Public Records Disclosure and FOIA

The information requested from the Middleboro Board of Selectmen was requested under public disclosure laws of the Commonwealth, but increasing government secrecy is of concern at all levels.

As a result of effort at the federal level, Congress passed amendments to FOIA.

Perhaps Middleboro Selectmen should take note.

Congress eases access to gov't records

WASHINGTON - Congress on Tuesday struck back at the Bush administration's trend toward secrecy since the 2001 terrorist attacks, passing legislation to toughen the Freedom of Information Act and increasing penalties on agencies that don't comply.

"After years of growing government secrecy, today's vote reaffirms the public's fundamental right to know," said Rick Blum of the Sunshine in Government Initiative, which represents 10 media organizations. "This bill makes commonsense changes to help the public know what government is up to."

12/17/07 Selectmen's Meeting: Speculation and Incompetence

During the correspondence portion of the December 17th, 2007, Selectmen's Meeting, Selectman Patrick Rogers, who is now approving 'warrants' (the town's bills) after Selectman Bond's abrupt refusal to continue to do so, discussed that there was a charge on Town Counsel, Dan Murray's bill for:
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J. Powell
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among other things.
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Selectman Wayne Perkins protested that a PRIVATE CITIZEN would access Town Counsel without Mr. Perkins' gathering the facts and indicated that he was 'making a point.'

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Mr. Perkins: Why don't you gather the facts? You don't know what you think you know.

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Selectman Bond speculated that the charge might have to do with a conversation regarding DISCLOSURE OF PUBLIC DOCUMENTS because Dan Murray had this great radar.

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Chairwoman Marsha Brunelle stated that PRIVATE CITIZENS don't have access to Town Counsel.
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Mrs. Brunelle: You managed to call me to clarify misinformation regarding the Town Accountant's contract. Surely you could call to clarify this issue before you speculate.

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WRONG !!! WRONG !!! WRONG !!!
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If bills are being paid by the Selectmen with such little detail that only speculation or guesswork is acceptable, could this be where part of the Town's problem lies?

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To the Voters: These are your hard-earned tax dollars this Board is spending and they truly don't know what it's for. Isn't it time you paid attention? Isn't it time for a CHANGE?

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To the BOS:

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That you would bandy about my name regarding an issue about which you have NO FACTS defines your incompetence. Next time, do your research before you speculate. You are charged as 'Auditors' in the Town Charter and have failed miserably.

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If you want to know what was discussed, call me at: 508 946-9761.

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Only the facts prevent ignorance and speculation.

Public Records Disclosure #4

The following letter was sent to the Supervisor of Records, Office of the Secretary of State and a copy hand-delivered to the Middleboro Keeper of Public Records, the Town Clerk, in response to the Public Records Disclosure matters:

November 16, 2007

Supervisor of Records
Office of the State Secretary
One Ashburton Place, Room 1719
Boston, Massachusetts 02108

Re: Enclosed Public Records request

Gentlepersons:

Enclosed, you will find correspondence regarding public records I requested from the Middleboro Town Clerk.

Of particular concern to me, is that some of the information should be available in the Selectmen’s Meeting Minutes that are posted on the Town’s Web Site.

Financial information is being deliberately withheld from the Finance Committee (in violation of provisions of the Town Charter), as well as the public.

In this particular case, it would appear that the charge of $115.00 was intended to discourage the production of additional information.

My intent was to post the pertinent information on a blog I maintain entitled ‘Middleboro Recall.’ That blog is widely read and circulated in Middleboro and has assisted voters in understanding the issues since the Board of Selectmen continue to maintain a veil of secrecy regarding financial matters and Town business.

I would request that the information either be posted on the Town’s Web Site or the fees be waived for purposes of public discussion.

Your input and opinion would be appreciated so that this information can be widely circulated along with other documents that should be in the public domain.

