Three Rules.

In a little over a week, we will go to the polls to vote.
This is a General election.

Just musing over the ballot questions here in Massachusetts. It is actually easier to get a statewide ballot question on the ballot than it is to get a local question on.

Whatever you consider the proper side to be on for a ballot question, continuously we hear that it matters little as the Legislature can “modify” the will of the people. This is why, for example, the electorate voted to bring the State sales tax back to 5% but the Legislature currently has it set at 6.25%.
This year there is a ballot question to lower that tax to 3%.
Polls or public opinion doesn’t matter because most people running for office are opposed to this question. Numerous legislators, mostly incumbents, are against such a measure, should it pass.

This “problem”  has perplexed me for some time.

I have arrived at a solution.
We need a ballot question that states;

1. A legislator must (SHALL) vote on an issue that was a ballot question in the same fashion as the majority of voters in his/her legislative district until the next general election.
So I hear some moans of, that ties a legislators hands and removes their personal point of view from the equation. I hear that argument and thus add the following disclaimer.

2. Any Legislator who feels compelled to vote in favor of the minority opinion as expressed by the results of the last general election Shall have their salary reduced by 1/2 of the percentage on the failing side of the ballot question.
Whoa. I hear the response. That is a pretty steep penalty for voting your heart. (?????). So I offer the third and final portion of the ballot proposal.

3. The percentage in #2 above Shall be modified by adjusting for the percentage of registered voter turnout at the general election just preceding.
Now you sound like a Legislator. What does all that mean?

Let us assume that a ballot question is voted favorablly in a general election.
The totals are 52% in favor and 48% against.

A legislator feels that the question should have failed. That legislators District voted the same as the general results. There was a 24% voter turnout in that Legislators district.

The ballot question comes before the legislature for aproval after the election.
The Legislator is obligated to vote for the measure by rule # 1.

The legislator actually votes against the bill.
Using rule #2 we determine that the Failing side represented 48% of the voting electorate. So,the percentage is 0.48 (48%) times 0.5 (1/2 or 50%). That equals 0.24 or 24%. If we just applied this rule the legislator would have their salary reduced by 24%. That could be about $14,500 per year.

However we then we apply Rule # 3.
We apply 24% voter turnout to the 24% determined for rule #2. This gives us 0.24 times 0.24.
the result is the legislator has their pay reduced by .0576 or 5.76 % until the next general election.

I think that is a pretty simple set of rules. It allows flexibiility on the part of all parties involved.
Just one major issue with this rule.
It needs to have a rider attached that states; These 3 rules Shall overide any and all existing legislation. When a conflict between these 3 rules and current rule of law exists, these rules Shall take precedence.

That is a Ballot Question proposal.

Interested to hear your comments.

Your Cash is no good here.

All the paper money that I have states ” This note is legal tender for all debts, public and private”.
Except,
the City of Methuen does not accept cash from it’s citizens to pay their debts to the City.
The City website states:
“Cash Payments No Longer Accepted:
As of August 1, 2010, cash payments will no longer be accepted at the Searles Building (City Hall) or the Quinn Building (City Offices).
Checks only will be accepted.
Credit or debit card payments can be made via the Online Bill Payment links on this page.”
I don’t recall a vote or ordinance or executive order that made this decision.
Let’s hope I don’t have to read this literally; “cash payments will no longer be accepted at ” shouldn’t mean we have to meet surreptitiously to pay our debts in cash.
(Shhh, meet me behind the High School, I want to give you cash to pay my water bill this year.)
So I can’t or couldn’t give the City even $1.00 in cash to pay down a debt.

If one makes a Freedom of Information request, you cannot pay for the information in cash.
Regardless of the cost: $1.00 or $100.00.

What was the rationale behind this?
Has City office space been robbed? Targeted?
Why is cash no longer legal tender in Methuen? Who decided this?
Are we going to issue our own script? Backed by the good faith of the City?

May or may not be a good move but there should be some explanation for this decision.
Arbitrary or capricious should not be acceptable.
We only request a discourse and explanation for this.

Charter Commission

Last Night, the Charter Commision held a public hearing and live broadcast.

