Thursday, December 31, 2009

D.A. Finds Open Meeting Law Violations

December 29, 2009

Ashfield Select Board
Edwin Murray, Chair
Town Hall
P.O. Box 560
Ashfield, MA, 01330

Dear Mr. Murray:

The Northwestern District Attorney’s Office has completed its investigation of complaints that the Ashfield Select Board violated the Open Meeting Law by engaging in certain email discussions of substantive matters over which the Board has jurisdiction. The Open Meeting Law requires that a governmental body’s discussions on such matters be conducted solely at properly posted meetings that are open to the public. The District Attorney’s Office also received complaints regarding the propriety of emergency meetings held on July 2 and July 13, 2009. The Office has reviewed the minutes of these meetings, and well as the minutes of all meetings held in June and July, 2009. This Office makes the following findings:

A. Two June 8, 2009 emails distributed amongst all three Select Board members, one written by Bill Perlman and one written by Tom Ulrich, copy attached hereto as Exhibit A, violated the Opening Meeting Law as they involved a quorum of the Select Board discussing the performance of the police chief and the parameters of his position, both matters over which they have jurisdiction. The remedy for this violation is to make the emails available to the public.
B. A June 23, 2009 email from Mr. Perlman to the other members of the Select Board and reply email from Mr. Ulrich to Mr. Perlman, with copies to R. Dave DeHerdt, violated the Open Meeting Law because they involved discussion or deliberation about matters over which the Select Board has jurisdiction. For ease of reference, a copy of these emails is attached hereto as Exhibit B. Since the content of the emails has been made available to the public and since the matters discussed were subsequently aired at length at public meetings, there is no remedy for these violations. Subsequently, Mr. Perlman recused himself from deciding on disciplinary matters and, in July 2009, resigned his position from the Board.
C. July 2, 2009 Emergency Select Board meeting. This meeting, minutes of which are attached hereto as Exhibit C, was called to order at Midnight on July 2, 2009 for the purpose of making the annual appointment of town officials. The “emergency” that arose was the Board’s failure to appoint the slate during a regularly scheduled meeting. The reason for the emergency did not meet the statutory definition of emergency: “a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.” G. L. c. 39, section 23A. Therefore, the meeting was improperly held. To remedy this violation, the Board must ratify its July 2, 2009 emergency action at a properly posted open meeting.
D. Emails for July 3, 2009, copies of which are attached hereto as Exhibit D, violate the Open Meeting Law as they involve a substantive discussion on a matter over which the Board has jurisdiction. (Footnote: The email from Bill Perlman to the administrator and the other members of the Board does not violate the Open Meeting Law because it is merely a request to place an item on an agenda.) Specifically, the Board discussed taking possession of a town-owned computer being used by the Chief of Police in order to determine whether the Chief had installed software for monitoring other members of the police department via his computer. Subsequent emails do not reveal if any further action was taken by the Board. To remedy this violation, all discussions held regarding the Chief’s computer that were held on July 3, 2009 should be deliberated anew at a properly posted open meeting.
E. A July 9, 2009 exchange of emails between Mr. Perlman and Mr. DeHerdt, with copy to Mr. Ulrich, copy attached hereto as Exhibit E, violated the Open Meeting Law. To remedy this violation, the Board should review the substance of this email at an open meeting and make the email available to the public. If the board believes that the discussion could properly be held in executive session, it should convene an executive session in accordance with the Open Meeting Law’s procedural requirements.
F. A July 10, 2009 email from Mr. Ulrich to Mr. Perlman and Mr. DeHerdt, a copy of which is attached as Exhibit F, regarding suggestions for changing the physical location of the police station and guidelines for the police chief if he returns to work violate the Open Meeting Law. To remedy the violation, the Board should repeat this discussion at a properly posted open meeting.
G. The minutes of the July 13, 2009 emergency meeting, copy attached hereto as Exhibit G, indicate that the meeting was called to discuss a town employee’s resignation. It is unclear why the employee’s resignation would require an emergency meeting. In fact, no action was taken at the meeting on this topic or on other topics discussed. Since the minutes of the meeting have been released to the public, no further action is necessary to remedy this violation.
H. A July 24, 2009 email from Mr. Perlman to town counsel with copy to Mr. Ulrich and Mr. DeHerdt, attached hereto as Exhibit H, violate the Open Meeting Law because it contained substantive and strategic discussion by a member of the Select Board to all other members.
I. A July 25, 2009 email from Mr. Perlman to Mr. Ulrich, copy attached hereto as Exhibit I, violated the Open Meeting Law because it involved substantive discussion by one member of the board to another. As no action was taken with respect to the contents of this email, no further action is required. The remedy for this violation is to make the emails available to the public.

CONCLUSION

The documents submitted by the Select Board have revealed that the Board twice improperly invoked the emergency exception to the posting requirement and held emergency meetings. Further, one of the emergency meetings was improperly convened in executive rather than open session. Some email exchanges amongst Board members involve substantive discussion of matters over which the Board has jurisdiction. Such use of email is prohibited under the Open Meeting Law; email is appropriate for procedural matters only. The Board should release the contents of said emails as detailed above. Once these steps are taken, the District Attorney’s Office will consider this matter closed.

Very Truly Yours,
(signed)
Judith Ellen Pietras
Assistant District Attorney

cc: Town Counsel Donna MacNicol
Complainants

Editor's Note: This post was transcribed from a pdf file on the stationery of the Northwestern District Attorney's Office. (Image files create a problem for dial-up users.)

Monday, December 28, 2009

Meeting Update

Neither the Selectboard nor the Board of Assessors will be meeting this week.

More About Elmer's

Happy New Year,

I hope 2010 brings us all the resolutions we seek and I have found 2009 ending, has brought a new beginning. Ruth's Ashfield Town Common is a voice of service. It provides each of us a voice without judgement. A freedom to express to an open channel of communication, to view and review words and thoughts of others, without filters. The Common brings to life the expressions of decency and the goodwill of the many in this town.

I liked Elmer's best when as a child I could talk to Elmer. I like Elmer's best as it is Elmer's, a place to find a friend or be one. Elmer's is Elmer's and Ashfield is Ashfield. I do not think one or the other changes, without one or the other changing. We are each in history a part of Elmer's, so I say Elmer's, and even Day's store from time to time. I think the value of the store may be measured in remembrance, as with each, Elmer's or Day's...I find a smile of contentment.

