2010-1
12

Did you know?

Category: Boards and Commissions, Uncategorized | No Comments

The City maintains a Talent Bank.
If you have any special talents and wish to share your ability with the City, you can apply for an unpaid position.
The City website states;
We are always searching for talented individuals interested in serving on Methuen’s Boards and Commissions. Please fill out the Talent Bank Application below and return it to the Mayor’s Office, Room 306 at The Searles Building.

The application is not interactive, though I do not understand why.
The application changes with each new administration, who feel obligated to include the Mayors name. I feel the application should state the City of Methuen and that should suffice, but that would not be a good political strategy. We must brand all we touch with our name in order to allow for brand recognition at the next election.
You have to download it and fill it out and then return it to the City. They do not tell you how long applications are kept on file, but it appears to be no longer than 1-2 years. (or tenure of current elected official)

You can read about this for yourself here.
CITY OF METHUEN DIRECTORY OF SERVICES
Here is the listing; (Just recently began to be called Public Service Application)
SERVICES________DEPARTMENT _____ LOCATION _____ ROOM# _____ TELEPHONE
Public Service _____ Mayor’s Office _____ Searles Building _____ 306 _____ 978-983-8505
Application (Talent Bank)

I read in the Municipal Code of the City of Methuen;
Section 3-70. Public Advertisement for Boards and Commissions

No appointment or approval of appointment to any Board, Commission or Committee shall be made unless and until the Mayor shall have previously published a notice of vacancy for said position. Such publication shall be placed in a newspaper of general circulation within the community, notifying all citizens of their right to apply for a specific vacancy on a Board, Commission or Committee and notifying them of the closing date for their application. This shall be an unpaid advertisement. All appointments to Boards, Commissions and Committees shall be made from the list of established applicants responding to this newspaper advertisement and the Mayor is hereinafter directed on all appointments to the above Boards, Commissions and Committees to certify, at time of appointment, compliance with the provisions of this ordinance.

 

(Ord. 230, Approved May 7th, 1986, Eff. June 6th, 1986)

The truth is that though an oath to uphold the Charter and Municipal Code of the City of Methuen is taken, it is not always followed. If you complain about it, they just change the code to suit their whims.
Though the Administration often knows of a vacancy coming up, it does not advertise and usually just reappoints the same individual until they either get too old to sit up in a chair or they die.
The argument I have been given is that we cannot find people to apply for these jobs.
I have some ideas on how to correct that issue also, but will save for a future article.

2010-1
9

Misery Index

Category: Uncategorized | No Comments

Here is some interesting reading.
In the current edition of Bloomberg Bussinessweek can be found the following article;
Funny, It Doesn’t Feel Like a RecoveryThe recession may be technically over, but stubborn unemployment and building price pressure mean that many consumers will remain gloomy

If you have an interest in the Misery Index this link will bring you to the website.
Information on Local or global Inflation and unemployement rates can be found.
The Current Misery Index in the United States is;

High: 21.98 June 1980
Current:11.84 November 2009
Low: 2.97 July 1953

Since we are all suffering due to the economy, here is some reading that looks at what Business is doing to reduce the pain. Maybe there are clues for the municipality in this article as well. Read The impact of the recession on employers. This is a survey taken in May of 2009. fairly current.

2010-1
9

Council Mission

Category: City Council | 1 Comment

Little things set a tone. Here is the Mission Statement for the Methuen City council.

We should start with what is a mission statement and what should be in such a statement.

Here is a quick synopsis;

A mission statement is a short written statement for the purpose of a company or organization.

Ideally, a mission statement guides the actions of an organization, spells out its overall goal, provides a sense of direction, and guides decision making for all levels of management.
Mission statements often contain the following:
• Purpose and aim of the organization
• The organization’s primary stakeholders: clients, stockholders, etc.
• Responsibilities of the organization toward these stakeholders
• Products and services offered
In developing a mission statement:
• Encourage as much input as feasible from employees, volunteers, and other stakeholders
• Publicize it broadly
Limit to a few statements

With that in mind let’s look at the statement on the City website;

Mission Statement: The Methuen City Council is a nine member body charged with enacting the resolutions and ordinances that govern Methuen. The nine members are elected for two year terms, with three Councillors elected “at-large” (City Wide), and six elected from the three voting Districts (East, Central, and West) in Methuen.

