Let's Fight Unemployment

It's hard to go a whole day without hearing how dismal the unemployment statistics are. Is that the case in Ashfield? I don't know. But I do propose that The Ashfield Town Common should do all that it can to help us help each other to stay employed.

So if you work for a company or run a business that has a job available, please post it here. If you need someone to clean your house, or paint your house, or do anything at all, please post it here. If you are job-hunting and want to network with other Ashfielders, please post it here.

Let's all work together to help get through this recession with the least damage to everyone in Ashfield.

Ruth Julian

Ice Fishing Derby February 13

The Ashfield Rod & Gun Club will be hosting it's annual kids ice fishing derby on Saturday, February 13th from 8am-12p. Derby headquarters will be in the Ashfield Lake House and all participants should register there. A prize will be awarded for any legal fish caught, with top prizes given out for the longest fish caught by a boy and girl. Remember, there is a 15" minimum length regulation for Chain Pickrel, and a 12" minimum length on Bass.

There will be a spaghetti lunch at Sanderson Academy immediately following the derby where the top prizes will be awarded. The lunch is free for kids, $5 for adults and includes a presentation on Native American culture by club member Chief Leroy Truehart.

The derby is open to all school aged children. For more info contact Russ Williams 625-8196 or Ken Magdycz 634-5585.

Police Officer Resigns

A reliable source who chooses to remain anonymous has confirmed that part-time police officer Michael Curtis has resigned from his position on the Ashfield Police Department. Apparently his letter of resignation has been received by select board chair and police liaison Ted Murray.

Ruth Julian

From the Ballade of Good Counsel

Flee from the crowd to dwell with truthfulness;
Be satisfied with what you have, although it may be small:
To hoard brings hate, to climb brings dizziness;
The crowd has envy, and success blinds all;
Be happy with what to your lot may fall;
Work well yourself to counsel others clear;
And Truth shall make you free, there is no fear!

Geoffrey Chaucer

Tonight's SB Agenda

ASHFIELD SELECT BOARD MEETING AGENDA*
January 27, 2010 8pm
1. Minutes
January 13, 2010 —open session
January 13, 2010 — executive session
January 20. 2010 — open session
January 20, 2010 — executive session
2. APPOINTMENTS:
7 pm — Web Site Review (Web Site Committee)
3. LIAISON REPORTS
a. Police
b. Fire
c. Highway
d. Emergency Manager (Emergency Action Plan)
4. OLD BUSINESS
a. Letter response to DA's office
b. Police department:
- FRCOG study of shared services - Consulting services
- Search for interim chief
c. Technology Support Services
d. CPA memo from Planning Board
e. Future voting location options
f. WWTP contracts
5. MAIL
a. Franklin Regional Retirement System
b. Franklin Regional Transit Authority
6. NEW BUSINESS
a. Warrant for Special Town Meeting on February 24
b. Use of sealed bids for selling tax title properties
7. Vote/Signatures
a. Hearing policy
8. FUTURE MEETINGS/APPOINTMENTS
January 28 @ 7:30 pin — Select Board & Finance Committee Meeting
February 3 @ 7 pm — Select Board Meeting February 10 @ 7 pm — Select Board Meeting February 13/14 — sign warrants
February 17 @ 7 pm — Select Board Meeting
February 24 @ 7 pm — Special Town Meeting followed by Select Board Meeting
9. PUBLIC FORUM if timel
10. EXECUTIVE SESSION (if necessary)
* This is a preliminary agenda and is subject to change

This Week's Meetings

Tue Jan 26 7:00pm Assessors (BOA)
Tue Jan 26 9:00am Park Commission at Elmer's

Wed Jan 27 6:00pm Select Board exec session
Wed Jan 27 8:00pm Select Board open meeting
Wed Jan 27 7:30pm Conservation Commission

Thu Jan 28 7:30pm Finance Committee/Select Board
Thu Jan 28 7:30pm Historical Commission