Best Wishes to you Nan, in the many coming years!

S.M.Corbett

Elmer's These Days

What a wonderful poem Don Lesure posted! I love it when the past is so connected to the present, as it is through that piece of writing! With Don’s permission I’d like to post it at Elmer’s (formerly Crafts) where it should live forever.

I also read Jim Maloney’s piece with its notes to the present-day Elmer’s. I don’t fully understand the reference to the public meetings held there, but I would like to say that indeed, all are welcome at Elmer’s. Elmer’s was an integral part of this town long before I showed up, and while I have heard that not all in the present day feel comfortable there, I would like to assure you that every single person, regardless of their politics is welcome and appreciated, and if for some reason someone does not feel as such, please let me know, for I am thrilled at all who come there to pass their valuable time.

As far as the coffee goes; our coffee is more expensive because it’s organic, which is important to some. For others that’s not so important. I like the idea that Ashfield can serve the needs of the entire town, including in coffee preferences. But in accordance with my desire that Elmer’s belong to all, many times I have handed the coffee to someone and said, “Just give me what you got.” While I appreciate the money needed to stay in business, I also appreciate that not everyone has that much money for coffee and, truly, I’d rather have your company than not.

At the same time, I don’t want to take away from Phil’s coffee business at Neighbors, so, if there’s something we have that you’d like to partake of, get your coffee at Neighbors and bring it over to Elmer’s for whatever it is we have that interests you! One of our customers buys her coffee at Phil’s and brings it to Elmer’s to read the paper, where she sits beside me, as I eat the sandwich I bought at Neighbors, or the pizza I bought at Country Pie.

It is a small town. We all need each other. I respect the desire of any who don’t want to come to Elmer’s for whatever reason, but I do want you to know that you are welcome there at all times.

Thanks and I appreciate the forum,

Nan Parati
Elmer’s Store

Wednesday, December 23, 2009

A Christmas Greeting

Written by my grandfather Nelson Gardner to his boyhood friend Will Crafts as a Christmas poem around 1912. Will Crafts was from the Crafts family who owned Crafts Store which is now Elmers.

Don Lesure


HIAWATHA
LIVED ON MILL HILL
IF HE WERE LIVING
HE WOULD LIVE THERE STILL
And BUY his CHRISTMAS GOODS OF WILL

He has felt boots for Apple Valley
Gum shoes for Old Tin Pot
Fur caps for Natives of The Plain
And mittens that are hot

Warm gloves for up in Cape Street
Wool shirts for Briar Hill
Thick robes for Baptist Corner
To keep out the Great Ponds Chill

Toys and Games for Watson
Pin wheels for Bug Hill
Gum drops for Spruce Corner
Nice things for all has Will.

Friday, December 18, 2009

SPEAK OUT!

Bad things have happened to our town of Ashfield. They must be replaced with good things. For this to happen we must become aware. This is a good thing. To be aware of wrong-doing and not speak out adds to the problem.

For most of us this has never been about the chief of police as an individual. This has been said over and over again, yet it has fallen on deaf ears. It is tedious and tiresome that some still characterize this fight as support for the chief and nothing else.

This fight is about free speech for all, participatory government for all, fair process for all.

This is about standing against backroom deals, mob boss directives, and repression by petty dictators and their uniformed enforcers.

Tanks rolling through the square may be the grand acts of repression, easily identified and condemned. But subtle acts are no less repressive and may be more insidious - such as a newspaper shaming private citizens into silence by calling their legal democratic acts, maybe even their duty, "spiteful" and a "bit of nastiness;" public meetings where some are allowed the floor and others denied or shouted down; where some are denounced for release of information, but others encouraged; when supposedly public meetings are held in private establishments where all do not feel welcome or feel ashamed that they may not have the money to buy that coffee.

This upheaval has taken on a life of its own and it will not go away on its own. Every citizen of Ashfield has a right and a duty to speak out. Reclaim your town! Use your freedom of speech to ensure that Ashfield has solid, open and honest government of the people, by the people, and for the people.

Many years ago I was in combat fighting in WW II . This very day our kids are fighting and dying to preserve this freedom for ALL people.

This very day join them in spirit. SPEAK OUT.

Don Lesure, you're not alone in this foxhole.

Jim Maloney

(Editor's Note: See Freedom of Speech, Etc. by Don Lesure)

Thursday, December 17, 2009

Mary Snow Recuperating in France

Dear Friends,

As some of you may already be aware, my mom, Mary Snow, caught a light case of pneumonia while visiting me here in France and has been hospitalized in the local hospital here in Tourcoing. I don't yet know how long they will decide to keep her, but it could be upwards of a week or so.

I created a CaringBridge website so that you can follow Mary’s progress and, if you wish, send her a brief message of support.

Visit Mary’s website in two easy ways:

1. Visit the CaringBridge website by clicking the link below.
http://www.caringbridge.org/visit/marysnow

2. Enter the website name, marysnow, at www.CaringBridge.org.

When you visit you’ll be asked to log in, because I’ve chosen to keep the site private.

Once you're on Mary's webpage, you can:

• Visit and keep up to date.
• Leave a message in the guestbook (which I will print up and take to Mary on a daily basis)
• Receive e-mail notifications when the journal is updated.

I should warn you that the page is plastered with invitations to make donations to Caringbridge. I can't do anything about that, but please know that that is not the point of the exercise! I just wanted a convenient way to let a lot of people know how Mary is doing and a Caringbridge site is very practical for that.

Many thanks for your love and support. It means the world both to Mary and myself.

Love and peace,

Helena

Tuesday, December 15, 2009

Selectboard Meeting Agenda

TOWN OF ASHFIELD SELECT BOARD
MEETING AGENDA*
December 16, 2009 After Special Town Meeting
1. Minutes
December 9, 2009
2. APPOINTMENTS:
3. LIAISON REPORTS ?
a. Police
b. Fire
c. Highway
d. Emergency Manager
4. OLD BUSINESS
5. MAIL
a. Shelburne Senior Center Open House
6. NEW BUSINESS
a. Web site schedule
7. Vote/Signatures
a. School Committee Member
8. FUTURE MEETINGS/APPOINTMENTS
PLEASE SIGN WARRANTS DECEMBER 19 OR 20 December 23, 2009 @ 7 pm — Select Board Meeting January 6, 2009 @ 7 pm — Select Board Meeting January 13, 2009 @ 7 pm — Select Board Meeting
9. PUBLIC FORUM (if time)
* This is a preliminary agenda and is subject to change.