The topic was public input on the current proposed changes to Methuen’s charter.

Here is the story in the Eagle Tribune. [ Methuen Residents call for stronger term limits]

Let me note that Mr. Robert Leblanc gave a wonderful presentation of his feelings.

Here are the notes I used for my presentation.

I wish to speak on two subjects tonight.

I begin quoting from the Constitution of the Commonwealth of Massachusetts, PART THE FIRST,
A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts.

Article VII (7). Government is instituted for the common good; for the protection, safety, prosperity and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men: Therefore the people alone have an incontestable, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity and happiness require it.

Article VIII (8). In order to prevent those, who are vested with authority, from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life; and to fill up vacant places by certain and regular elections and appointments.

I support term limits as the founding fathers envisioned them. Serve and then return to civilian life. Six years seems to be the original norm and has been the norm in Methuen for a very long time.
Before politico’s began to tamper with the process, the electorate stated emphatically that they support lifetime term lmits.
I ask that you stop looking at your own vested interests and begin to think of implemeting lifetime term limits after six years of service. One only needs to look to the original Articles of Confederation and the letters of Thomas Jefferson to comprehend that term limits were an expected part of citizenship.
Term limits are not a negative statement about the character or characteristics of existent politicians. It is a means of engaging a larger populace in the decision making process that creates the climate we all live in.

If the playing field were level then I may buy the argument, so often presented, that elections are the democratic means of arriving at term limits. Perhaps, in a day when the moral climate was different, or existent, and incumbancy, war chests and career politicians were not the norm a facile argument could be proferred. Today it is a demeaning argument that assumes the electorate is oblivious and tends to be presented by entrenched politicos who use it as a polite way of speaking down to the electorate, instead of engaging them, and recognizing the truth in the statement that governments are formed “of, by and for the people”

An aside Regarding Appointments. Any opening shall be filled within 60 days. All positions spelled out in the charter or by statute or ordinance should be either filled or removed within this time frame.
*******************************************************************************
Secondly, I once signed the Open Government Pledge. which states;
“I believe the government of Methuen belongs to the citizens it serves.
I believe that government functions best when its discussions and decision making occur in the light of day.
I believe that citizens of Methuen have the right to access government records, discussions and decisions, outside of narrow exemptions specified by law.
I then pledged to abide by the spirit and letter of Massachusetts’s Public Records Law and Open Meetings Law; and support legislation or initiatives that promote openness and transparency within government.
Specifically, I pledged to support legislation requiring the posting of all government contract and financial transactions in an online, easily searchable database that includes the amount of individual payments, to whom each is made, an explanation of the payment, and an explanation of the budget category under which the payment falls.”

Make Note;
The US Congress passed the Federal Funding Accountability and Transparency Act of 2006 (Public Law. 109-282) to increase transparency and accountability in government spending by providing the public with access to information about federal awards through a free, single, searchable website.
Under the act, “federal awards” include grants, subgrants, contracts, subcontracts, loans, cooperative agreements, purchase orders, task orders, delivery orders, and other forms of financial assistance. They do not include individual transactions valued at less than $ 25,000.

In the intervening years five states (Hawaii, Kansas, Minnesota, Oklahoma, and Texas) , in response to the federal law, enacted legislation establishing public-access websites to track government spending.

In addition, the governor of Missouri issued an executive order for the same reason. Indiana’s executive order establishing a website to log state contracts on the Internet preceded the federal law’s passage.

Several other states, including Illinois,Connecticut, Georgia, Maryland, New Mexico, and Tennessee, have discussed similar proposals.

The Federal Funding Accountability and Transparency Act establishes a public-access website to track government spending. The website must be up and running by January 1, 2008 and provide the following data for each federal award:
1. the recipient’s name;
2. the dollar amount;
3. the transaction type, funding agency, North American Industry Classification System code used to identify market sector or Catalog of Federal Domestic Assistance number, and funding purpose;
4. the recipient’s location as well as the primary location of performance under the award, including city, state, congressional district, and country;
5. a unique identifier for the recipient and the recipient’s parent entity, when applicable; and
6. other information that the Office of Management and Budget deems relevant.