The East District is made up of Precincts 3,7,9 and 12, with the Central District consisting of Precincts 1,2,6, and 10, and the West District consisting of Precincts 4,5,8, and 11. Councillors are limited by Methuen’s Charter to serving three two year terms.

Once the “fluff” is removed here is what we have left;

The Methuen City Council is a nine member body charged with enacting the resolutions and ordinances that govern Methuen

We could leave it as such or add elected simply to clarify and end up with a simple statement as below;

The Methuen City Council is an elected nine member body charged with enacting the resolutions and ordinances that govern Methuen.
 
The problem with this statement is it does not clearly delineate the purpose and aims nor does it mention the stakeholders. Methuen is implied to represent the stakeholders but it is a legal entity and implies that their aim is to govern this entity.

If we went to Massachusetts General Law (MGL) Chapter 43 — Section 66;

City council; powers and duties. The government of the city and the general management and control of all of its affairs shall be vested in a city council, which shall be elected and shall exercise its powers in the manner hereinafter set forth; …

We could  also have  looked at the HOME RULE CHARTER OF THE CITY OF METHUEN Section 2-4 General Powers and Duties;

Except as otherwise provided by law or by the Charter, all powers of the City shall be vested in the City Council which shall provide for their exercise and for the performance of all duties and obligations imposed on the City by law.

These did not seem to help much. What about a  search of other City Mission statements.

Here is a sampling of what can be found.

  • City Council is the legislative branch of government. It carries out duties in accordance with the Home Rule Charter and the laws of the state, and is primarily responsible for making laws which govern the City of Methuen. City Council proposes, debates, and votes on legislation governing and/or affecting the city. This body also approves appointments as provided by the Charter, regulates revenues and expenditures, incurs debt, and approves the final operating and capital budgets for the city. Council is responsible for the introduction of legislation generated by the administrative branch of city government. Council may also introduce legislation generated by individuals, Council Members or Council as a body.
  • The Council levies taxes, enacts ordinances and resolutions, licenses businesses, and exercises budgetary and policy control over City departments.
  • The Council adopts ordinances that provide for the government and order of the City. Ordinances serve a variety of purposes, including licensing, regulating public and private activities, controlling the uses of property, preventing crime, and generally ensuring public health and welfare.
  • The Council adopts resolutions to express policy or to direct certain administrative actions.
  • The Council also passes on assessments, submits annual tax levy statements and has charge of City elections.

So what can be recommended?

Methuen City Council is the legislative branch of municipal government. It carries out duties in accordance with the laws of Massachusetts and the Home Rule Charter and is primarily responsible for making laws which govern the residents of the City of Methuen. The Council is responsible for the management of all legislation generated by individuals, Council Members or the administrative branch.

City Council debates and votes on ordinances that serve a variety of purposes, including licensing, regulating public and private activities, controlling the uses of property, preventing crime, providing order and generally ensuring public health and welfare.

Council also approves appointments, adopts resolutions to express policy or to direct certain administrative actions and has charge of City elections.

City Council also passes on assessments, submits annual tax levy statements, regulates revenues and expenditures, incurs debt, and approves the final operating and capital budgets for the city.

What do you think? Is this a clearer Mission statement.

2010-1
7

Call to Arms.

Category: Uncategorized | No Comments

Elections are not the only way that change can occur in a City.
The Massachusetts State Constitution allows for citizen participation.

The Charter of the City of Methuen allows for citizen participation.

I am looking for 150 persons who are willing to discuss changes to our Municipal Code.

We will hone new law and sign a petition to be presented to the City Council.

They are required to make a determination on the petition and take a public vote.

Will we win, indeterminate. Will we make a difference, absolutely.

Do you have ideas and don’t know how to approach the Council with them?

Maybe, you have approached Council and been rebuffed.

Let’s write the ideas down— put in form of a petition and the group of 150 will sign.

Exercise our rights!