A Voice for Freedom

Ashfield Town Common, a voice for everyone. I have been thinking people need to reawaken their spirit, come alive and believe in their freedom, that it belongs to each individual. It does not belong to others or one single person’s treasure trove of possible favors to devour. We cannot slumber while living in Ashfield therefore, let me remind myself…

I see the situation in Ashfield as being like a domestic abuser and terrorized family when the "Great Santini" type personality dominates, abuses, hands out favors, glorifies in his power and domination, and the family/town no longer even knows what's normal any more...that living in fear becomes the norm, that no one speaks out because they worry about their or each other's safety. And all the while the abuser says how important he is, how all-knowing, how it's all your fault.

Sherry Jourdan

Donations for Computer Forensics

Last night at the Select Board meeting it was mentioned that forensic investigation of computers is expensive. Since this discussion has been around for a long time, I asked just how much this would cost. When I was told$1500.00, I made a donation to Ashfield for the entire amount, to hire a forensic investigator for the sole purpose of finding the e-mails that were found to be missing early last summer. If I had been told, when we first started asking for this months ago, that it was this easy, I would have done it then.

Because I felt some urgency in this matter, I went ahead and did this without taking up a collection first. If there is anyone interested in helping me to defray any of the cost, please just send a check along with "missing e-mails" in the memo space.

Thank you.

Ricki Carroll
P.O.Box 85
Ashfield, MA 01330

Select Board to Start Search for Interim Police Chief

The Select Board agreed tonight to begin their search for an interim police chief. Citing conversations he has had with citizens since last week's open hearing, board chair Ted Murray said that he now felt that the town should work to bring in an interim chief as quickly as possible.

At last week’s meeting on the D.A.’s findings on open meeting law violations, Wayne Sampson of the Massachusetts Chiefs of Police Association said that the town could put an interim chief in place in a matter of weeks. The board agreed to contact Sampson for names and resumes of potential candidates for the job.

In other business, Ted Murray and Dave DeHerdt voted, with Tom Ulrich opposed, to change the current two-day notice time for executive hearings to ten days, except when critical circumstances make a shorter time more prudent.

David King and Ruth Julian

Tonight!

TOWN OF ASHFIELD SELECT BOARD
MEETING AGENDA*
January 20, 2010 8 pm
1. Minutes
January 13, 2010—open session
January 13, 2010 — executive session
2. APPOINTMENTS:
3. LIAISON REPORTS
a. Police
b. Fire
c. Highway
d. Emergency Manager (Emergency Action Plan)
e. Town Hall
4. OLD BUSINESS
a. Hearing policy
b. Police department leadership
5. MAIL
a. Broadband meeting on 2/6/10
b. Community Preservation Act initiative per Planning Board
c. Hilltown Resource Center
6. NEW BUSINESS
a. Timing of Special Town Meeting: 2/17 or 2/24?
b. Future location of elections: Town Hall or Sanderson Academy?
c. Fuel oil contract for Ashfield WWTP
Vote/Signatures
a. Application for use of Town Hall
8. FUTURE MEETINGS/APPOINTMENTS
January 21 @ 7:30 pm — Select Board & Finance Committee Meeting January 27 @ 6 pm — Select Board Executive Hearing
January 27 @ 8 pm — Select Board Meeting
January 28 @ 7:30 pm — Select Board & Finance Committee Meeting January 30/31 — sign warrants
9. PUBLIC FORUM (if time)
10. EXECUTIVE HEARING (if needed)
* This is a preliminary agenda and is subject to change.

Ashfield Is True Blue

According to the (truly amazing) interactive map at www.nytimes.com, Martha Coakley earned 75% of Ashfield's votes--that's 670. Her victorious opponent Scott Brown got only 212, or 23.7%. Libertarian Joe Kennedy took 11 votes, for 1.2%.

Coakley won a higher percentage here than in any of the other west county towns, though all stayed blue except for Hawley (a 63 to 63 split).