Special Town Meeting Wednesday 7 p.m.

Initial Draft Talking Points
12/9/2009
Ted - ARTICLE 1: I move that the town appropriate and/or transfer from available funds the amount of $70,600 to pay for Technical School expenses.
• 4 additional students going to Tech
• Last year we had 2 students at Tech.
• We are transporting the Tech kids to the school.
• Last year we were able to share a bus for part of the way with Charlemont. This
year it works out to be about the same to transport them directly to the school.
Dave - ARTICLE 2: I move that the town appropriate and/or transfer from available funds the amount of $7,000 to pay for Tax Title expenses.
• 3 land only parcels are ready to go to auction.
• Outstanding tax on these properties is about $18,913.
• Assessed value of the properties is $133,900.
• The-important point is that.we need to sell these parcels in order to get them back on the tax rolls.
Dave - ARTICLE 3: I move that the town appropriate and/or transfer from available funds the amount of $5,000 to pay for Legal expenses.
Tom - ARTICLE 4: I move that the town appropriate and/or transfer from available funds the amount of $3,500 to pay for Election expenses.
• There are 3 elections in this fiscal year.
• Costs will include paying a constable and police officers, feeding the volunteer election workers and programming of the voting machine.
Ted - ARTICLE 5: I move that the town transfer-from Police Fuel the amount of $3,400 to pay for Police Department expenses.
Tom — ARTICLE 5 (6): I move that the town appropriate and/or transfer from available funds the amount of $1,989 to pay for Fire Department expenses.
• This is the matching grant from the state which the select board agreed to support if Del paid for it initially out of the fire department budget.
Ted - ARTICLE 6 (7): I move that the town transfer from Assessor Clerk Expenses the amount of $1,500 to pay for Municipal Clerk Assistant expenses.
• This money is to pay the balance needed for the municipal clerk assistant line item.
• This position is now one that supports the assessors in addition to the town administrator, town clerk and collector.'

Thursday, December 10, 2009

Some Questions for Ashfield

"Why are Americans so uneasy with self-examination? Patriotism is tied up here with seeing our country as a perfect, finished product, not a work in progress. Anyone who questions the status quo in the US is likely to be called treasonous." Quoted from an interview with Barbara Kingsolver.

Are we in Ashfield any different than this? When citizens insult each other do we just turn our heads. When public records are thrown out on a whim do we just turn our heads? When police officers intimidate citizens, do we just turn our heads? How many people know that smoking cigarettes is an illegal act for a police officer or fire fighter in the state of MA. These are just a few of the illegal acts up here in our small town. When will these things be investigated? Who is held accountable for their actions? Why are we afraid of bringing up truths? Why are we afraid of investigating and examining ourselves as a town? And why are we afraid of listening to someone with a different view point? May we find the Peace in our lives that is so needed in this time of darkness and may we all learn to listen with our hearts open and our minds clear. It is not a crime to hold each other accountable for our actions.

Happy Hanukkah, Merry Christmas and a Happy New Year.

Ricki Carroll

A Call for Civil Discourse

A couple of weeks ago, I phoned someone in town who is on the other side of the controversy over John. We had a long, cordial conversation and, in the end, agreed to disagree. After the Dec.2 Select Board meeting, I sent her an e-mail on one of the matters we’d discussed. In the e-mail, I made a minor error in fact – I referred to Ms. Levitre’s complaints as being about sexual harassment rather than harassment of a disabled person.

The person I’d e-mailed passed the e-mail on to a former select board member, who, on the basis of that minor error, wrote: "David. What you seem to be dealing in is propaganda, lies and innuendo. If you base your assumptions on ignorance of the facts, and then draw conclusions based on your own bias, of course you will end up where you are. Your lack of moral center in these entire proceedings has been astounding. Please do not continue to degrade yourself any further."

I took some umbrage at being called a liar and propagandist with no moral center, even if the accusations were couched in the language of concern for my well being. (“I was so sorry to hear you’re a lying sack of manure. Is there anything I can do?”) But there’s something larger than a personal attack going on here.

You can never resolve a controversy if you treat the people who disagree with you, not as opponents who need to be convinced or at least respected, but as enemies who must be shouted down and publically humiliated. There are honest and intelligent people on both sides of the recent controversy who sincerely believe they are doing what’s best for Ashfield -- I was trying to talk to one of them when I made the phone call that started this exchange. I’m calling on these honest people to turn their backs on the sort of attacks that refer to opponents as “a lynch mob” or “an ignorant crowd,” or even a lying propagandist with no moral center. Until we start treating each other with respect, we’re never going to be able to move forward as a town.

To sum it up, one of the complaints against John was that he fostered a culture of intimidation. John’s gone now, but that culture is still with us.

Respectfully,

David King

An Open Letter to the Selectboard Chair

Dear Mr. Murray,

I felt last week's Selectboard meeting was the beginning of CHANGE. Issues long awaiting attention are beginning to surface, and I felt they would be dealt with.

Your statement to Channel 22 and the Recorder that the people are exhausted and the town is depleted is not true, at least in my case, as I have the right to speak only for myself. I and others have been attending meetings and putting forth effort to stay with the problems plaguing Ashfield for many months now, and I am feeling energized that change is happening.

The resignation of John is only the surface as I see it. There are many other problems as important throughout the police department, town hall and now the assessor’s office. For instance: the breaking of the elections law, the missing e-mails, abuse of power, Seth Cranston's alleged harassment issue with a former assessor's clerk for which the town is now paying unemployment and the fact that the harassment was known of by a former selectboard member and other assessors who did nothing about it. If you remember, or perhaps you were not on the board then, but, during a selectboard meeting, Cynthia Cranston demanded from Dave Deherdt a promise of a "zero tolerance policy" towards harassment.

The harassment class, which I believe you attended, makes clear that a person aware of harassment is as guilty as the perpetrator if they do not expose the problem. Therefore, the selectboard had a responsibility to do something. I feel that Emma did the right thing in bringing up this issue--she exposed a problem. Her letter contained no names. Seth stood up and outed himself.

