetoric and publish an ad that specifies exactly what the disputed items are.  If one side is asking for something ridiculous and/or unaffordable and the other side is unable to provide said ridiculous or unaffordable item -- that is reality, NOT disrespect.  The ultimate disrespect TO TAXPAYERS would be to commit to demands that can not be funded under current revenue projections.  

Is it fair to employees?  Maybe not.  Does it happen in the private sector -- where most people don't have the benefit of tenure, pensions, health benefits, and work 60+ hours per week for 50 weeks a year?  Yup, every day. 

R-E-S-P-E-C-T .......

A Golden Opportunity?

Buried deep in the last paragraph on the 37th and final page of the most recent Teachers Union contract (Click here for copy) under Article XXI is a clause which states:

C. In the event the parties commence negotiations for a successor Agreement as provided herein, and such negotiations are not concluded before August 31, 2010, then, in such event, the terms and conditions of this Agreement shall continue in full force and effect until a successor Agreement is executed; but in no event beyond August 31, 2011.

Could this "evergreen clause" finally give the Committee the leverage it needs to make some important contract revisions?

Why would that be a good thing?

Overlooking the opportunity to restructure payroll and benefits costs, this could provide an opportunity to  "re-visit" language and work rules in several other areas -- the starting date of classes, staff attendance policy, scheduling, review procedures, grievance procedures, etc.  This could begin to give the Administration the tools it needs to start operating schools where employees are expected to do their job correctly or be terminated.  There would be no union intervention if you didn't do your job,  got arrested, or were found to be  too "impaired" to do what you were being paid to do.

Is this legal?

I'm not a lawyer -- nor do I play one on TV.  But last October the Massachusetts Supreme Judicial Court ruled in a case involving the Boston Housing Authority that muncipal contracts are limited to three years and can not be extended under the terms of an "evergreen clause".  In supporting this ruling, The Mass Municipal Association wrote 

This SJC decision is a major victory for the taxpayers as its main effect will be to take away the union incentive to drag out contract negotiations for months and sometimes years after the contract has expired in order to increase leverage for their demands, with no downside to their dilatory tactics.  (Click here for full letter).

There is also a good news article on the impact this ruling has on local governments (click here). 


Have you no respect?

I have great respect for the teaching profession and a great many of it members.  My mother was a teacher, my daughter is studying to be a teacher, my kids have all had (and still have!) some great teachers.  I recognize that I don't have the patience to be a teacher -- although I have certainly benefited from many great teachers over the years.  I think good teachers should be given incentives to stay in the profession.  I think it is outrageous that a union can force a District to keep people who aren't great teachers.  These people negatively impact not only their students but the reputation of their colleagues.  I also think it is completely unfair that enthusiastic, well-trained, teachers are terminated every year while others who  have not updated a lesson plan since 1982 are not only retained, but also given a raise.

Why bring this up now?

The SEA contract expired on August 31, 2010.  It has been in negotiation since 2009.  Recognizing that no progress was being made, a prior School Committee called for outside mediation in 2010.  Nothing has been heard since.  Recently a school dance was cancelled because the teachers union was unwilling to provide chaperones without a new contract. (Despite the fact that, under the terms of the existing contract, teachers are entitled to $90 "extra duty compensation" to attend a school dance.)  I assume these small-scale job actions will increase as the union begins dragging more parents and students into their contract battles. 


Maybe the idea of having the entire contract re-written will offer incentive to resolve the situation?

Good PR... But at what cost?

I'm confused about the school committee discussion on "marketing" Sandwich High School.

I buy the idea of "improving the brand".  But, if I was shopping for a high school for one of my kids (and I am), I'd be more concerned about the quality of the education and the financial stability of the District than about the number of radio spots the District was willing to pay for.  In fact, I'd be concerned about a district that chose to spend scarce educational dollars on "marketing" (or pool cabanas !!).

Seriously, the District has been under siege for two years.  The best thing that could be done to "improve the brand" is to stay out of the damn newspaper! 

Of course, it would also be helpful if everyone was rowing in the same direction.

While Town and most school employees agreed to wage freezes, the Teachers Union has been unwilling to settle their contract for the past two years.  The union leadership did, however, find time to drive out a Superintendent, and file inumerable foolish grievances.  Now that they've had their fun, its time for the union leadership to settle the contract and begin rebuilding some public trust. 

On a related note, its also time for the School Committee to turn over contract negotiations to professionals.  Sending in uneducated, inexperienced volunteers to negotiate with their kid's homeroom teacher and the union's professional negotiators is like leaving a plate of scallops wrapped in bacon in front of my cat.  He'll bat them around for awhile -- and then eat them whole!  There's some Committee members that I wouldn't let run a deli cash register -- yet one of them is responsible for negotiating a multi-million dollar teachers' contract!