 

 

HOME RULE CHARTER OF THE CITY OF METHUEN

Section 8-1 . Free Petition.

b) Group Petitions; Action Required – The City Council (or the School Committee), as the case may be, shall hold a public hearing and act by taking a vote on the merits of every petition which is addressed to it and which is signed by at least one hundred fifty voters. The hearing shall be held by the City Council or the School Committee, or, in either case, by a committee or sub-committee thereof and the action by the City Council or School Committee shall be taken not later than three months after the petition is filed with the City Clerk. Hearings on two or more petitions filed under this section may be held at the same time and place. The City Clerk shall mail notice of the hearing to the ten petitioners whose names first appear on each petition at least seven days before the hearing. Notice by publication at least seven days prior to all such hearings shall also be made, and shall be at public expense. No hearing shall be heard upon any one subject matter more than once in any given twelve month period.

 

2010-1
6

Dashed hopes?

Category: City Council | No Comments

I always begin a new legislative session with high hopes that some of the offenses of the previous legislatures will be corrected. I saw the new Council Chair, pass the gavel, as required, to present legislation which he sponsored.

This was not a suprise. That came when the Vice-Chair did not take the gavel and failed to take charge of the meeting.

As soon as the Chair had said his piece, the vice chair passed the gavel back and began speaking about the legislation.

This violates Council procedure, specifically the rules of debate, and Roberts rules, both of which I have attached here.

METHUEN CITY COUNCIL RULES AND PROCEDURES Amended February 2008
RULE X – RULES OF DEBATE
e) The Chairman of the City Council may call the Vice-Chairman or other member who he/she may appoint to the Chair who may preside during the meeting; and when out of the Chair may participate in any debate, but shall not resume the Chair while the same question is pending, provided the same is taken previous to adjournment.

ROBERT’S RULES OF ORDER REVISED by General Henry M. Robert 1915 Version, Public Domain

ART. X. THE OFFICERS AND THE MINUTES.

58. Chairman or President.

The chairman sometimes calls a member to the chair and takes part in the debate. This should rarely be done, and nothing can justify it in a case where much feeling is shown and there is a liability to difficulty in preserving order. If the chairman has even the appearance of being a partisan, he loses much of his ability to control those who are on the opposite side of the question. There is nothing to justify the unfortunate habit some chairmen have of constantly speaking on questions before the assembly, even interrupting the member who has the floor. One who expects to take an active part in debate should never accept the chair, or at least should not resume the chair, after having made his speech, until after the pending question is disposed of.1 The presiding officer of a large assembly should never be chosen for any reason except his ability to preside.

2010-1
5

Personality Testing and Public Safety.

Category: Police | 1 Comment

I ran across this article in a legal website. There were disclaimers, of course.

Maybe this is one of the items that should be included in a pre-hire process for Public safety employees, police and fire. It could remove some of the nepotism claims bantered about. If we keep the results focused on trainability and retainability only, we should be fairly safe from lawsuits about discrimination.

As of 1993, some 83 percent of large city and county police forces used cognitive tests in hiring. (link)

Thus it is not an uncommon practice.

The Wonderlic Personnel Test is a twelve-minute, fifty-question test that can be taken on-line. It became prominent with it’s usage in the NFL draft process but is now widely used in industry.

 The Dangers of Personality Testing

A recent decision out of the federal district court in Connecticut garnered much attention both in the newspaper and television media last month.(link) Robert Jordan applied to the New London Police Department and was rejected for being too intelligent. During the application process, Jordan took an examination to test his cognitive ability and apparently performed too well. Upon his rejection, he filed a claim in federal court alleging that the police department violated his right to Equal Protection under the United States Constitution. The Court ruled in favor of the police department, a decision which to many seemed to fly in the face of common sense.

Depending on what article you read, up to 50% of employers in the United States are using personality and psychological tests to assist in the hiring selection process. How are these tests used and what legal land mines lurk just beneath a seemingly innocuous test? In the Connecticut case, the New London Police Department required all applicants to sit for the Wonderlic test, a cognitive examination. The test boasts objective criteria by which an employer could determine that an applicant is overqualified, will become dissatisfied and ultimately leave the position. It provides a table of recommended scores for various occupations. The recommended range for police officers is between 18 and 30. Jordan scored a 33. The police department admitted that his superior cognitive ability prevented him from obtaining the job. Under a constitutional analysis, the Court found that Jordan is not a member of a suspect class and that there is no fundamental right to employment as a police officer. Therefore, the city had to show only that their action was rationally related to some legitimate government purpose — that employing the exam could be beneficial to their stated goal of increasing employee longevity.