Ruth Julian

Town Hall Meetings This Week

The furnace in town hall is fixed, so posted meetings will proceed as scheduled.

Tuesday: Sewer Commission at 6 p.m. Board of Health at 7 p.m.

Wednesday: Planning Board at 7:30 p.m. Select Board at 8 p.m. (Please note that the board is meeting late due to an Executive Hearing scheduled at 6 p.m.)

Thursday: Combined meeting of the Select Board and the Finance Committee at 7:30 p.m.

Keep Massachusetts Blue on Tuesday

Okay, Martha Coakley is not my favorite person. She’s awkward and lacks charisma. And her opponent is every bit as much of a hunk as he was when he posed for that famous Cosmo centerfold…just a bit greyer about the temples. But these are not reasons to throw away the vital 60th seat in the U.S. Senate.

I’ve been looking around on the internet to find out why this contest has turned into a dead heat. On the issue of health care reform, some people are saying they don’t care, since, in our state, we get to have health insurance even if we are already sick or get sick. Do these people have no friends or family who live or may someday live in another state?

Many more don’t like unemployment and other financial woes and seem to have forgotten that you can’t cure the worst economic disaster since the Great Depression in a single year. They are ignoring the fact that Scott Brown will block the reforms planned to impose financial discipline on Wall Street and stop the next recession. Martha Coakley will vote with her party.

For myself, the most important issue is climate change legislation. Coakley is for it; her opponent is against it. I simply want the grandchildren and great-grandchildren of Ashfield to be able to enjoy the natural beauty of our town as much as I have. An ecological disaster is the worst legacy we could leave.

Lately we’ve had our noses to the grindstone, quite rightly working hard to fix our many local problems. But let’s take one day to lift our heads and look around, see how our nation is counting on us, and take a trip to the polls to vote for Martha. We can distinguish Ashfield as a place where voters care and help keep Washington on the move and out of gridlock.

Don’t forget that we’re voting at Sanderson Academy. The polls will be open from 7 a.m. until 8 p.m. So please go vote for Martha Coakley. Please, please, please.

Am I begging? You bet’cha.

Ruth Julian

Wisdom for Our Times

"On the plains of hesitation lie the blackened bones of countless millions who, at the dawn of victory, sat down to rest...and resting died."

Author unknown

An Open Letter to the Select Board

Dear Select Board Members,

Upon reviewing the Open Meeting Law Guidelines, I see on page 19 under Disabled Access: “All open meetings of governmental bodies must be accessible to persons with disabilities.” Meeting locations must be accessible by a wheelchair, without the need for special assistance. If the town hall does not have such space, another location which meets accessibility requirements must be found.

In this case I am sure that all remedies will be looked at so that we can bring our town hall up to the standards needed and we can bring our voting back to the town hall also. This will remedy any concerns about voting at the school and putting our children at risk.

Thank you for your attention to this matter,

Karen Sullivan

An Open Letter to Our Police Consultant

Dear Attorney Sampson:


I e-mailed you a few months ago, asking about standards for part-time chiefs. Thank you for your invitation to phone you and discuss my concerns. But I’m writing now to thank you for your help at Wednesday night’s hearing. You were impressive and an outstanding articulator, which has been missing in this town for a very long time.

Our police force believes they are in charge of our town. As one officer put it, "We own this town."

Mr. Kendall Chow, a much-decorated officer who was asked to step in, is now being hunted by this group,
since they hope to counter his report on the police department.

The select board just muddles on, which heightens the fear of the citizens. At times there seems only one select board member, Dave DeHerdt, who constantly strives to find the bare truth and work from there.

One has to wonder, if the police department does not respect the select board members, then how are we safe from the officers? If the select board cannot control the police department, then what chance do citizens have to protect themselves or their basic right to move about freely without being subjected to being stopped by our police?

You may be saying that the select board members are moving towards a solution. But we are determined not to settle for any return to the past. An old shoe is comfortable, but we are requiring the select board members to look for new solutions.