The act exempts from disclosure personal information on federal employees and federal assistance recipients. In addition, the website does not have to provide information on (1) credit card transactions until October 1, 2008 or (2) subgrants or subcontracts until January 1, 2009.

Generally, the major aspects of existing state transparency laws are similar to each other and the federal law. They all establish a free, publicly-available, and searchable website of state expenditures.

I strongly recommend that real transparency, as embodied in the Federal legislation, be incorporated into the next Charter of Methuen. Establish in the charter a free, publicly-available, and searchable website of all municipal expenditures.

Thank you.

Texting Ban

Does the texting ban apply to all?

Here is a post from the Boston Globe;
Taken from that article is the following;
“Boston police officials said that officers in traffic units across the city will be on the lookout for violators, and they plan to target young drivers, who tend to be the worst offenders when it comes to texting.”

You can imagine my suprise as I was driving in Billerica yesterday.
I came to a traffic light at Rt 3A. I saw a local police car (Plate # 22U) easing up to the traffic light in the next lane. As the car approached, I looked over and saw the officer busy typing on his computer. When the light changed he began driving and I saw the screen changing on his in-cruiser screen. He was typeing and driving.

I began to wonder…
Could I pull him over and ask him to write a ticket to himself for breaking the texting law?
Was I breaking the spirit of the law by watching his computer screen as I drove?
Does it apply to computers mounted in your car?
Is that the loophole?
(Sorry, just assuming that any law written on Beacon Hill has at least one major loophole.)

I found the following definion on a lawyers website.
“The new law, Chapter 155 of the Laws of 2010, amends Massachusetts General Laws, Chapter 90 in numerous ways. First, it defines “electronic message” to include texting, use of the internet, or other “keystroke” entry systems. ”

So will our local community assure that government officials, including Public Safety personnel comply with the law?

Guess we will have to wait and see if any Municipal vehicles get “pulled over” and ticketed for violation of this law.

Solar Power

Just in case you missed the event, as I did;

The old Columbo plant in Methuen has moved into the 21st Century. After deleting the Columbo brand to concentrate on the General Mills Yoplait brand, the plant has upgraded it’s facilities to reduce cost and use the sun for a large part of it’s energy needs.

Solar power panels have been installed and the plant is now GREEN.

This is great news.

Here is the announcement.

It was also mentioned in Mass High Tech news. Even Packaging World made mention.

Not a stir in our local papers.

There is a link to Governor Patricks speech about the unveiling on the City of Methuen website. See “Governor Patrick General Mills Solar Project Video” at links on the Mayor Office page.

Why isn’t our government driving their costs down by embracing solar power?
Why aren’t they helping local citizens to investigate and install solar electric and solar heating?
What ever became?
METHUEN TAKES LEADERSHIP ROLE ON ENERGY ISSUES

Guess our leadership went the way of the dead links labelled;
November 2, 2006- MAYOR MANZI MAKES COMMITMENT TO ENERGY EFFICIENCY AND ENVIRONEMNTAL AWARENESS ( in Press Releases) or November 2, 2006- MAYOR’S COMMISSION ON ENERGY EFFICIENCY AND GREEN GOVERNMENT (in Executive Orders).

Stay informed.

Wind Power.

Though there appears to be no end to the amount of wind power generated during an election season, the City of Methuen has had a study done to determine the feasability of installing a wind turbine on top of the hill at the Town Forest.

I provide the study here. It was completed by UMASS Wind Energy Center.

The Methuen Community Wind Project began in December of 2008. Have you heard of it?

It will require the construction of a ROAD in the Town Forest and a variance of usage.
The Town Forest is protected Open Space in perpetuity.
That will need to change to install the tower or two.

I am not against Wind power but I am concerned about giving up Open Space, especially at the Town Forest.

Why can’t the turbine be built at the Town Yard? There is room there and it would be visible to visitors driving up and down Route 93. A kind of welcome to Methuen, we are a Green community signpost.

Pie Hill is another good location. Why not at the LOOP?

Citizen discussion should begin and suitable locations chosen. I do not consider locations which are Open Recreational space as suitable for a wind turbine. But I will keep an open mind about options.

Solomon- Read all about it….