The legal obstacles to administering personality tests may not always be so easy to overcome as in the Connecticut case. An employer’s use of personality tests may implicate a number of legal issues. For example, the federal anti-discrimination statute, Title VII, specifically allows for use of personality testing, but it does so only so long as the test is professionally developed and not designed, intended or used to discriminate. The Supreme Court and the Equal Employment Opportunity Commission (EEOC) have interpreted this to mean that only job related tests may be used and they may not adversely impact any minority or other protected group. Therefore, employers who make use of these tests should monitor the ultimate selection outcome to ensure that no one group’s success is affected disproportionately to another.

Personality tests may run afoul of the Americans with Disabilities Act (ADA) as well. Medical inquiries may only be made upon receipt of a conditional offer. The EEOC has stated in its guidelines that a psychological examination is a medical examination for purposes of the ADA if it provides evidence that would lead to the discovery of a mental impairment or disorder. The ADA may also be implicated where an applicant is not selected for a position because of a test and alleges that the employer discriminated on the basis of a perceived disability. Employers should take care to review the tests for content to ensure that all the questions posed are job related and do not gather information that could inadvertently expose the company to liability.

Finally, personality tests may violate an individual’s right to privacy. Personality tests which delve into sexual practices and religious beliefs have been deemed too intrusive and violative of both state constitutional and anti-discrimination laws. A test which seeks to obtain information which constitutes an unreasonable, substantial or serious interference with the employee’s privacy, might contravene public policy and warrant the imposition of liability on the employer.

Massachusetts has not forbidden the gathering of information about an employee’s character entirely, but the Legislature has imposed restrictions on employers seeking certain information from an employee or prospective employee, such as polygraph testing for honesty. Personality tests which test for the veracity of the applicant may constitute a violation of the Massachusetts “lie detector” statute which defines “lie detector test” to include a written examination which is used to render a diagnostic opinion regarding the honesty of an individual. Mass. Gen. Laws Ch. 149, §19B . Conceivably, an examination which tests for other legitimate personality types could impose liability on an employer if one of its purposes is to verify the truthfulness of an employee or applicant.

When giving personality tests employers should do the following to minimize potential risk:

Ask why they are using a personality test and what information they are hoping to gather from it. Is this information related to a specific attribute or skill required for the job?

Only utilize tests that can be shown to be job-related and whose validity has been verified by credible data.

Never base a hiring decision solely on a personality test result.

Obtain an applicant’s written consent prior to giving the examination.

Administer tests consistently across the board.

Maintain confidential test results and monitor the impact on protected groups.

Consult labor counsel when using tests in hiring process.

Remember to read the disclaimers above. This is offered as a discussion point to improve our hiring processes.

2010-1
4

Low Key or lame duck?

Category: City Council, Uncategorized | 1 Comment

Inaugurations of Mayor Manzi and rest of that city’s newly elected leaders

Monday, January 4th, 2009 at 7 p.m. in the Great Hall in City Hall.

The event is free and open to all.
Reception to immediately follow refreshments to be served.

The above notice was found on Methuen Commons.

Very little in the Eagle Tribune or any of the other press outlets in the City.

Had a difficult time finding the first Council meeting of the new year. It will be tomorrow.

There is still no agenda for the meeting posted.

I am hoping in the New year that we will have more information posted on the Council website. Maybe they will clean the site up and make it more user friendly instead the current jumble.

I hear that Jack Cronin will be the new Chair and Jeanne Pappalardo is set to be the Vice-Chair. How they do this without violating the open meeting law has always amazed me.

We are getting promotions in the Fire Department. Probably see the same members that were at the budget hearings arrive to applaud the promotions. (Turn that frown upside down!)

Don’t forget to set January 19th on your calander as the Civil Service Commission arrives in town to hold a hearing on Fire Department reserve officer hiring practices. Seem to be the same problems as the Police. These of course, have been corrected and new practices installed to eliminate the stench of nepotism that flows over these hiring fiasco’s.

