Hamilton Deserves Better

The following STATEMENT was delivered and read at the 

Hamilton Board of Selectman's meeting on July 2, 2012:

Trust, Respect and Confidence of a community are essential elements a town employee or school administrator must possess.

You will recall that the Hamilton-Wenham School Committee announced last year that the employment of School Superintendent Dr. Raleigh Buchanan was being terminated...less than one year into a three-year contract.

The principal reason?...Loss of Confidence.

LOSS OF CONFIDENCE is a term often used as grounds for termination of an employee.  Loss of confidence arising from fraud or willful breach of trust by an employee is generally seen as a just cause for termination.

Ordinary breach should not suffice.  It should be willful and without justifiable excuse and should be supported by substantial evidence, not merely by the whims or caprice of the employer.

Which brings us to the position of Hamilton Town Counsel, currently held by Attorney Donna Brewer.  Ms. Brewer was so involved with the Hamilton Police Department conflict and resulting Marchand lawsuit as to be deemed one of the central figures in that controversy.

As a result, two independent investigatory reports were commissioned by the town: the Hayes Report and the Pomeroy Report. Both reports clearly indicated Ms. Brewer's central role in the Police Department affair.

A third report, the Urbelis Report, was commissioned to review the two previous reports and to specifically evaluate Ms. Brewer's actions.  Thomas Urbelis is a respected Boston attorney who serves as Town Counsel for Andover and North Andover.  The Urbelis investigation uncovered such wrongful acts that the report was held secret, as attorney-client privilege, for three years until AFTER the Marchand case was settled.

Upon its release to the public, the Urbelis Report was posted on The Hamilton-Wenham Patch and residents weighed in with spirited commenting on the contents of the report and Ms. Brewer's actions.

Why? Because the Urbelis Report, in support of both the Hayes and Pomeroy reports, determined that Ms. Brewer did in fact willfully and without justifiable excuse act in an inappropriate and culpable manner.  Citizens are understandably outraged.

As a result of her actions, Attorney Brewer has forfeited the trust, respect and confidence of the community and appropriately, she should be terminated as Town Counsel.

Many concerned citizens have already contacted the Board of Selectmen and Town Manager, but so far no progress has been made regarding Ms. Brewer's replacement.  Town Manager Michael Lombardo has chosen to support Ms. Brewer's continued employment and has suggested that her "reasonable" fees and "pro bono" work are a chief consideration for keeping her on payroll.  He has, it seems, chosen to ignore her poor and questionable performance prior to his becoming Town Manager and how much that performance has actually cost Hamilton and the taxpayers…in lost and settled court cases (culminating in the Marchand lawsuit settlement of $1,285,000.00), poor or improper legal advice, loss of income now that we no longer have a town-owned ambulance service, and of course, loss of community reputation for our town.

Ms. Brewer's actions merit condemnation and dismissal, not support and employment.

We respectfully insist that this issue be formally reviewed and reconsidered and that the position of Town Counsel be put out to bid for a new attorney to represent our town.

Hamilton deserves better.

Thank you.

Submitted by the following Hamilton residents, and supported by considerably more...

Jay Burnham           

Bob Gray

Shirley Gray

Leon Purington

Bruce Wadleigh

Dale Wadleigh

Leigh Keyser           

Betty Dunbar

Margo Killoram

David Southwick

Bea Britton

Jim Kent

Julianna Kallas

Ed Howard

Laura Howard

George LaMontagne

Linda Morey

Dan Ellison
Robert Sica  

To read The Hamilton-Wenham Patch's article published the following day after this statement was delivered: [Click Here]    


July 8th Update: To read another blogger's opinion (The Informed Hamilton Blog) regarding this same issue: [Click Here]                    

When Is An Override NOT An Override?

Several readers of this blog have asked me to print the statement which I had the honor to deliver on behalf of Enough Is Enough at the Hamilton Town Meeting, in support of an amendment to the School Committee's proposed budget.  Here it is:

**********************

Good Morning fellow residents…I come before you today to speak on behalf of Enough Is Enough.

We support the proposed amendment before you.

QUESTION:...When is an override NOT an override? We suggest it’s when a budget includes funds that are not needed. This year the School committee is demanding $500k MORE than our Finance Committee and our Board of Selectmen and our Town Manager unanimously agree the school’s need.