Public Records Disclosure #3

On November 16, 2007, I hand delivered the following to the Middleboro Keeper of Public Records, the Town Clerk and requested that a copy be forwarded to the Middleboro Board of Selectmen:

On October 23, 2007, I submitted a request for 9 public documents, as well as a request for the opportunity to review Executive Sessions that have become Public Record (copy of request attached).

You subsequently made me aware on Wednesday, November 7, 2007, that the costs of those documents would be $115.00.

The following sites were used for information:
http://www.mma.org/images/stories/AbtLocalGov/public_records_guide.pdf
http://www.sec.state.ma.us/pre/preidx.htm
http://www.sec.state.ma.us/pre/prepdf/guide.pdf

I would call to your attention the following information contained in the above-mentioned sites:

Is a records custodian required to provide an estimate for copies of public records?
The Code of Massachusetts Regulations (CMR) require that a records custodian provide a detailed, written, good faith estimate for the cost of complying with a public record request when the cost of compliance is expected to exceed ten ($10.00) dollars.
The estimate should contain a statement advising the requester that the actual cost of producing the record might vary once the custodian begins preparing the record.

A records custodian may require payment of the estimated fee before commencing work.
In the interest of open government, all records custodians are strongly urged to waive the fees associated with access to public records, but are not required to do so under the law.
Public records that are of great interest to a large number of people must be readily available within the office of the records custodian and should be provided at a minimum cost, if any. These records include minutes of local board meetings, town meeting documents, warrants, street lists, municipal financial documents, etc.

Public inspection and copies of records
G. L. c. 66, § 10
(d) The clerk of every city or town shall post, in a conspicuous place in the city or town hall in the vicinity of the clerk’s office, a brief printed statement that any citizen may, at his discretion, obtain copies of certain public records from local officials for a fee as provided for in this chapter.

Based on the above, I challenge the ‘FEES’ were not estimated or disclosed in advance, not publicly posted, but instead are unreasonable and intended to discourage public requests for public documents.

In addition, I would further call to your attention the following:

Item #1 requested: Statement that was provided to the BOS by IT Director, Roger Brunelle during the July 30, 2007 Selectmen’s Meeting itemizing the expenditures for the STM.
The statement indicated the total costs were: $74,450.

Item #2 requested: Bids received regarding those expenditures.

Item #3 requested: Statement of expenditures and monies received regarding the July 28, 2007 STM used to determine the amounts on the Nov. 5, 2007 STM Warrant.

Item #4 requested: The DOR correspondence discussed during the July 17, 2007 Selectmen’s Meeting specifically indicating circumstances/authorization for deficit spending.

Item #5 requested: Itemized list provided by the Interim Fire Chief at the October 15, 2007 Selectmen’s Meeting indicating necessary building and equipment repairs.

All of the above items were discussed during public Selectmen’s Meetings and should be part of the public record posted on the Town’s Web Site as part of the Selectmen’s Meeting Minutes, but are not.

Items #1,2, & 3 have been repeatedly discussed at public meetings, but not disclosed to the Finance Committee until the day of the Special Town Meeting, November 5, 2007.

Item #5 was distributed to the media and widely commented on.

Shouldn’t that appear as part of the Selectmen’s Meeting minutes?

Regarding the following items, I would argue that all except Item #9 should have been readily available and easily accessed from the Town Treasurer’s records. In addition, it is arguable that all except item #9 should have been presented at the October 15, 2007 Board of Selectmen’s Meeting at which the subject was initiated. Surely, the Board would intend to make an informed decision of this magnitude based on factual history.

6. Invoice pertaining to the completed refurbishing to the Middleboro ladder truck that should total approximately $130,000. (I believe those repairs were completed by Greenwood.)

7. Invoice pertaining to repairs performed prior to July 1, 2007, to the Middleboro ladder truck.

8. Certification issued regarding the Middleboro ladder truck subsequent to refurbishing in Item #6.

9. Evaluation regarding the current condition of the Middleboro ladder truck, when received.

As such, I request that all associated fees be waived and my request for an opportunity to review Executive Sessions that are now public record be addressed.