The police have been right on the verge of civil rights violations, and some of them have crossed it (in my opinion). Citizens of this town are frightened and scared to even stand up for their own individual rights. But they must, or at some point they will need permission from this dysfunctional department to step outside of their own homes. We are the hunted and preyed upon.

Would you stop a vehicle while it is snowing, with the reason for the stop that the license plate is obscured by snow?

Would you stop a vehicle going down Ashfield Mountain (famous for its black ice, with a bridge below that quickly freezes) for going too slow, when a normal speed will cause a slide into the bridgework?

Will these people and others come forward with complaints? There’s no chance they will, since this type of policing causes fear of retribution.

You and I know these frail violations for vehicle stops are only to see what else can be written up. Driver’s license on the person? Suspensions? And the like....just to make an arrest and increase one's stats. That is how they see policing, not to build trust and protect the safety of the public. The public becomes the prey.

You cannot enjoy the day or night at all without wondering if you will be stopped, or what kind of demigod(dess) nonsense you will have to take from the officer, or whether you’ll be arrested.

Late reports, even accident reports filed late, smoking and drinking, inaccurate logs, the cruiser being driven for personal use, and aggression are all part of an escalating pattern that just goes on and on. The select board just wants it off their table and given to someone else.

We do not want just someone that nobody else wanted to hire or someone who needs a job because he has been fired. Ashfield has hired like that four or five times already, and what did we get for it. We got to be right where we are now, the hunted and the preyed upon.

The good officers who came onto this police force stopped, looked, listened, and got onto another police force as soon as they were able, and as far away as possible. The rest may be new, but not new to what is continuing to go on here. If they do not know a good police force from a dysfunctional police force, I doubt they know what is right from what is wrong or how to keep their behavior in check. I would not hire any of them to secure my hen house!

SMCorbett

Quick Update on Tonight's Town Hall Action

Citing the need to avoid liability issues for the town, Select Board members voted earlier this evening to ratify all the appointments made at the July 2, 2009 emergency meeting. The D.A.'s office had found the meeting in violation of the Open Meeting Law and specified ratification of the appointments as the remedy for the violation.

The decision followed a public hearing that centered on discussion of the police department, since all of the department members were appointed at last summer's illegal meeting. A. Wayne Sampson, executive director of the Massachusetts Chiefs of Police Association and present as an invited guest of the Select Board, said that what he heard at the hearing disturbed him, since it showed that the town does not trust the police department. He recommended appointing an interim chief from outside the town to restore trust in the department. He also recommended against using the State Police, since they are undermanned and would answer to the State Police, not Ashfield.

Though the ratified appointments last through June of this year, Select Board member Dave DeHerdt said that the law provides for town employees to be dismissed for just cause.

Ruth Julian and David King

Questions on D.A. Exhibits

January 13, 2010
Select Board Chair Ted Murray
Select Board Members: Tom Ulrich & Dave DeHerdt
Town Of Ashfield
MA 01330

RE: Public Hearing Citizen Comments and Concerns

After reading all of the violating emails, I found references to Buz Eisenburg.
I shall have to inquire as to his positions--those he has and those he has taken on.

1. Why is the town moderator involved in any communications between the Select Board and town counsel?

2. Is his role throughout this crisis more than town moderator?

3. Was he acting as legal counsel for the Select Board or a specific member of the select board? If so, then how can he be objective and carry out his duty as town moderator without bias?

4. Will the Select Board examine this apparent conflict and how will it be prevented in the future? Perhaps full disclosure?
May I ask when I can expect a reply?