As for the police department, I feel Kristina N. has acted with intimidation, i.e. five uniformed police (off duty?) at a selectboard meeting amongst the citizens. I feel she is insubordinate during the meetings, and I question her right to speak, since she is not a resident of the town. I do not feel confident in the police department at this time. I feel we, as a town, need to take our time in finding a well-qualified police chief with outstanding references who has had no prior relations with Ashfield. Perhaps Kendal Chow should be asked, as a man with 23 years experience, to help with the choosing of a new chief. I am sure that his experience and knowledge would be a great asset. And in the interim, perhaps he should be asked to step in as the acting chief.

You have obtained much information through your interviews and investigations. I hope that you will honor those that have come forth and stepped up to the plate with valuable info. This information will help the process of cleaning house and correcting all the improprieties that have been going on for many years in this town.

I trust, Ted, as you were elected by citizens of this town, that you will do your job with respect for all the taxpayers and those concerned citizens. I would like to see a zero tolerance policy in all the town governments, and transparency as well. We, the citizens, have the right to know.

Sincerely,

Karen Sullivan

Celtic Concert

Traditional accordion legend John Whelan will perform at the Ashfield Community Hall this Sunday at 7:30 p.m. Whelan is a seven-time All-Ireland Champion who moved to the U.S. in 1980.

He will be accompanied by New England musicians Liz Simmons and Flynn Cohen. Tickets are available locally at Elmer’s and at the door.

Wednesday, December 9, 2009

O Christmas Tree

Our family tree is symbolic of our support for our community this year. No perfectly shaped tree. It's a Charlie Brown tree with a crooked top, sparse branches and, as Elmer would say, rather "poor." However, I will enjoy it because to us, as it struggles to stay upright in the stand, it's symbolic of our struggles as a town.

Grace Lesure

Neither snow, nor wind, nor...

In spite of the weather, the Select Board will meet tonight at 7 p.m. An agenda has not yet been made available.

Ruth Julian

Monday, December 7, 2009

Endorsement of Alan Khazei

Tomorrow is our opportunity to choose the Democratic candidate for Senator Kennedy’s seat. Last week we managed to catch a televised debate among the four candidates. We decided by the end of the hour that Martha Coakley was too rigid and Steve Pagliuca was too rich.

That left Mike Capuano and Alan Khazei, so we visited both websites. Capuano’s website was all flash and dazzle—clearly the design of people who don’t even know that some potential voters still live in dial-up land. We waited 10 or 15 minutes for the site to download and filled out the form requesting more information. The Capuano campaign never responded.

Alan Khazei’s site was much more dial-up user-friendly. I easily found a place to send in my questions, with high-speed internet access at the top of my list. The deputy policy director of Khazei’s campaign responded with a detailed e-mail that included a firm commitment to increased funding for broadband access in our area.

We were also impressed that, of the four campaigns, only Alan Khazei spared us the constant badgering of robo-calls.

Don’t forget that the polling place has been moved from Town Hall to Sanderson Academy to provide greater handicapped accessibility. Polls will be open from 7 a.m. to 8 p.m.

Ruth Julian

Saturday, December 5, 2009

Re: Resignation of the Police Chief

Dear Select Board Members:

I sincerely expect any and all charges which the town had planned to execute on behalf of its citizens will move forward. I expect as a taxpayer that the select board members move to collect town inventory and establish accountability of such, collect its equipment and establish accountability of such, collect its firearms and establish accountability of such, collect missing funds and establish accountability of such, and to collect from the chief all uniforms, gear, jackets, and the like that were purchased with town funds.

I expect that if there is merit you will move forward with charges against any town official and that you will proceed expeditiously and thoroughly. I commit this town and its officials to be accountable for all items in your initial investigation.

I sincerely expect that having the Massachusetts State Police taking temporary coverage of this town will expedite the inspections, documentation's, computer data recovery, and recovery of all files, missing weapons, missing funds, and the like.

I expect no one shall be in fear of any reprisals and, if approached, this shall also become a grave concern by the select board members and will be judiciously dispatched.

I expect this letter to be read and acted upon at the next meeting of the select board.

Submitted respectfully,

SMCorbett

Police Chief Resigns

December 5, 2009

Select Board Member Mr. Edwin A. Murray, Jr., Chairman
Select Board Member Mr. David DeHerdt
Select Board Member Mr. Thomas Ulrich
Town of Ashfield
412 Main Street
PO Box 560
Ashfield, Massachusetts 01330

Dear Select Board Members:

Please accept this letter as my formal resignation from my position as Chief of Police for the Town of Ashfield and as a member of the Ashfield Police Department. My resignation will be effective at 12 Noon, December 5, 2009.


Respectfully,

John Svoboda

Friday, December 4, 2009

Freedom of Speech, Etc.

This right should not be selective or suppressed.

Free speech is essential to democracy. Democracy should reassess periodically. The Ashfield mob is doing that now. A would-be king is responsible for instigating, perpetuating, and enhancing undemocratic and unorthodox practices. The select board must now endeavor to rectify many complicated inefficiencies such as records destroyed or misplaced, unprofessional personnel, poor office organization, etc.

My tax payments support this process. I expect a reasonable police department, not a bunch of wannabes now led by a questionable officer. I expect reasonable record keeping and professional behavior. Incidentally, there are no natives remaining in Ashfield. Natives were Indians. We are all, said the king, part of the mob.

Thank you, Mr. Deherdt, Mr. Swem and the mob for a common sense approach.

Don Lesure.