Round and round we go….

2010-1
4

Snow Budget.

Category: City Council | No Comments

Heard on the news this morning about snow removal costs and creating a lottery ticket to make up differences.

NewsCenter 5 surveyed several cities and towns about their expenditures for snow removal the winter  2007-2008.

I gleaned the following data from the article on their website entitled; City & Town Snow Budgets; Most Towns Are Over Budget

Here is a breakdown of cities in Massachusetts.

I have provided the City name, total road miles as published on the Massachusetts, Department of Revenue website, At A Glance Report and a calculation of the cost per mile for snow removal.

Brookline           105.89      ($4816.32/mile)
Cambridge        141.68       ($4954.83/mile)
Canton                108.53      ($1750.67/mile)
Dedham              106.40      ($3759.40/mile)
Malden               108.93       ($2386.85/mile)
Medford             137.30       ($2534.60/mile)
Quincy                223.87      ($4069.33/mile)
Revere                109.32      ($2286.86/mile)
Worcester          521.08      ($4337.15/mile)

Note that the amount of road miles per town varies greatly as does the cost per mile.

No attempt was made to determine if one had a more cost effective method or if the citizens were more satisfied with the snow removal in one town versus another.

Methuen allocates about $250,000 each year for snow removal. they spend in excess of $1,000,000, closer to $2,000,000 each year on snow removal costs. This doesn’t seem to account for the costs of snow removal at the Schools, which is controlled by the School Committee.

Methuen, from the same source as above has 214.75 road miles.

In 2007-2008 we spent close to $1,600,000 for snow removal.  Councilor, then Chairman Lahey stated at a Council meeting  12/28/2008–”Last year, 1.6 million dollars was spent”. That is about $7450.52 per road mile.

I understand that this budget item is allowed by law to go into deficit, but shouldn’t an analysis be done to determine what the best methodology is for snow and ice removal. I mean the most cost effective method. Poll surrounding towns. What do they do? What procedures do they have in place? How do they keep costs in line, if they do.

What does the City do to control the subcontractors? What written procedures do they have? Do they compare favorably with surrounding communities?

2010-1
1

Happy New Year

Category: Uncategorized | 1 Comment

I want to express my wish that all residents of the City of Methuen will have a great year in 2010.
This will be a difficult wish to fulfill.
A very challenging year ahead.
Bless all the citizens.

Peace, health and prosperity to all.

2009-12
26

Methuen Vehicle Take Home Policy

Category: Uncategorized | 4 Comments

Here are the two Executive Orders issued by Mayor Manzi regarding this topic.
Executive Order NO. 013-2008
BY HIS HONOR WILLIAM M. MANZI, III MAYOR
EXECUTIVE ORDER NO. 013-2008
ORDER ESTABLISHING A CITY-OWNED VEHICLE POLICY
WHEREAS, The City of Methuen is committed insuring that city-owned vehicles are used responsibility and efficiently;

NOW, THEREFORE, I, William M. Manzi, III, Mayor of The City of Methuen, by virtue of the authority vested in me as Chief Executive Officer hereby establish a city-owned vehicle policy and Order as follows:
City of Methuen personnel, approved by the Mayor, who are assigned take home city-owned vehicles may park their vehicles at their place of residence at the end of each work day, provided that their place of residence is within 10 miles of the City limits. All other vehicles will remain on designated City property after working hours.
The Mayor shall receive monthly, an analysis of the total amount of gasoline used and the mileage used by each city-owned vehicle.
All vehicles owned by the City of Methuen shall be lettered with the City of Methuen seal, as well as having municipal plates. All undercover, unmarked and surveillance public safety vehicles are not required to be lettered and may have standard plates.
City-owned vehicles assigned to approved personnel shall only use these vehicles while on official City business. Under no circumstances shall a city-owned vehicle be used for personal or private uses. No city-owned vehicle shall be taken on vacation by any employee. Only approved individuals shall operate said vehicles in carrying out their official City duties.
All assigned personnel shall show due diligence in regard to minimizing travel to and from job sites and shall not leave vehicles idling.
Misuse of a City-owned vehicle or any violation of this policy by any employee of the City of Methuen shall be just cause for discipline up to and including dismissal of said employee.
Given this 28th day of May, 2008.
Mayor William M. Manzi III, Mayor