Sincerely,
Suzanne M. Corbett

Hearing Guidelines and SB Agenda

TOWN OF ASHFIELD SELECT BOARD
MEETING AGENDA
(preliminary and subject to change)
January 13, 2010 7 pm

1. PUBLIC HEARING

PURPOSE

The purpose of this hearing is to ask questions and/or provide feedback to members of the Select Board regarding the letter received from the District Attorney’s office dated December 29, 2009. It was found that the Ashfield Select Board violated the Open Meeting Law by engaging in certain email discussions of substantive matters and that the Select Board improperly convened emergency meetings during July 2009. The findings of the DA’s office and recommended remedies are explained in this letter. (Copies of this letter and the relevant emails are available at Town Hall.)

HEARING GUIDELINES

Former Select Board member Susan Todd has agreed to serve as Moderator of the hearing so that the present Select Board members may fully devote themselves to hearing and considering observations and comments from the public. Time will be limited for this hearing, so it is important to offer comments that are clear and well organized. To that end, these guidelines are to be followed:

1. People wishing to speak should sign in by name so the Moderator can call upon them.

2. As is customary, each speaker should stand and identify him/herself by name and address. (Please keep all questions or comments clear and to the point.)

3. The first person to speak for or against a particular position will have 2 minutes to make their comment. The next person to speak on the other side of the same issue will also be granted 2 minutes to speak to that issue.

4. Thereafter, all are asked to keep their questions or comments remarks brief (1 minute) and to the point. Repetition of points already made should be kept to a minimum. (We wish to hear from as many people with different viewpoints as possible.)

5. Questions can be asked as the hearing proceeds. The questions should be aimed at drawing out all the facts and clearing up points of confusion, and should not be argumentative.

6. The Moderator will try to ensure that everyone has a chance to speak before returning to an earlier speaker.

7. Toward the end of the allotted time, a summary statement for/against each major issue will be sought. It should be kept to 3 minutes in length.

2. Minutes
January 6, 2010, Open Meeting
January 6, 2010, Executive Session

3. APPOINTMENTS:
a. Appointment of Nancy Garvin to Historic Commission
b. Discussion with Wayne Sampson, Executive Director, The Massachusetts Police Chiefs Association

4. LIAISON REPORTS

a. Police
b. Fire
c. Highway
d. Emergency Manager (Emergency Action Plan for Dam & Signatures)
e. Town Hall

5. OLD BUSINESS
a. Hearing Policy
b. Confiscated Weapons Inventory
c. Police Department Firearms Inventory
d. Tax relief

6. MAIL
a. Franklin Regional Transportation Plan Update
b. Senior Center discussions
c. Franklin County Cooperative Inspection Program Annual Budget Meeting

7. NEW BUSINESS

8. Vote/Signatures
a. Motion to ratify the Select Board’s July 2, 2009 unanimous vote “to appoint the following slate of people except for Chief John Svoboda and Bill Perlman as Emergency Manager and Field Driver.” [The slate is titled “2010 Appointments” and is part of Exhibit C to the December 29, 2009 letter from District Attorney’s Office.] These appointments are to be nunc pro tunc (effective retroactively to the time of the emergency action).

b. Motion to ratify the Select Board’s July 2, 2009 vote “to appoint Bill Perlman as Emergency Manager and Field Driver.” These appointments are to be nunc pro tunc (effective retroactively to the time of the emergency action).

9. FUTURE MEETINGS/APPOINTMENTS
January 14 @ 7:30 pm – Select Board & Finance Committee Meeting
January 15 @ 3 pm – Select Board Executive Hearing
January 16/17 – sign warrants
January 20 @ 6 pm – Select Board Executive Hearing
January 20 @ 8 pm – Select Board Meeting
January 21 @ 7:30 pm – Select Board & Finance Committee Meeting
January 27 @ 7 pm – Select Board Meeting
January 28 @ 7:30 pm – Select Board & Finance Committee Meeting

10. EXECUTIVE SESSION (If needed)

This Week in Town Hall

Tuesday:
Agricultural Commission, 7 p.m.
Board of Assessors, 7 p.m.

Wednesday:
Public hearing on D.A. findings, 7 p.m., followed by Select Board meeting

Thursday:
Joint meeting of the Select Board and the Finance Committee, 7:30 p.m.