Thursday, December 3, 2009

Assessors' Clerk's Unemployment Hearing Decision

Massachusetts Department of
Workforce Development
West Central Regional Office
Hearings Department
88 Industry Avenue, Ste A
Springfield, MA, 01104-3296

Linda Levitre
536 N Poland Rd.
Conway, MA, 01341-9730
Docket: 522802
Mail Date: July 23, 2009
Appellant: Claimant
Local Office: 02-0

Claimant: Linda Levitre
538 N. Poland Rd.
Conway, MA, 01341-9730

Employer: Town of Ashfield
P.O. Box 560
Ashfield, MA, 01330-0000
EMP#: 78302810

Date of Determination: 06/19/09
Hearing Request Filed: 06/23/09
Hearing Date: 07/21/09
Location of Hearing: GREENFIELD

Original Determination: Overturned

Appearance: Claimant, Employer, no attorneys

You may Appeal this Decision to the Board of Review. The last day to file an appeal is 8/24/2009

DECISION

I. STATUTORY PROVISION(S) AND ISSUE(S) OF LAW:
MGL. Chapter 151A, &&25(e)(1) & (e)(2) – Whether there is substantial and credible evidence to show that the claimant left work voluntarily with good cause attributable to the employer or its agent, or involuntarily for urgent, compelling and necessitous reasons, or by discharge for deliberate misconduct in willful disregard of the employing unit’s interest, or for a knowing violation of a reasonable and uniformly enforced policy or rule, unless the violation was the result of the employee’s incompetence.

II. FINDINGS OF FACT:

1. The claimant worked as an Assessor’s Clerk for the employer from 5-11-08 to 3-20-09, at a rate of $12.75 per hour.
2. On 3-20-09, the claimant resigned her position because of an untenable work environment caused by another employee, specifically harassment and the suggestion of one of the assessors that she was not suited for the job and should look for other employment.
3. One of the assessors engaged in behavior that the claimant considered harassing, specifically leaving a chair in front of a door, putting a hundred paperclips on the floor and leaving them there, throwing away papers with information needed by the claimant to perform a task she had been assigned, refusing to use his own password that had been assigned to improve accountability, and criticizing her ability to do her job.
4. The claimant reported the behavior of the assessor to another assessor. His response was that was just his personality and she had to deal with it.
5. During her employment the claimant communicated with individuals in the assessor’s office in two nearby towns to get assistance in learning and performing her duties.
6. On 3-17-09 or 3-18-09, the assessor was in the office when the claimant was there. He spent over an hour “hollering” in her face, telling her that she was obviously incapable, telling her that some people were suited for types of work and some were not and that she should look at herself, and suggesting that she look around for other employment.
7. The claimant thought about what the assessor said to her and how he said it, and decided to take his advice. On 3-21-09 she submitted her resignation effective immediately. Her resignation email stated in part as follows: “It has been made very plain to me that this is neither the job nor the place for me to work.”
8. ON 5-6-09, the claimant filed a claim for benefits.

III. CONCLUSIONS & REASONING:

Both the claimant and the employer attended the hearing.
The claimant was not discharged from her job. Therefore, Section 25(e)(2) is not applicable to this matter.
In a Section 25(e)(1) case, the burden of proof is upon the claimant to establish that her leaving was voluntary with good cause attributable to the employing unit, or involuntary for urgent, compelling, and necessitous reasons.
Given the facts as stated above, the claimant met her burden of proof. This claimant resigned her position because of an untenable work environment caused by another employee, specifically harassment and the suggestion of one of the assessors that she was not suited for the job and should look for other employment. The claimant spoke to another assessor about the behavior. That assessor either could not or would not remedy the situation. Prior to leaving, the claimant took reasonable steps to resolve the problem. Thus, it is concluded that the claimant’s leaving was voluntary with good cause attributable to the employing unit.
There was no evidence that the claimant’s leaving was for urgent, compelling, and necessitous reasons.

In view of the facts, the claimant is not subject to disqualification and is entitled to benefits.

IV. DECISION:

The determination is reversed. The claimant is entitled to benefits beginning with the week ending 5-9-09 and subsequent weeks, if otherwise eligible.

HEARINGS DEPARTMENT
By: Hildie Osley/eml
REVIEW EXAMINER

COPIES TO:
Claimant
Employer
Local Office
File

Letter from Former Assessors' Clerk

April 2009

To Ashfield Board of Selectmen
Ashfield Board of Assessors
DLS – Marilyn Brown


Let me start by saying it was a pleasure working with Mark Graves and Rick Chandler of the Ashfield Board of Assessors. The town of Ashfield is fortunate to have such fine and dedicated people on the Assessors Board.

As most of you know, I took the job of Assessor’s Clerk ten months ago. The office was in a sad state of affairs. This was not from one Clerk’s resignation but over the last few years each and every clerk that came to the office only stayed a short time. One needs to ask the question why? Why is this a pattern for this office? From the beginning it was my goal to get the office back to running well so the assessing office could restore tax payers’ confidence once again.

After 30 years with the Federal Farm Service Agency, I did not feel this was an unreasonable task. I realized I did not have local town government experience but felt this was in direct line from my previous job. What I did not expect were the obstacles that would be thrown in my way which would make the job a lot harder than it needed to be. In fact those very obstacles are what made my decision to resign effective immediately.

The Division of Local Services (DLS) did a review of the Assessors office in June 2007. This review was done at the request of the Ashfield Board of Selectmen. If the taxpayers would take a look at this review they would see that the same problems still exist. This report is public information and I suggest you call the town hall and get a copy. It will give you an incite as to what the problems in the Assessor’s office are and why they continue. I would also suggest you get a copy of your property card and go through it well. You will know if you have four bedrooms, two baths or a finished basement that you are being taxed for. If you find something wrong have the Assessors do a walk through. The property card is what your tax bill is based on.

Very little if any of the changes suggested by DLS have been made. The only change I saw was the replacement of Mr. Thomas Cranston with his son Seth Cranston. I don’t think it takes too much to understand that Mr. Thomas Cranston still has a say through his son as to what goes on.

As far as Seth goes, the antagonism that he gave me was unwarranted and uncalled for. I would often find Seth in the office by himself very early or very late. When I confronted him as to why he was in before or after hours and what was he doing, his harassment started. Seth would also do things like take paperwork from my desk that the board asked me to make a phone call on and throw it away saying we’re not going to do that, it’s stupid. Seth would do thing like take 75 to 100 paperclips off applications and throw them on the floor. When I asked him if he intended to pick up his mess he said, no, smiled and left the office. I told him I was not his mother and was not picking up after him. The clips stayed on the floor for three days before his wife Maryellen Cranston (Town Administrator) came in and picked them up. This type of harassment was uncalled for and unneeded. I had more important things to deal with other than picking up his mess. I might also add that I have a disability that makes it hard for me to walk and the clips on the floor were a danger to me. Seth knew this but chose to ignore it.