Public Records Disclosure # 1

Public Records Disclosure # 2

Public Records Disclosure #2

On November 7, 2007, in response to my public records request, the Town Clerk left a message on my answering machine indicating that the cost of my request would be $115.00.

ORIGINAL REQUEST #1

MMA: Public Records Guide
Secretary of State: Guide
Secretary of State: pdf

What the headlines should have said ..... (Part 1)

At the Selectmen's Meeting of November 26, much transpired that apparently was overlooked, that the press neglected or perhaps it required too much effort to explain to you, the voter.

This is significant stuff.

The headlines should have read

'BOS By Pass FinComm in violation of Town Charter'

And it requires an effort to explain some hidden history.

A number of years ago, when this current BOS ascended the throne, the Finance Committee was conducting their meetings on Wednesday evenings.

The former Town Manager would attend the FinComm meetings, monopolize the agenda, and disrupt the meetings and nothing was accomplished.

And the BOS in their arrogance were dissatisfied with the recommendations of the FinComm.

That began the relationship that the BOS consider hostile -- the Finance Committee trying to do its job, fulfill their responsibility, and refusing to yield to Mr. Perkins' fiscal irresponsibility.

Those contract recommendations were well-considered and fiscally responsible, but opposed the BOS mismanagement philosophy.

You might recall that the FinComm recommended against the union contracts that Selectman Wayne Perkins single-handedly negotiated that provided 36% pay raises to certain unions and many other goodies that don't want you to know about.

And this is part of how Middleboro got to where it is.

Bravo, Mr. Perkins!

(It might be worth consideration for voters to review the last names of town employees.)

To comprehend the arrogance of this BOS, it is worthwhile to comprehend the functions and responsibilities of the FinCom that are posted separately and the Middleboro Town Charter posted below, as well as consider the reasonableness of balancing the power and checks and balances.

Those few of you who bothered to attend the Nov. 5th STM (Special Town Meeting) may recall that when the Finance Committee was asked about their recommendations, they indicated that they had ONLY RECEIVED some of the information THAT DAY.

Those who attended the Nov. 5th STM were made aware that the hastily constructed 'Warrant' of Articles was advertised missing one Article, were illegally worded and the day was spent working out legally acceptable language.

Those who attended were aware that the paper Warrant that was distributed differed vastly from what was read or voted on by those in attendance.

If you don't like the way the town is run, maybe you need to attend Town Meetings to watch this conduct.

If you wonder why your taxes are so high and services are being cut, don't you think this is important?

Of the FINANCE COMMITTEE this is part of the Town Charter:
SECTION FIVE: The committee shall consider and advise as to all matters relating to proposed appropriation and the matter of raising the amounts appropriated, and shall report in writing at each town meeting on all articles in the warrant relating to the appropriations or borrowing of money or the indebtedness of the town, with the exception of its action on the annual budget.
The committee may make recommendations in writing at any time to the town, or to the Board of Selectmen, relating to the financial affairs of the town. It shall submit to the town at the Annual Town Meeting a report showing appropriations recommended for each fund or department, the estimated income from all sources, exclusive of taxes on property and poll taxes, the amount required to meet charges for interest and maturing indebtedness, and the estimated amount to be levied and raised by taxation to meet all expenses and liabilities of the town. Said report shall be filed with the Town Clerk on or before fifteen days prior to the fourth Monday of April, however, if not timely filed there will be no adverse affect to any action taken at town meeting.
For the purpose of enabling the committee to perform its duties all Boards, Committees and Officers of town shall, on or before the twentieth day of January of each year, submit to the committee in writing, a detailed estimate of the appropriations required for the efficient and proper conduct of the departments under their charge during the ensuing fiscal year, and of all items of income to be received by such departments during said year and shall at any time, furnish any other information relative thereto in their possession which may be requested in writing by the committee.