Exhibits from D.A.'s Findings

Editors’s note: These exhibits have been transcribed from a PDF file, since image files do not download well on dial-up. Where possible, the formatting has been preserved.. Karats rather than bars have been used to indicate the order of a sequence of e-mails. E-mail addresses have been modified to protect them from spambots online. In some cases, the copies the D.A. received were crooked, with words missing. These are shown by brackets with ellipses or the transcriber’s guess.

The D.A.’s letter that accompanied these exhibits can be found below. It was posted on 12/31/09.

Exhibit A
tomul[at]verizon.net

From:
To: “’Dave Deherdt’”
Cc:
Sent: Monday, June 8, 2009 3:29 PM
Subject: Re: John

Dave,
Along these lines, did you say to John that he should talk to each of his officers individually, alone? This is what both Sgt Nunez and Ptrlman Curtis allege that John told them. I believe he is using this as a divisive device. I thought we had agreed that John should talk to the entire department together regarding who should do what, etc, and not individually. I would like to have this clear.

------Original Message ----
> From: Bill Perlman
> To: ‘Dave Deherdt’
> Cc: tomul[at]verizon.net
> Sent: Monday, June 08, 2009 2:48 PM
> Subject: John
>
>Dave,
>
> It is going to be very important that everything you say to John in terms of what you are allowing him to do, like take home department equipment, or interview officers, and everything you expect like training to be put in writing. Whatever happens next will depend on an accurate paper trail. It also helps to let Tom and I know what he can and can’t do, so when questioned, we know the answer.
>
> Thanks
>Bill Perlman
>PO Box 259
>Ashfield, MA, 01330
>413 628-0100
>panther[at]sliverpanther.com


Exhibit B
R. Dave DeHerdt, Esquire

From :
To: ,
Date: Tue, Jun-23-2009 10:36 AM
Subject: Re: recusal

Bill:
I certainly accept whatever way you want to go. However, I do think that if you recuse yourself, many people will say, “aha! He was in cahoots with Kristina. He can’t bring himself to support her in public,” or some such nonsense. As to an appeal, like Donna said, he wouldn’t have a leg to stand on, even if there was collusion. But I pretty much expect his lawyer to tell him to resign, last night’s bullshit notwithstanding. That’s the only way he has any chance at all of getting another cop job.

Tom

>----Original Message----
>From: Bill Perlman
>To: deherdtatty[at]yahoo.com; ‘Tom Ulrich’
>Sent: Tuesday, June 23, 2009 3:00 AM
>Subject: recusal
>
>It’s approaching 2 AM and I am just beginning to calm down. I am leaning toward recusing myself from this action, not because I am bending to the will of the ignorant and malicious, but because I think that anything that I can do to lessen the prospect of a successful appeal of John’s termination will be helpful.
>
>The disgusting display of meanness and stupidity that we witnessed tonight was entirely choreographed by John. He has done nothing since this started but tried to recruit allies to his cause. Tonight was the first time that I felt that I could no longer remain unbiased in my deliberations. I believe that John has transformed himself from an annoyance, to a dangerous person, and a real liability to the town.
>
>If anyone ever wondered how people were dragged from jail and lynched in the old west, you need look no further than tonight’s meeting. The pathetic gullibility of an ignorant crowd was displayed in spades tonight. This has to stop, quickly and definitively.
>
>I apologize if I am leaving the hard part up to the two of you, but I think that the town will be best served if I do not add any appearance of conflict or impropriety. There is no question, that if things go as I think they will, there will be political backlash. I can’t worry about that, it comes with the territory and to allow ourselves to be swayed by that possibility illustrates one of the problems with a democracy. In order to do a good job, you sometimes have to risk defeat in the service of the citizenry, whether they deserve it or not. There are always times when we are in possession of information that the public is not, and it is at those times that we have to exercise our judgment and act in ways that are in the best interest of the town, regardless of the consequences to our own political careers.
>
>I have been at this for a long time, and frankly I am tired. I do intend to run again next year, but if this brings me down so be it. I will be able to sleep.
>
>I am not concerned with any impression that Kristina might have overstated her position with respect to John. I am mostly surprised that she has lasted this long without putting bullet in his head, an act that would be found justified in any court. Coming forward is a very difficult thing to do. We are raised and taught not to be a squealer or a tattletale. This society does not encourage or reward whistle blowers and it, therefore, becomes an act of extreme courage. When Faye Whitney came to me with the problems in the assessor’s office it was hard for us to make the issue public. Neither of our lives has been the same since, but I do believe that it was necessary and ultimately saved the town from some serious consequences. Kristina and Maryellen have done a brave thing and it took time for them to come to the realization, that if they didn’t act, life would be impossible in and around town hall. Would it have been better for them to have spoken up earlier and given all the details at once? Yes, but people come to things in different ways and at different times. The bottom line is that the news is out and we can now deal with it.
>
>It is now approaching 3 AM and I am going to stop.
>
>Bill Perlman
>PO Box 259
>Ashfield, MA, 01330
>413 628-0100