Things got worse when I started to question him as to why he did not use his assigned password. He stated he didn’t like computers and had no intention of using his own password as he was fine with using the administrator’s general password. One of the previous problems addressed by DLS was the fact that no one knew who was making changes in the computer system. One of the first things I did was assign each assessor and myself our own private passwords so if changes were to be made then the person making the changes could be addressed. By using your own password your name was printed on the changed card. This was one of the very actions Tom Cranston was accused of when the DLS as notified of problems in the office.

As long as these problems are allowed to continue, the town will always to have a turnover of personnel in the Assessors office. I am not sure the taxpayers of Ashfield understand the importance of the Assessors office. Every building permit issued, motor vehicle abatements, Chapter land applications, Charitable forms, Farm Animal machinery tax, Deeds, Liens, property abatements and even what is put on your property card that generates your tax bill comes from the office. It is very important that everything is kept current. With the change of personnel things get behind. It is a new learning process for each and every new clerk and with the harassment on top of the learning curve the task becomes impossible to accomplishment.

I suggest the taxpayer’s of Ashfield take a close look at this problem and for the sake of the town find a solution quickly.

Linda LeVitre

Wednesday, December 2, 2009

Emma Svoboda's Letter of Resignation

December 1, 2009

Ashfield Select Board
Main Street
Ashfield, MA, 01330

Dear Ashfield Select Board:

Please accept this letter as my resignation from the Ashfield Board of Assessors, effective immediately. My decision is based on recently learning the contents of a former town employee's resignation letter, which is supported by the final judgement entered by a Massachusetts Administrative Court. These documents contain enough concern to investigate the alleged harassment by the current chairman of the Board of Assessors. To my knowledge, the Select Board has not done so. I feel that over six months is a reasonable amount of time to examine the alleged harassment, especially when another employee from the Assessor's office resigned in that period. A Select Board should investigate alleged harassment of all elected officials and paid employees, regardless of who they are or what type of harassment is alleged. I hope my resignation will prompt some action by the Select Board. If not, I have brought it to your attention, as I am obligated to do. Please feel free to contact me with any questions.

Respectfully submitted,

Emma Svoboda

Tonight's Select Board Meeting Agenda

Minutes
November 24, 2009
APPOINTMENTS:
LIAISON REPORTS
Police
Fire
Highway
OLD BUSINESS
Email Policy
Computer Security
Hearing Policy
MAIL
Notice of Hearing
Highland Happenings
NEW BUSINESS
Family Medical Leave Policy
STM review of motions
Meeting date on December 30?
Vote/Signatures
Liquor License Applications
FUTURE MEETINGS/APPOINTMENTS
December 9, 2009 @ 7 pm – Select Board meeting
(tax classification hearing/community strategy hearing)
December 16, 2009 @ 7 pm – Special Town Meeting/Select Board Meeting
December 23, 2009 @ 7 pm – Select Board Meeting
PUBLIC FORUM (if time)

This is a preliminary agenda and is subject to change

Monday, November 23, 2009

The Best Granola

5 cups organic oats
1 cup organic whole wheat flour
1/2 cup sesame seeds
1 cup sunflower seeds
1 cup pumpkin seeds
1 cup coconut
1 cup walnuts
1/2 to 1 cup almonds or nut of your choice
mix and then add:
1 cup maple syrup
1 cup canola oil

Place on 2 cookie sheets.

Bake at 250 degrees until brown,

Make sure to stir once or twice while baking.

Put over some Side Hill yogurt for a delicious breakfast.

Karen Sullivan

Agenda for Tuesday's 7 p.m. Select Board Meeting


1. Minutes
November 18, 2009 minutes
2. APPOINTMENTS:
7 pm – John Svoboda
3. LIAISON REPORTS
a. Police
b. Fire
c. Highway
d. Emergency Manager
4. OLD BUSINESS
a. Computer Security Policy?
b. Email Policy?
c. Hearing Policy?
5. MAIL
6. NEW BUSINESS
a. Special Town Meeting Warrant Articles
b. Vote/Signatures
c. FUTURE MEETINGS/APPOINTMENTS
November 24, 2009 @ 7 pm – Select Board meeting
December 2, 2009 @ 7 pm – Select Board meeting
December 9, 2009 @ 7 pm – Select Board meeting (tax classification hearing)
December 16, 2009 @ 7 pm – Special Town Meeting/Select Board Meeting
d. PUBLIC FORUM (if time)
* This is a preliminary agenda and is subject to change.

Thursday, November 19, 2009

Ashfield in Wonderland

"It is getting curiouser and curiouser."

It is becoming increasingly difficult to understand the so-called alliances and camps that were identified early on in the Police Chief controversy. On the one hand you had those declaring that Dave DeHerdt was a staunch defender of the Chief's at all costs and on the other hand you had those who feared that Ted Murray had his mind made up to fire the Chief no matter what the facts.

Yet Wednesday night's meeting seemed to turn that perception on its head. What we witnessed was Ted readying John for his return and Dave piling up the expectations. We saw Ted taking care to explain the expectations that the Board had of John regarding new protocols and policies while Dave insisted he conduct exhaustive inventories of police department equipment and weapons.

We out here in Wonderland may indeed be confused and our world feel topsy-turvy, or maybe we've lived in another type of Wonderland for so long that this is what it looks like to be in the real world.

Amelia Maloney

Wednesday, November 18, 2009

Tonight's Selectboard Meeting

I was unable to attend tonight's selectboard meeting, so I would appreciate hearing reports and impressions from those who were there. I have heard that we still do not have a police chief.

Ruth Julian

Tuesday, November 17, 2009

Chair Caning Classes

Some people have asked me about chair caning classes. If anyone is interested, please call me at 628-4685. I'll try to schedule classes for January and February.

Karen Sullivan

Monday, November 16, 2009

This Week in Town Hall

Board of Health: Tuesday 11/17 at 7:00pm

Website Committee: Tuesday 11/17 at 6:30pm

Board of Assessors: Tuesday 11/17 at 7:00pm

Selectboard: Wednesday 11/18 at 7:00pm

Planning Board: Wednesday 11/18 7:30pm

Town Hall is open Monday 9am-6pm and Tuesday 9am-8pm

October Animal Control Report

10/06/09
8:15AM Received a call from resident
reporting cattle were out on Rt. 112 near Sanderson.
8:17AM Called several people who have cattle in that area,
left messages.
8:23AM Went to area and found the owners herding them
back in.
10:45AM Spoke to Town Clerk. She reports that
David King is the new Field Driver for large animals with Roland
Townsley assisting.
11:15AM Spoke with David about the position, as I may need
to call on him for help with loose large animals.