From MMA:
The Association of Town Finance Committees:

MORE TO COME IN THE NEXT POST

Can someone please help the IT Director?

A review of Middleboro's Official Web Site, long the target of jokes because of its pathetic presentation, user unfriendly layout, and much inaccurate information, does not yet contain any Selectmen's Meeting Minutes for the month of November 2007.

Nor does it contain any Agenda. At least we may be spared the cutesy layouts of yore, but how about Agendas?

Can someone please volunteer to show the Town's IT Director, Mr. Brunelle how to post information so that he may take the two minutes required to show new employees?

It should be noted that the Town Charter is posted under the 'Information' listing. The pdf format is not usable, so one should still continue to refer to mrmiddleboro, but at least someone figured out how to post it.

The Calendar that the Town was assured is still not present. The By Laws are still not posted.

Board of Selectmen

Selectmen's Meeting Minutes

Selectmen

Town of Middleborough

MMA Index of ALL Municipal Web Sites

Middleboro Finance Committee and Nov. 26th BOS Meeting

So much transpired at the Nov. 26, 2007 Middleboro Selectmen's Meeting, that I awaited some impressive headlines to inform the public of the BOS business.

Failing that, let me proceed slowly.

Below, you will find, for your consideration, some information about the responsibilities of the FINANCE COMMITTEE and several randomly selected towns. (Should you choose, a google search of Massachusetts' Finance Committees produces much additional information.)

Middleborough Town Charter:

FINANCE COMMITTEE

SECTION FIVE: The committee shall consider and advise as to all matters relating to proposed appropriation and the matter of raising the amounts appropriated, and shall report in writing at each town meeting on all articles in the warrant relating to the appropriations or borrowing of money or the indebtedness of the town, with the exception of its action on the annual budget.
The committee may make recommendations in writing at any time to the town, or to the Board of Selectmen, relating to the financial affairs of the town. It shall submit to the town at the Annual Town Meeting a report showing appropriations recommended for each fund or department, the estimated income from all sources, exclusive of taxes on property and poll taxes, the amount required to meet charges for interest and maturing indebtedness, and the estimated amount to be levied and raised by taxation to meet all expenses and liabilities of the town. Said report shall be filed with the Town Clerk on or before fifteen days prior to the fourth Monday of April, however, if not timely filed there will be no adverse affect to any action taken at town meeting.
For the purpose of enabling the committee to perform its duties all Boards, Committees and Officers of town shall, on or before the twentieth day of January of each year, submit to the committee in writing, a detailed estimate of the appropriations required for the efficient and proper conduct of the departments under their charge during the ensuing fiscal year, and of all items of income to be received by such departments during said year and shall at any time, furnish any other information relative thereto in their possession which may be requested in writing by the committee.
The Committee is hereby authorized to incur such expenses, as it may deem necessary, including the cost of the employment of experts and other assistants and the cost of printing its reports; provided, that such expenses shall not exceed, in the aggregate, the sum of two hundred and fifty dollars in any one year, unless a larger amount shall be appropriated for the purpose by the committee.
Nothing herein shall be construed as limiting the power of the town to impose additional duties on the committee, in accordance with Section Sixteen of Chapter Thirty-nine of the General Laws.

PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE VII. CITIES, TOWNS AND DISTRICTS
CHAPTER 39. MUNICIPAL GOVERNMENT
TOWN MEETINGS
Chapter 39: Section 16. Appropriation, advisory or finance committees; appointment; tenure; powers and duties
Section 16. Every town whose valuation for the purpose of apportioning the state tax exceeds one million dollars shall, and any other town may, by by-law provide for the election or the appointment and duties of appropriation, advisory or finance committees, who shall consider any or all municipal questions for the purpose of making reports or recommendations to the town; and such by-laws may provide that committees so appointed or elected may continue in office for terms not exceeding three years from the date of appointment or election.
In every town having a committee appointed under authority of this section, such committee, or the selectmen if authorized by a by-law of the town, and, in any town not having such a committee, the selectmen, shall submit a budget at the annual town meeting.