Here is a link to the Civil Service Document. (As PDF document)

Solomon Decision.

Here is a link to the same article on the Civil Service Commission website.

Decision.
Scroll down the page to :
Solomon, Joseph v. City of Methuen 7/29/10
Click and the PDF will open.

This is the decision mentioned in the following Eagle Tribune articles.

State: Solomon can come back as Methuen police chief

Commissioner Stein on Manzi, Solomon.

Mayor calls Solomon ruling a “political diatribe”.

From (Mayor William Manzi Blog site) BillManzi.com;
Mayor’s Statement Re Civil Service Case.

Read it for yourself.

Privatize Government????

Was reading Yahoo web today and saw this article.
Copied. (Link to original)

Raised the question in my mind;
Why can’t Methuen investigate the cost of all city services?
Assume they were privatized.
Then either bring the municipal budget in line with that or actually privatize the functions?
Read the story and decide for yourself.

Maywood, California, lays off all employees
Tami Luhby, senior writer, On Thursday July 1, 2010, 8:00 am EDT
Tiny Maywood, Calif., laid off every single one of its city employees on Wednesday.
But that doesn’t mean the city is closing up shop. City Hall will still be open, as will Maywood’s park and recreation center. Police will continue to patrol the streets.
They just won’t be staffed by Maywood employees. The city can’t have any staff because it can’t get liability or worker’s compensation insurance for them. Maywood’s carrier, the California Joint Powers Insurance Authority, dropped it earlier this month in part because of several police-related claims.
Instead of declaring bankruptcy, Maywood officials decided to outsource all city functions. The Los Angeles County Sheriff’s Department will patrol the streets, while the neighboring city of Bell will cover other city functions, such as staffing City Hall.
Maywood already relies on contract workers and outsources many city services. The director of parks and recreation, for instance, is a contractor, and the city’s lights, landscaping and street sweeping are handled by private companies. Los Angeles County maintains the library and fire department.
Some of Maywood’s 96 employees — which include 41 police officers — will also continue as contract workers. Elected officials, such as the city council and the city clerk, will remain on the job in the 1.5-square-mile municipality, which has about 45,000 residents.
“Odds are residents will see the same faces as in years past, just under a different administrative process,” said Magdalena Prado, the city’s community relations director, who is a contract worker and is keeping her post.
Maywood is billing itself as the first American city to outsource all of its city services. In an odd twist, officials say it can provide even better services because the shift will help it save money and close a $450,000 shortfall in its $10 million general fund budget.
For instance, the contract with the sheriff’s department costs about half of the more than $7 million spent annually to maintain the Maywood police department, Prado said. And patrols will be increased.
“Our community will continue to receive quality services,” Mayor Ana Rosa Riso said in a statement. “Maywood’s streets will continue to be swept, our summer park programs will continue to operate and our waste will be collected and hauled as scheduled.”
Stressed cities
A growing number of cities are looking to contract out or share services regionally as the economic downturn takes its toll on municipal budgets.
“Everything is on the table,” said Chris Hoene, research director at the National League of Cities. “The fiscal stress cities are feeling mean they are looking for alternative options to deliver services that cost less money.”
Some 7 in 10 city officials said they are cutting personnel to balances their budgets, while another 68% are holding off on capital projects, according to a survey the league did in May. More than half of respondents say they will make to further slash city services next year if taxes or fees are not raised.
Not everyone is distressed by Maywood’s unusual plan for providing city services. While Jesus Padilla feels sorry for the workers being affected, he thinks things might improve. He’s made lots of calls to the county sheriff’s department when he worked as a security guard and said officers always responded promptly.
“The council made the best decision it could,” said Padilla, a local activist who has lived in Maywood for more than 30 years. “It’s going to be good for the city and the citizens.”

Methuen-Accreditation

Lot’s of discourse about High School Acreditation.
Most of it was emotional rhetoric aimed at firing up the crowd.
Politicos are not giving straight information to the public.
They are relying upon emotional appeals instead of factual information.
They are either looking at the sound bite or what will fire the anger of the crowd to force action.
This is a huge expense over a number of years.
The High School is not currently in danger of losing accreditation.
Each year we garner more and more college grants and scholarships.
A failing school, generally, sees these numbers declining not rising.
So, if you read the paper, or listen to the school administration, we are at least adequate academically.
There is a criteria for Building evaluation. It is listed in the Support Section;COMMUNITY RESOURCES FOR LEARNING (All the standards are listed here:http://cpss.neasc.org/)
Here is a copy of the section. Items 3 through 8 are the applicable sections.