10/08/09
8:00AM A Buckland resident reported that she just obtained a dog from a
shelter a few days ago and it got away last night. The dog is a
black and white Australian Shepherd and had been spayed 5
days ago. It weighs about 30 pounds and has choke collar with
an 8-foot plastic leash attached. I gave her some other
people to call and I will call Goshen/Plainfield ACO for her.
4:30PM Received email pictures of lost dog.

10/09/09
9:00AM Notified Plainfield/ Goshen ACO about lost dog.

10/11/09
2:52PM On voice mail, Sgt. Nunez called. A dog has been locked
in the police station and she would like a call.
3:10PM Saw Officer Curtis and he reported the problem with the
dog. Told him I will take care of it.
3:15PM Went to police station, took dog to its owner, all set.

10/14/09
5:30PM A Rt. 112 resident called. He is missing his
greyhound. While speaking with him, his dog returned,
all set.
6:50PM Spoke with Buckland resident whose dog was lost. She has found
her dog, all set.

10/17/09
5:00PM A Rt. 116 resident called. He has a female
chocolate Lab at his house with tag # 228 for 2007. Checked
the list to find owner of dog.
5:05PM Called dog owner, left message about where his dog is.
5:15PM Went to owner's house, no one home.
5:30PM Owner called, he will get his dog and put on the 2009
tag.

10/20/09
2:15PM Saw Sgt. Nunez and she gave me an up-to-date large
animal owners list and their phone numbers. She also gave the
list to the Field Drivers in town.
5:50PM Sgt. Nunez called, she reports a Main Street resident called.
He has a dead skunk on his front lawn and wants to know what to do with it. I will call him.
5:52PM Spoke with Main Street resident. He will dispose of the dead
skunk himself.

10/22/09
4:15PM Meadow Lane resident called. She
is missing her large gray cat. It has been missing since
6:00AM today.

10/23/09
1:25PM Sgt. Nunez called. She has a report from a West Road resident
that a Husky dog is running in the middle of the
road heading towards the dirt part of West Rd. I will check the
dog list and meet up with the Sgt.on West Rd. List reveals possible
owner. Called him and left message.
1:35PM Went to West Rd. area, met Sgt. Nunez. She will check
the area for loose dog and I will go to possible owner's home.
1:50PM Arrived at the house. No one home but found a large
hole dug under the front gate of the dog fence. I left them a
note to call me.
2:00PM Saw Sgt. Nunez, let her know what I found and that I
believed I had located the owners of the loose dog.
2:30PM Notified original caller about who the owner is, left message.
4:05PM Message from owner about the dog.
4:45PM Spoke with owners about their dog. Explained that we have
a leash law and their dog just can't run loose
because the fence won't keep it in. They will do their best to
keep the dog at home.

10/24/09
4:38PM A Buckland Rd. resident called. She
reports a gray cat hanging around the neighborhood. Told her
we have a report of a missing gray cat. I will check with the
owners and call her back.
7:00PM Tried again to call owner of lost gray cat. Left
message.

10/25/09
8:30AM Spoke with owner of lost cat. Cat seen on Buckland
Road is not their cat.
11:00AM Tried to call resident who reported cat on Buckland Road.
Left message.
6:32PM On voice mail, dispatch called about an escaped
horse belonging to a West Rd.resident.
An officer is going over to check the area.
7:10PM Called dispatch back--horse problem has been taken
care of.

10/26/09
9:26AM Left message with the police department, thanking
them for taking care of the loose horse.
11:00AM Buckland Road resident called back. I told her the cat in
question is not the missing one. She will call me back if the cat becomes a
problem in the area.
2:30PM Call from another Buckland Rd. resident
reporting an injured gray cat, which may have been hit by
a vehicle. Told her I will be over to get the cat.
2:45PM Arrived on scene, cat has injury to rear legs, some
bleeding. Put cat in cage and will get it medical treatment.
This is probably the same cat that has been around the area
and seemingly has no owner.
3:00PM Made several calls on the cat, no luck about an
owner.
3:15PM Made several calls to vets in the area, no luck. I will
take it to Hadley for emergency first aid.
4:10PM Arrived at Hadley Vets. Cat has a dislocated knee, but
otherwise in good health. The knee will most likely heal by itself.
The bill was $58.00. Returned to my kennel with the cat.
6:00PM Called Buckland Road resident about the vet visit outcome,
left message.
6:08PM Made several more calls on the cat, no luck.

10/28/09
11:00AM Notified Buckland Road residents about the cat.
I will call them back about the health of
the cat in 10 days.

10/29/09
11:12AM On voice mail, a Phillips Rd. resident reports a skunk
is hanging around the area, acting strange, possibly sick or injured.
He wanted to know the laws on destroying a sick skunk, if it returns.
Gave him some ideas. He will keep me posted.
4:20PM Received a call that the problem skunk is back in the
yard. Told resident to keep an eye on it and I will be down as
quickly as possible.
4:21 PM Notified Sgt. Nunez I will be on Phillips Rd. possibly
destroying a sick skunk, in case she gets a call.
4:40PM Arrived on scene, checked the skunk, very sick.
Destroyed it and took to transfer station.
5:10PM Discovered lock on transfer station is broken.
5:30PM Let Tom Poissant know about the broken lock.

10/30/09
6:55PM On voice mail, a Bear Swamp Rd. resident requests
the phone number of the Hawley dog officer.
8:30PM Called back to give the number requested.

Monies Collected: 0
Expenses: $96.40
Phone Calls: In 51 Out 82
Miles: 96
Labor: 47

Warren Kirkpatrick

Saturday, November 14, 2009

Town Common Cooks

Ashfield Dutch Baby

Dutch babies are a cross between a popover and pancake that is simple to mix and bake. My daughter adores them and considers it a special morning if a dutch baby is put on the breakfast table. This particular recipe comes from well-known traveler Rick Bayless who discovered what he considers the best version in Holland. The dutch baby bakes in a skillet in the oven, getting golden brown and rising up into a dramatic, puffy, bowl-shaped concoction that is perfect to pile high with seasonal fruit, sprinkle with confectioners' sugar, and douse with Ashfield maple syrup, whipped cream or yogurt. Your imagination is truly the limit.