If you think about it, bloating the school budget by $½ million is quite clever. You see, the last time the School Committee asked for an override, it was denied by the voters. And despite claims to the contrary, the sky did not fall in. That last attempt at an unneeded override was for $1.2 million. I say “unneeded” because the schools got along just fine without it. In fact… even without that $1.2 million, services remained in place, teachers were not laid off…AND this past year the district ended up with a SURPLUS of over $1 million. A SURPLUS!

Today, rather than risk being denied another override by already overburdened taxpayers, the School Committee has simply added unneeded funding into their budget. Don’t be fooled by this ploy. It’s tantamount to an override… but disguised as a budget. At least a real override is for a specific purpose. This unneeded $500k is for things that “may” or “could” or “might” happen…....possibly.

All we have heard over the past few weeks from the School Committee and their budget supporters has been non-specific rhetoric, such as:

QUOTE: “We can’t rule out POSSIBLE service cuts and teacher cuts.”

QUOTE: “It’s POSSIBLE that the E&D account may not be large enough to cover UNEXPECTED expenses.”

(B/T/W…one veteran member of the SC has stated that the E & D balance would be one of the highest amounts he has seen in 19 years on the committee.)

QUOTE: “Anytime you take money away you put things AT RISK.”

QUOTE: “We COULD be faced with revenue shortfalls”

QUOTE: And this is my personal favorite: “It’s difficult to IMAGINE what services might be cut.” YES, it is. It surely is.

That’s a whole lot of innuendo… a lot of “could’s” and “might’s” and “maybe’s” and “possibly’s”. On the other hand, here are some FACTS we would like you to consider:

FACT: The Blue Ribbon Committee (remember them?) came to the conclusion that our school district outspends comparable school districts by between $2 and $4 million a year. As did the Department of Education.

FACT: An expert and detailed independent Operational Audit came to the same conclusion in a four hundred page report.

FACT: The district administration’s original budget, supported by a majority of the members of the School Committee's Working Finance Sub-Committee, was for $350,000 LESS than what the School Committee is demanding from you today.

FACT: Since that time we now know that an additional $120,000 in state funds will be available to the schools.

FACT: The School Committee’s budget ALSO includes salary compensation ($77,000) for a Latin teacher…but there is NO Latin teacher.

I could go on, but in the interest of time and in conclusion, we ask you to consider the following 3 things as you prepare to vote on this important issue:

1. Since 2001, our towns have funded 8 school overrides that have cost the taxpayers $43,947,000 over that 10 year period.

2. With over $1 million in EXCESS funding left over from LAST year, it is fair and appropriate to ask the school district to return a portion of those unspent funds to the taxpayers. This year the Town of Hamilton mistakenly over-charged the taxpayers $275,000. The Selectmen, with the support of the Fincom, did the right thing and immediately voted to return it to you, not keep it in a reserve fund as the schools are demanding. The school district owes you the same courtesy and respect your Selectmen provided you when they “gave back” your money. And although the chairman of the School Committee has publicly referred to the $500,000 as (quote) “our money”, it is NOT their money…it’s yours.

If UNEXPECTED costs are incurred, we suggest the district use the other $500,000 in unspent fiscal year 2011 funds… and if need be, include the $77,000 salary of the non-existent LATIN TEACHER.

3. Lastly, it’s no secret that Hamilton’s property tax rate is one of the highest in Massachusetts, the direct result of unchecked and spiraling school spending. As a Realtor, I can assure you that such a high property tax rate diminishes your home’s market value and your equity…as well as your ability to sell should you need to. If you want to reverse this trend, you need to vote to approve the amendment before you.

Please join me and EiE’s members and supporters… along with ALL the Selectmen and Finance Committee members and our Town Manager… and cast your vote to APPROVE this amendment.

It is right… and it is fair… and it DOES NOT and WILL not result in diminished educational services for our children.

Don’t approve another unnecessary override… cleverly hidden inside the School Committee’s proposed budget.

Please vote YES... in favor of this amendment.

Thank you.

*******************************

The motion passed 181 to 128.  Congratulations to those who supported the Town budget, as amended.

UPDATE: Posted 5/22/2011: By now you have likely heard that the School Committee has abruptly TERMINATED the employment of Superintendent Dr. Raleigh Buchanan.  It makes you wonder about the "unexpected" expenses they touted at Town Meetings earlier this month in support of keeping the over-funded $500k of unspent taxpayer's money.  Also, does anyone else sense that they deliberately waited until AFTER Town Meetings were over to announce their reveiw of Dr. Buchanan...which in turn led to this unfortunate event?