Association of Town Finance Committees

Arlington Finance Committee

Dalton Finance Committee

Halifax Finance Committee


.... It considers any and all municipal questions for the purpose of making reports or recommendations .....





Kingston Finance Committee


Duties and Responsibilities:
The Finance Committee considers and reports on all requests for appropriations made by the different departments of the town, considers all warrant articles to be presented at a town meeting and makes recommendations for action at the town meetings as they deem in the best interests of the town.

Franklin Finance Committee
6-2-3 The Finance Committee shall carry out its duties in accordance with the provisions of general law, this Charter and bylaw, and it shall have regular and free access and inspection rights to all books and accounts of any Town department or office. The Committee shall carefully examine all budget and appropriations proposals and shall issue its recommendations thereon prior to consideration, debate and vote by the Town Council. Section 3 Submission of budget and budget message
6-3-1 Within the period provided by general law, the Town Administrator shall submit to the Town Council and file copies with the Finance Committee a proposed budget for the ensuing fiscal year with an accompanying budget message and support documents.
Section 4 Budget message
6-4-1 The budget message shall explain the budget for all Town agencies in 50th fiscal and programmatic terms. It shall: (a) outline proposed financial policies of the Town for the ensuing fiscal year; (b) describe important features of the budget; (c) indicate any major variations from the current year in financial policies, expenditures and revenues, together with the reasons of such variations; (d) summarize the Town's debt position; and (e) include such other materials as the Town Administrator may deem desirable or the Finance Committee may require.
Section 5 Budget Proposal
6-5-1 The proposed budget shall provide a complete financial plan for all Town funds and activities, including the proposed School Committee budget of the ensuing year. Except for the school budget or may be required by general law, it shall be in such form as the Town Administrator deems desirable or the Finance Committee may require.
6-5-2 In submitting the proposed budget, the Town Administrator shall utilize modern fiscal principals so as to afford maximum information and financial control. The budget shall detail all estimated revenue from the property tax levy and other sources and all proposed expenditures, including debt service to: the previous, current and ensuing years, and shall indicate separately: (a) proposed expenditures for 50th current operations and capital projects during the ensuring year, detailed by agency, purpose and position, together with proposed financing methods; and (b) estimated surplus revenue and free cash available at the close of the fiscal year, including estimated balances in special accounts. Section 6 Action on the proposed budget
6-6-1 The Town Council shall conduct at least two (2) public hearings on the proposed budget, and it shall publish, in one (1) or more newspapers of general circulation in the Town, a general summary of the budget and a notice stating: (a) the times and places where copies of the budget shall be available for inspection, and (b) the dates, times and places, not less than fourteen (14) days after such publication, when the public hearings on the budget proposal shall be conducted. The Finance Committee shall issue printed recommendations and make copies available at the time of the public hearings.
6-6-2 The Town Council shall adopt the budget, with or without amendments, prior to the close of the current fiscal year. Adoption of the budget shall constitute appropriation of the amounts specified therein. CHARTER


Since the Middleboro BOS are fond of repeating the fiscal condition of ALL other cities and towns, I found this figure significant:

Stabilization Fund $4,793,011.78

Rockport Finance Committee
The Finance Committee is the Town's official fiscal watchdog. The committee has oversight responsibility for all financial matters, including revenue and trust funds as well as expenditures.


Secretary of State: Citizen's Guide:
What does the finance committee do?
The finance committee prepares the budget in the months before the annual Town Meeting starts. It also prepares financial articles (which are agenda items). Its recommendations are advisory. In some towns, the committee is known as the warrant committee or the advisory committee.
Depending on a town’s by-laws, members of the finance committee are appointed by the selectmen or moderator, or elected by voters or the Town Meeting. In many towns, the finance committee'sreport is distributed to all residences.