Serves 4

5 tablespoons butter
3/4 cup all-purpose flour
3/4 cup milk
3 large eggs
1/2 teaspoon salt
3 cups diced fruit or berries, could be blueberries, apples, peaches, mango, bananas
Confectioners' sugar, maple syrup, agave syrup, whipped cream, or yogurt

Place rack in upper third of oven and preheat to 450 degrees.

Put butter in a 12-inch skillet, I prefer a cast iron one, with an ovenproof handle.
Set skillet in oven for 5 minutes to melt butter completely-it's OK if it begins to brown.

Put flour in large bowl.
Add the milk, eggs, and salt to flour.
Beat until smooth with whisk, large spoon, or hand-held electric mixer.

Pour the batter into the hot pan and return to oven.
Bake for 15 to 20 minutes, or until the sides are puffed up and dark golden brown.
Remove from oven, loosen the dutch baby from the skillet and slide onto a serving plate.
Pile fruit in center and sprinkle with confectioners' sugar.
Cut into wedges and pass warm syrup to pour on top.

Amelia Maloney

Thursday, November 12, 2009

Ashfield Then and Now

Meandering up Rt.116 from South Deerfield in the winter of 1982, I arrived in Ashfield. At once I knew I wanted to make this place home. I can remember Dave Culver haying the field that now belongs to Tamsen Merrill with his draft horses. Raw milk was available at Bill Eddie’s dairy farm, fresh squeezed, unpasteurized, apple cider at Janice “the apple lady” Scott’s. Spring brought fried dough, maple syrup, and crowds to Gray’s Sugar House. Outside there was sliding down the hill on Willie’s homemade “jumpers” and crafts in the barn. Summers were spent at the Ashfield Lake, climbing Pony Cliff, sliding down the rocks at Chapel Falls, and hiking around Bear Swamp. These are only a few of the beautiful spots in town. Fall was time to go back to the Old Sanderson Academy with Miss O., Poppy Doyle, Mrs Hall, Jackie Clark and many others who hold a special place in my heart. Before Christmas my daughter Sarah and I would ride our horses down West Road to Betty Scott’s to cut our Christmas tree and drag it home tied to our saddles.

Speaking of riding our horses, I was riding down West Road one day and Dillon Frazer saddled up one of his cows and rode along. Where else would such a wonderful thing happen? My horse was a bit perplexed!

As concerned citizens we protested the radar towers at the Hawley potato fields and prevented harsh chemical sprays along the roadsides by WMECO. Which by the way they are talking about again, so a letter to the Selectboard in opposition to the spraying would be helpful.

Today Ashfield still holds much of the same charm. Pieropan’s is still open to cut your own Christmas trees, Ashfield Fall Festival provides a fix of Gray’s maple cream on fried dough, Ashfield Hardware has 50 cent ice cream cones, plenty of nifty things, and a talking pumpkin to boot. Country Pie provides a cup of soup and a slice of pizza free every Tuesday through the “Share the Warmth” project to which you can donate, and you can still get raw milk at Side Hill Farm. There is organic beef at the Steady Lane Farm that is simply delicious and the cows have a wonderful life. Vegetable stands still have cans so that you can self-serve and we have a great Farmers’ Market. Neighbors meet at the two town country stores and share time and space. During emergencies like our ice storm last year, the townspeople always come through and help one another. We have a lively town meeting in which we can agree to disagree, and I encourage all to attend the Wednesday Selectboard meeting so that you can find out what is happening in your town. The Ashfield Lake is still a wonderful place and the Lakehouse provides a place for swimmers, boaters, guests and snowmobilers. The Belding Park space is growing and the History Project is working to provide another history book.

Inevitably things change, some small, some big. There is life and death, triumph and tragedy. But we, as any other town or city, have laws, policy, an awareness of political correctness, (personally, I think, gone a bit over the edge). We should be able to talk freely if our intentions are honorable. We have a responsibility to respect those who have religious practices, sexual preferences, or ideas that are different from our own. We need to honor and celebrate diversity as it adds to the beauty of our town of Ashfield.

This will forever be my home.

Karen Sullivan

Sunday, November 8, 2009

Words of Wisdom

Everybody's roll of toilet paper runs out sooner or later.

Karen Sullivan

Saturday, November 7, 2009

Some Thoughts on Not Being a Native

The differences between natives and newcomers are real and significant. People who have lived in a small, rural town all their lives develop a sense of community that isn’t available to someone who grew up in a larger, more anonymous place. Though it goes against the common wisdom, I also think the natives are more cosmopolitan, in the sense of coming to know and appreciate a wider range of human types. In a big city, you can choose your friends from among the 200 or so people who share your feelings about everything. In a small town, you have to get to know the neighbors you’ve got. It’s perfectly reasonable to ask if someone who hasn’t had a small-town experience can truly represent those who have.

Even among small towns, I believe Ashfield is unique. I can’t begin to list the people – statesmen, educators, writers, engineers, politicians – from Ashfield who have had an impact on the wider world. By contrast, the town where I grew up in Pennsylvania (population of about 5000) was best known for once having been the home of Jim Backus, who played Thurston Howell III on “Gilligan’s Island.” The assumption that anyone competent and well meaning, even if they’ve newly arrived, is capable of running this town fails to recognize its uniqueness.

Finally, I suspect the “Vote Native” sentiment is an unfortunate if understandable reaction to something I’ve often seen among my fellow newcomers – a tendency to treat the natives with benign condescension. This, I believe, shows a blindness to who the natives really are. Those I have come to know have been intelligent, sensible, generous, and affable. Those who cannot see this are missing something and should open their eyes.

To sum it up, I wasn’t born in Ashfield, but I rather wish I had been. I think I’d be a better person for it. That realization gives me a healthy humility that keeps me from trying to tell the natives how to run this town. Ted Murray seems to be a reasonable, open-minded man. I hope, especially in light of the close vote, that he will come to share this humility.

David King