EXECUTIVE ORDER NO. 019-2009
ORDER REGARDING CITY OWNED VEHICLES
WHEREAS, The City of Methuen has been experiencing a worsening financial crisis and is expecting to face more cuts in State local aid and declining revenues; and
WHEREAS, immediate measures must be taken to insure that Methuen remains on sound financial footing and is able to provide necessary services to all of its citizens;
NOW, THEREFORE, I, William M. Manzi, III, Mayor of The City of Methuen, by virtue of the authority vested in me as Chief Executive Officer hereby Order as follows:
1. With the exception of the Mayor, Police Chief, Fire Chief, Director of Public Works or his designee, no city employee is allowed to take a city owned vehicle to his or her residence overnight for any reason.

2. All employees who drive a city vehicle during the course of their employment must park that vehicle in a city lot at the end of their shift. Failure to do so will result in disciplinary action up to and including termination of employment.

3. This order shall take effect on January 1, 2010 and shall remain in force indefinitely.

Given this 22th day of December 2009.

The first executive Order was accompanied by a Press Release. (See Here)

Now is the time to start asking some questions about Vehicle Policy.

What is the status of Zip Cars in Methuen? (Link)(Leads to questions about public transportation policy in general?)

Where are the monthly reports of gasoline usage and mileage? They should have been collecting data since May, probably June, of 2008. Can we see the reports and the analysis that the City has done? This is for each city owned vehicle. The city can redact sensitive identification data on the vehicle so we do not violate any public safety operations.

How many designated city properties are there to leave cars at? How is the above data collected on these cars? Does the driver fill out a report? Does someone physically take data every day, week or month? What is the cost of data collection( if someone other than the driver collects this data)? Are all city vehicles fitted with GPS systems?

Who were the 25-30 personnel, see substantially less article below, designated for take home vehicles? Now that they don’t drive city vehicles back and forth from home are they still authorized to submit requests for reimbursement for gasoline used in their private vehicles?

Why do we have a Methuen first policy and then contractually allow employees to live outside the city and in some cases, outside the Commenwealth?

The best part of the policy is this line; Under no circumstances shall a city-owned vehicle be used for personal or private uses. How does one justify getting coffee in the morning as other than a personal use? Lunch breaks are also a personal use. ‘Nuff said?

Lastly, at least at this time, how many personnel have been disciplined for any violation of this policy? I make the assumption that no one has been terminated because we have spent our budget time and lot’s of rhetoric discussing how important it is to keep even “non-essential” personnel on the payroll.

Hope you read these policies and ask your own questions of the administration.

Remember this was also a campaign issue; (Link)

Why do we have any employees taking home city-owned vehicles?

MANZI: City vehicles are given on a take-home basis only to personnel that may be required to respond on a 24-hour basis. I have promulgated an executive order reforming the system, including a 10-mile limit, a strict prohibition on personal use, with severe penalties for violations.

DINUCCIO: With the exception of the chiefs of police, fire, and also the K-9 officers nobody else needs a take-home vehicle, including the mayor. This is just the tip of the iceberg. There are also stipends given for personal vehicle use that also needs to go away.

From debate on Politically Active: (link)

DiNuccio said he wouldn’t let 26 city employees take city-owned vehicles home, as is the practice. DiNuccio said he wouldn’t hire all the consultants that Manzi hires, he would take away stipends for city employees who drive their own vehicles on the job, and reduce the use of gasoline and city-owned cell phones.

How much is ‘substantially less’?

During Wednesday night’s debate between Mayor William Manzi and challenger Al DiNuccio, DiNuccio said there are 27 city employees who take home city-owned vehicles.

“The number is not 27, it’s substantially less,” Manzi retorted, without providing the specific number.

The next day, The Eagle-Tribune asked Manzi what the correct number is, and he said it’s 26.

“I said he was wrong,” Manzi said, when asked about his response during the debate. “There was not 27. Honestly, the reason I didn’t give a specific number is because I couldn’t remember what the number was.”