Another thing that may build some public confidence -- resolve the Community School issue.  The Community School was warned at least three years ago that their financial statements were essentially bogus and that they were heading for financial armageddon.  Two years ago, an outside auditor was brought in and raised similar concerns.  Today, (Surprise!) the Community School is on the verge of drowning in its own pool.  Pool revenues don't even cover operating costs --- let alone provide any funding for required capital maintenance. (Although, now there are some "cabanas" on the pool deck.)  Hopefully, the Superintendent will be able to locate three independent professionals to serve as Trustees and do what needs to be done.  Dr. Canfield is paid to run a school system -- not manage a pool club for the nice people of Cotuit, Marston Mills, and Mashpee!

There's a great quote in the Emptyprize this week:

School committee member Marie A. Kangas objected to the idea of using educational dollars for non-educational purposes.“Honestly,” she told the committee, “I would rather see new science books in the high school than spend $12,000 on a new website when we already have one.”

While I agree with her on this issue (THAT is a phrase I NEVER thought I would utter!!), It's ironic she doesn't feel the same way about using educational dollars to maintain the swimming pool.


There is always some "creative tension" between us "Bean Counters" and those "Marketeers" (which sounds way too much like "Mouseketeer!). I agree the District desparately needs better Public Relations -- but I don't think this is a problem that can be easily solved by throwing scarce educational dollars at it.

Finally, a Use for the Emptyprize !! (By Bob Guerin)

Finally, a use for the Emptyprize !!

It’s official. Whatever the Sandwich Enterprise is, it is NOT a newspaper.

This week the front page of the Enterprise is dominated by 2 articles about the High Schools’ open, part-time, Athletic Trainer position. Amazingly, one of the two Athletic Trainer articles is just “the first of a three part series.” I don’t think the Washington Post needed 3 parts to report Watergate and topple the Nixon adminstration.

Let’s not forget too that last week’s Enterprise contained a lengthy Editorial about the High Schools’ open, part-time, Athletic Trainer position also.

The rest of page 1 provides yet another listing the 50 or so private roads and dirt pathways the Town will not plow this winter. Really. That’s Page 1 of the so-called newspaper.

Maybe it’s just me but I don’t think any of this is “news” and I certainly don’t think any of this represents the most interesting, most impactful or most useful facts and information that could have been written about this week in Sandwich.

A newspaper is, according to Merriam–Webster, “a paper that is printed and distributed usually daily or weekly and that contains NEWS, articles of opinion, features, and advertising.”

Whatever else is in there, it is hard to say that the Enterprise contains “news.” It’s NOT a newspaper. But, maybe, that’s not news to anyone either?

Living in A Parallel Universe ?

The local papers have had a few great quotes  recently.

In the first situation, a local Hysterical Commission member asked the BOS to " table any action on Clark-Haddad until November so her panel could develop some “objective criteria” about the old building; and perhaps conduct a community visioning session related to its future viability".  Apparently the past 3-4 years that the building has been left there to rot were insufficient time to establish "criteria".

And, I have always believed you can NEVER have enough "community visioning" !!

Can we just cut to the chase -- I would be amazed  to see Town Meeting vote to spend $150,000 tax dollars (CPA funds ARE tax dollars!) to move a decrepit building across Town to give the local Chamber of Commerce a new clubhouse.  A cute clubhouse will not bring in the development or tourism dollars this Town needs.  Improve the beaches, clean-up the marina, improve public safety (on land -- stop chasing Fireboats!), and begin to develop a track record of cooperating with -- not extorting -- what few local developers still exist.

Speaking of developers ...

The second article involved local developer Tom Tsakalos' interest in building a Town Library on land he owns in the Golden Triangle area.  

Tsakalos is a guy who could not only make a silk purse out of  a sow's ear, but he would still have enough material left over to upholster a couch.  Tom has shown over and over that he can get the job done.  Anything substantial that has been built in Sandwich over the past decade was probably built by Tom.  I would be willing to bet the second largest taxpayer in Town (behind the Power Plant) would be Tsakalos.  At the rate the plant is going, he may soon be THE largest.

What is the response to his generous offer from the Library folks?  “The challenge here is to determine if our vision for a library matches his vision for a library.  ... I’m not sure his building will be what we've envisioned for a new library.".

