As South Hadley goes...

ARHS

UPDATE: Phoebe Prince's death cost the insurance company that covers South Hadley $225,000. Not enough. Not nearly enough.

Now that Hampshire Superior Court Judge Mary-Lu Rup has decided in favor of transparency and the "people's right to know" by coming down on the side of--gasp--a blogger who, unlike the mainstream bricks and mortar journalists around the Happy Valley, had the temerity to demand South Hadley officials disclose blood money paid to the family of Phoebe Prince, I'm hoping my stronger case against Amherst School officials will benefit in a collateral way.

Emily Bazelon first filed her request with the Secretary of State Public Records Division and I would bet they found in her favor, as they did with me. But then the South Hadley Schools probably did what Amherst defiantly did with me: refused to comply.

Since the Public Records folks have no enforcement power they would have to turn it over to the Attorney General's office (which I quickly requested they do in my case). They however, sheepishly suggested I take it to Hampshire Superior Court where I'm sure I would win, but only after paying a $275 filing fee.

And the schools will use big city attorney Regina Tate to defend the stonewalling, while we, the taxpayers of Amherst, cover her $225/hourly fee.

Since Ms. Bazelton works for Slate Magazine she can afford the steep up front cover charge, although she was savvy enough to request court costs as part of the settlement.

My original request for any settlement agreements over the past five years between the schools and separated employees costing taxpayers a minimum of $5,000 resulted in 13 cases with a combined cost of $200,000 and unlike South Hadley, not covered by an insurance company.

What kind of message does that send our children when public schools buy their way out of a mistake using taxpayer money, and then spend even more tax dollars trying to keep the secrets buried?

What price public documents?

Shawn Williams, Assistant Director
Public Records Division
McCormack Building, Room 1719
One Ashburton Place
Boston, MA 02108

8/22/2011

Dear Mr. Williams,

First off, my sincere condolences on the loss of Director Alan Cote. He was a true champion of keeping records open and available to the general public, a thankless and--unfortunately in Massachusetts--never ending job.

I'm aware your office seldom refers matters to the Attorney General for further action these days, but I'm requesting you do exactly that with the case of the Amherst Schools obstinately defying your order to produce 13 settlement agreements with public employees costing Amherst taxpayers $200,000 over the past five years.

As I understand it only two options now exist for overcoming this willful roadblock: referring the matter to the AG by your office for enforcement of your original order, or I can bring the matter to Superior Court such as the Boston Globe has done with an almost identical case.

Unfortunately option #2 will cost me $275 plus the additional cost as an Amherst taxpayer when the schools use attorney Regina Tate at $220/hour to defend their case.

It seems the Amherst Schools are using South Hadley as an example for doing the public's business: as secretly as possible. Please, do not allow them to be rewarded for this unethical pattern of behavior.

Sincerely Yours,

Larry Kelley
596 South Pleasant St
Amherst, Ma 01002
413 256-0491

Call in the Cavalry

Alan Cote, Supervisor of Records
Office of the Secretary of the Commonwealth
McCormack Building, Room 1719
One Ashburton Place
Boston, MA 02108
8/15/2011

Dear Mr. Cote,

I am requesting further assistance from the Public Records Division concerning my previous public documents request of the Amherst Schools for employee settlement agreements over the past five years with a value greater than $5,000.

In a 7/20/2011 letter to the Amherst schools your office, responding to my 4/7/11 appeal request, found in my favor saying, "The school has failed to show that the responsive separation agreements include personal information sufficient enough to withhold the agreements in their entirety under Exemption (C)."

On 8/2/2011 I met with Amherst School Superintendent Maria Geryk and Human Resources Director Kathy Mazur to pick up the documents. The Amherst officials, however, refused to provide any of the 13 settlement agreements, offering instead a "summary" with no names, job titles, dates or any other information besides the total amount of each individual settlement (document attached).

Could your office please issue another administrative order clarifying for the schools how to properly comply with your original order to provide the settlement agreements in question? As always, thank you for working to maintain transparency within our government.

Larry Kelley
596 South Pleasant St.
Amherst, Ma 01002

Settlement Agreement Summary

The cost of doing business?

We have already learned recently that the Amherst schools spent $200,000 in "settlements" with former employees over the past five years (not counting costly unemployment benefits); but with our municipal education machine being such a large local employer, maybe not such a bad batting average.

And maybe in the long run those settlements saved money or helped maintain the integrity of the system, as the women in charge would argue. In fact, they maintain it's usually a combination of both those rationals and that argument would probably be applied to any and all "legal expenses."

How unfortunate that a system designed to educate all our children spends tax dollars on litigation...but a necessary evil, perhaps.

After all, the Amherst schools account for over two-thirds of the entire town budget, or $49 million last year between elementary and regional high school.

Still, do they have to spend so much?