Active community and parent participation, facilities which support school programs and services, and dependable and adequate funding are necessary for the school to achieve its mission and expectations for student learning.
1. The school shall engage parents and families as partners in each student’s education and shall encourage their participation in school programs and parent support groups.
2. The school shall foster productive business/community/higher education partnerships that support student learning.
3. The school site and plant shall support and enhance all aspects of the educational program and the support services for student learning.
4. The physical plant and facilities shall meet all applicable federal and state laws and shall be in compliance with local fire, health, and safety regulations.
5. Equipment shall be adequate, properly maintained, catalogued, and replaced when appropriate.
6. A planned and adequately funded program of building and site management shall ensure the appropriate maintenance, repair, and cleanliness of the school plant.
7. There shall be ongoing planning to address future programs, enrollment changes, staffing, facility, and technology needs as well as capital improvements.
8. The community and the district’s governing body shall ensure an adequate and dependable source of revenue to provide and maintain appropriate school programs, personnel, services, facilities, equipment, technological support, materials, and supplies for student learning.

9. Faculty and building administrators shall have active involvement in the budgetary process, including its development and implementation.

There are 10 Massachusetts High Schools on the Probation list. The oldest on the list,since 1999. Though Methuen saw a note in our accreditation report in 2003 and, I believe, also in 2006, no official action has been taken to place this School on Probation.
Rule changes will take effect in 2011.
We will be re-evaluated next in 2012.

I understand that a loss of accreditation is a blow to a community.
Methuen has been trying to be proactive to stave off any adverse actions to accreditation.
Bringing this up in the current debate is counter-productive.
It simply diverts your attention from the important parts of the debate-COST and the following questions;
Is the upgrades purpose clear? Will this ensure the health, safety, and well being of students and school personnel.
Does the upgrade address a specific and existing problem, interest, or need?
Is the upgrade designed so that it is not redundant or duplicative of any other Federal, state, local or private effort? Most school construction is financed through local tax revenue, often through the use of bonds. What is our total Bonded Indebtedness over the usefull life of this project?
Is the upgrade design free of major flaws that would limit the program’s effectiveness or efficiency? What is our practical capacity to issue bonds. What is the percent of their bonding capacity?
Is the upgrade design effectively targeted so that resources will address the program’s purpose directly and will reach intended beneficiaries? What is our major need for facilities imporvements.

MEA Culpa

Again, at last nights (05/10/2010) School Committee meeting we heard a rehash of Ms. Donna Gogas original Lawrence Eagle Tribune Letter to the Editor.
Here is my unpublished response to that Letter.

To the editor
Re:Letter: Story confuses public on teachers’ pay

I don’t think the public is as confused about teachers pay as Ms. Gogas would imply.
Whatever terminology one uses in a contract discussion is not relevant to the facts. The public is pretty clear on it’s understanding that no matter what you call it, teachers are getting an increase in pay in a time of economic downturn. They are receiving money that is more than they received in the previous year, budgetary or calander. To the general public that is a raise. Most in the private sector, if they still hold jobs, are forgoing any increases in pay through this time. Unlike the teachers. No matter what industry one works in it is assumed that one would keep there skill set up to date and sharp. If this is mandated or not, it is required to get good reviews which assist a company in retaining employees or releasing under performers. I don’t see similar discussion for teachers. It always leads to unrelated sidestepping instead of substantive discourse on how to measure a teachers true job performance.

I do not buy the short term reference to this downturn, either. Any ecomomic recession that lasts from 2007/8 for two plus years, with no end in sight, is not a short downturn.

The teachers union leadership fails to grasp the reality of performance measurement, economic downturns, student performance role and economic sacrifice. Until this situation corrects itself we shall not be confused nor amused by their “masterful degree” of bluster.