A better answer would have been, "Thank you very much!  Welcome to the future site of Tsakalos Memorial Library".  Here's what I've envisioned for a new library -- a practical building of sufficient size and with appropriate parking and sewage capacity (ie. unlike the recent Town Hall reno).  It would be nice to have a building built by a guy who actually builds buildings AND maintains them.  It's the "maintaining" part where we seem to have problems.  We don't need more meeting rooms, we don't need pizza rooms, we don't need to provide teleconferencing facilities.  In this age of Nooks, Kindles, and Tablets, we probably don't even need a lot of room for books!

Of course, this probably would mean giving up the old library -- because if we can't afford to operate the existing one, there ain't no way we're going to be able to afford a second one!

In the third situation, a selectman expressed concern that a potential access road being proposed by Tsakalos -- to be built at his own expense to access land parcels owned by both him and the Town might "interfere" with the Pop Warner Field.  This concern isn't even the tail wagging the dog -- this is a flea wagging the dog!!  The land under that field was loaned to the Pop Warner organization.  Please don't tell me we gave away the right to relocate that field so we can access the 50+ acres behind it!

So, while we're wasting time arguing about spending money we don't have to move a building we don't need;  thinking up reasons why a $15 million library is better than a free one; and arguing whether a free road is A Bad Thing, we aren't talking about the looming deficit, the failing infrastructure, declining State Aid, the reduction in Power Plant tax revenue, or the fact that the Teachers Contract has been in negotiations for two years.  We also aren't talking publicly about a new Public Safety Building, the consolidation of Town offices, the impending renovation/decay of the Wing School, rising labor costs, or how we plan to maintain the new (almost) $1 million fireboat that we asked Uncle Sam for (maybe we could store it in the Clark-Haddad building?).

Beam me up Scotty ...

What am I missing?

Homeland Security Moose Boat
coming to a Marina near you !

I'm a big supporter of our public safety agencies -- I think our Police & Fire Departments are under-staffed and under-equipped.  I think their headquarters buildings are an embarrassment as as well as a safety hazard.

But, at a time when we can't open our third fire station or get an ambulance to the far corners of Sandwich -- even to rescue two of our own firefighters injured in a house fire -- how can we justify operating a $900,000 high-tech fire boat capable of hunting dirty bombs along the Cape Cod Canal ("Hey, you -- open that tackle box slowly !!").

Granted, the boat was a "gift" from Uncle Sam -- but anybody who has ever been given a free horse knows the cost is the care and feeding of the beast, not the acquisition cost.  How are we going to pay for the ongoing maintenance and training?  I hope we won't treat this boat the same way we treat other Town assets (ie. just ignore them and hope for the best).  How much rental income will the Marina lose by giving away a 40' slip?

I have to assume we won't be leaving a million dollar piece of equipment  unattended at the marina.  Who's going to babysit it?  If we can't staff our existing stations, how can we justify staffing a fireboat?

What's the Coast Guard for?  There's usually a pair of 40' USCG Boats stationed at the marina.  There's also multiple Canal Patrol boats staffed by the Army Corps of Engineers.  Lately, there also seem to several small, but very heavily armed, Navy boats in the the Marina --- let them defend the canal!  

No offense to my friends on SFD, but in the event of terrorist activity, I would be a little more comfortable seeing a heavily-armed Coastie on-scene than a Sandwich fireman.  Likewise, when I finally have The Big One, I would much rather have a Sandwich firefighter at my house working the defibrillator, than out on the canal checking the Onset Canal Cruise Boat for potential terrorist activity!

So much for reducing the Carbon Footprint ! (A guest Column by Mrs. Winchester)

This was contributed by a local resident who, while known to me, would prefer not to be known to others.  Although I would prefer including a contributor's name, I thought this was worth posting nonetheless.

Last fall on a beautiful Sunday afternoon we, like many, many others ahead of us, waited in line at the dump to get rid of our leaves. 90% of the people in line (out to Rte 130) were dumping leaves - not trash. There should have been a "pass through" lane. But, it gets better. Everyone dumps their leaves at the rear of the recycle bins. The leaves just get dumped on the ground. Next to the pile is a big trailer-truck hopper. The dump workers use heavy equipment to scoop up the leaves and fill the truck hopper. Which is then hooked up to a truck and driven up the hill to the huge compost pile where the leaves are dumped. 

Let's skip the part where we are employing DPW workers for the sake of finding them something to do (and polluting the environment and wasting fuel at the same time) and just have the townspeople drive up the hill, bypassing the line for people waiting to dump their trash, and dump the leaves in their final resting place at the huge compost pile. Then, if a DPW worker REALLY has a hankering for operating large equipment, they can push the leaves around up there. 

What a waste of time, manpower and money.