MMA offers a list of ALL
City and Town Web Sites

11/26/07 Selectmen's Meeting #2

A WRPD hearing for Alan Majors, Summer Street was held.

Clearly, the Chairwoman was unfamiliar with the information contained in her 'packet' that is hand-delivered prior to the weekend via police officer to ensure that each BOS member has an opportunity to review the packet and BE PREPARED prior to the meeting.

Selectman Spataro conspicuously sat with nothing in front of him as if bored. Didn't Mr. Spataro proclaim that this was the Major Leagues? At least he was on time this week.

This is yet another week when Mr. Spataro has sat without the microphone in front of him. Has he noticed? The audience might want to hear his jokes and giggles.

Water/Wastewater/Trash Fee/Fire Protection liens were discussed amounting to ~ $380K.

Selectman Spataro was reviewing the booklet distributed to him in his packet during the meeting - clearly unprepared.

When Selectman Rogers questioned the BOS's previously implemented policy regarding the dollar amounts for advertising and liens, especially for small dollar amounts, the Chairwoman seemed to vaguely recall previous discussion, but little interest was shown.

Is Selectman Rogers the only one awake on the Board?

Lest you dismiss this as trivial, many of the dollar amounts are trivial -- as in under $10. Several were commented on as being $.17, $1.80 or $5.

When Steve McKinnon rose to ask a question, the Chairwoman's response was 'Quickly, this is not a public hearing.'

Mr. McKinnon's question was whether the town charged a pro-rated amount to re-coup its costs. Seems like a valid question for a resident to ask.

So, townspeople can only ask questions at specified times?

How does she manage to be rude even without her gavel?

Where are the rules posted?

During public hearings, the Chairwoman says the same thing. When exactly can townspeople ask questions, Madame Chairman?

When Bob Dunphy rose to ask a question, the Chairwoman's response was the same.

Bob Dunphy's question was 'can the list be posted on the Town's Web Site?'

The Chairwoman's response was essentially 'No! They know what they owe!'

That's right, Marsha. For Seventeen Cents, let's lien the property, advertise and proclaim the dead-beat! Never mind the cost! Never mind what makes sense. And never mind that you could have researched previous policy if policies and procedures were computerized. But, I'm sorry that I forgot you're not into computer technology and how it could streamline town function.

And they failed to indicate the actual numbers of nominal amounts, but let's not bother with the details.

Watch for the paid advertisement and take a look at the nominal amounts. Some of those might even be Town errors.

More to follow!

Why the SECRECY in Middleboro?

As a private citizen, I requested information regarding the cost of the 7/28/07 Special Town Meeting from Hell.

That information has not been received by me.

The IT Director, Mr. Roger Brunelle has stood before the Board of Selectmen and offered totals.

Should we, as voters, know what items make up those totals?

I am aware of others who have requested the same information and have not received it.

The Finance Committee doesn't have that information.

Shall we go to STM on Nov. 5th and vote to pay for items if we aren't assured that everything has been included? Will they look for more money in the Spring and hope you weren't paying attention? Why the secrecy?

Tomorrow, I'm filing a complaint with the Secretary of State, Pubic Records Division. I offer the following for others to do the same:

Secretary of State
Public Records Division
1 Ashburton Place, Room 1719
Boston, MA 02108

FAX: 617 727-5914
Main #: 617 727-7030 (ask for Public Records)
Public Records: 617 727-2832

The information provided on the links below regarding public documents are self-explanatory.

http://www.mma.org/images/stories/AbtLocalGov/public_records_guide.pdf
http://www.sec.state.ma.us/pre/prepdf/guide.pdf
http://www.sec.state.ma.us/pre/preidx.htm

Chairwoman Brunelle stated during the 10/29/07 BOS Meeting that the Board had been accused of lack of transparency. What shall we call this, Mrs. Brunelle?