Legal Expenditures

Amherst-Pelham Regional School District:

	FY09	FY10	FY11
School Committee	15,802	17,330	32,315
Human Resources (personnel)	5,123	5,714	6,446
Special Education - MHT&L	49,443	27,315	41,911
	70,368	50,359	80,672

Amherst Public Schools:

	FY09	FY10	FY11
School Committee	9,728	24,763	25,077
Human Resources (personnel)	8,255	5,464	5,854
Special Education - MHT&L	17,112	3,733	14,729
	35,095	33,960	45,660

########################################

8/4/2011 9:48 AM

Could I please get Attorney Tate's current hourly rate and total amount paid in FY10 and FY11 by the School District?

And for clarification: was she terminated from handling school district SPED cases as of December 2010?

Larry K

To: amherstac
Cc: Maria Geryk ; Kathy Mazur ; Mary Wallace
Sent: Fri, Aug 5, 2011 11:22 am

Good Morning, Mr. Kelley:

I'm happy to provide the information you requested. The hourly rate for services provided by Murphy, Hesse, Toomey and Lehane (Ms. Tate's firm) is $220.00. The School Committee vote to hire Dupere and Dupere for the districts' Special Education services and Murphy, Hesse, Toomey and Lehane for the districts' general counsel was taken on September 22, 2010. I've attached the minutes for your convenience.

Best,

Debbie

Debbie Westmoreland
Administrative Assistant to the Superintendent

My Meet-and-Greet with Maria

So no, Attorney Regina Tate was not present for our mid-afternoon pow-wow yesterday in the Superintendent's office...well, at least not in a physical sense. But her spiritual presence was overpowering.

Under additional $220/hour advice from Attorney Tate, the schools defied the official ruling of the state Public Records Division by continuing to withhold the (13) employee settlement agreements.

What little they did give me indicates payouts of almost $200,000 over the past five years.

Settlement Agreement Summary Click link

Detention?

From: Kathy Mazur
To: amherstac@aol.com
Sent: Fri, Jul 29, 2011 2:07 pm
Subject: Tuesday

Hi Larry - Can you please meet with Maria and me at 3 pm next Tuesday? I expect to have the settlement information ready at that time, and Maria and I would like to be able to answer any questions you might have, as well as have an opportunity for us to provide some context for the settlements. Thanks, Kathy
##############################################

I feel a bit like the petulant school child sent to the principal's office for discipline, or what the Chinese government refers to as "retraining." Stimulates not-so-fond memories from St. Michael's Catholic school in Northampton, where the first line of offense was a brief stay in the cramped cloakroom.

Of course the ironic thing about the Amherst Schools trying to keep these settlement agreements with public employees secret is that by taking flawed legal advice from Attorney Tate and resisting my initial public documents request they have only attracted additional attention to the matter.

Furthermore, had I not published the formal finding from the Public Documents Division spelling out the Schools' mistake, a reader would not have seen the opportunity to forward me documentation regarding the other recent incident where the Schools, acting on bad legal advice, withheld the resume of the "interim" Director of Special Education, thereby earning yet another reprimand from state officials.

Rather than spend taxpayer money on bad legal advice, perhaps the Schools--a $50 million enterprise--should hire an entry level Public Relations advisor to spin positive stories and prevent recurrence of these embarrassing faux pas.

They have secrets (and want to keep them)

Supervisor of Records
Office of the Secretary of the Commonwealth
McCormack Building, Room 1719
One Ashburton Place
Boston, MA 02108
5/9/2011

Dear Mr. Cote,
I wish to appeal the recent decision by the Amherst public Schools denying my documents request for separation agreements with (now former) employees that cost local taxpayers tens (possibly hundreds) of thousands of dollars.

Months earlier I made the same request of the Town Manager and Amherst Select Board (town employees are legally separate from school employees) which town officials initially balked at providing, but town attorney Joel Bard ruled the request fell within the parameters of public documents law and I was reluctantly provided the material--some of it potentially embarrassing.

I also find it odd that the schools would turn over the settlement agreement of former Superintendent Alberto Rodriguez but none of the others (and at this point I have no idea how many others exist.) It only takes one white crow to disprove the theory all crows are black.

And if all of the other settlements agreements are the result of internal discipline regarding the performance of a school teacher and as such is "personnel . . . information" within the meaning of G. L. c. 4, s. 7, Twenty-sixth (c) [797-799], therefor exempt from disclosure under the public records law, G. L. c. 66, s. 10 [799-800] then why did the those employees receive hefty settlements paid for with tax dollars?

Larry Kelley


To: Gerykm@arps.org, mazurk@arps.org
Sent: Thu, Apr 7, 2011 12:15 pm
Subject: Public Documents Request

Could I please get any and all separation, severance, transition, or settlement agreements made since January 1, 2005 between the Schools (both Amherst elementary and Regional HS) employees that include compensation, benefits, or other payments worth more than $5,000.

Thanks.
LK


Sent: Thu, Apr 28, 2011 2:36 pm
Subject: Re: Public Documents Request
Dear Larry,

Based on advice by our school attorney and the districts' contact with the Massachusetts Office of Public Records, we are enclosing a copy of the Settlement Agreement of Alberto Rodriguez. However, as to the other documents you are seeking, it is the position of the districts that these documents are not public record per the Wakefield decision and the districts do not feel they can be released.

Sincerely,

Kath

Kathryn Mazur
Director of Human Resources
Amherst-Pelham Regional
School District