EXHIBIT C
SELECT BOARD MINUTES July 2, 2009

Present: Select Board member Bill Perlman, Tom Ulrich and Dave DeHerdt

Emergency meeting called to order at midnight.

Motion was made, and seconded, to appoint the following slate of people except for Chief John Svoboda and Bill Perlman as Emergency Manager and Field Driver. Vote was unanimous.

Motion was made, and seconded, to appoint Bill Perlman as Emergency Manager and Field Driver. Dave and Tom voted yes. Bill abstained.

Meeting adjourned at 12:05am.

2010 Appointments

Ag Commission (3 year)
Tom McCrumm
Amy Klippenstein

Conservation Commission (3 year)
Dave Fessenden

Zoning Board of Appeals (3 year)
Mollie Babize
Ted Murray

Zoning Board of Appeals (1 year)
Anne Yuryan, Associate

Town Administrator (1 year)
Maryellen Cranston

Emergency Manager (1 year)
Bill Perlman

Police
Chief John Svoboda
Sgt Kristina Nunez
Officer Joseph Cliché
Officer Sean Skalski
Officer Mike Curtis
Officer Steven Wood
Officer Jarek Konopko

Auxiliary
Elizabeth Lesure
Walter Zalenski

Animal Control Officer
Warren Kirkpatrick

Fence Viewers
Alden Gray

Field Drivers
Bill Perlman
Roland Townsley

Openings
Ag Commission – 2
Council on Aging – 5
Historical Commision – 2
Personnel Board – 1
Youth Commission – 3

Added in hand writing -
Resignation
Helen Hodges – local CDA

EXHIBIT D

tomul[at]verizon.net

From:
To:
Sent: Friday, July 03, 2009 11:45 PM
Subject: Re: RE:
How much does the computer cost? Send him a bill, he’ll find it.

tomul[at]verizon.net

From:
To: ; ; “’Dave Deherdt’”
Sent: Friday, July 03, 2009 11:06 PM
Subject: Re: RE:
I understand PC Anywhere is on it, that’s why I said if we get a hold of it we can see what it was used for – what and when.

>------Original Message ------
>From: Bill Perlman
>To: tomul[at]verizon.net; townhall[at]ashfield.org; ‘Dave Deherdt’
>Sent: Friday, July 03, 2009 8:19PM
>Subject: RE: RE:
>
>John has said that he returned it, but no one can find it. I believe that it is not back. Apparently, PC anywhere was installed on the department’s computers and he could monitor the screens from home. I would like to put a stop to that kind of thing.
>
>Bill Perlman
>PO Box 259
>Ashfield, MA, 01330
>413 628-0100
>panther[at]sliverpanther.com

>>From: Tomul[at]verizon.net [mailto:tomul[at]verizon.net]
>>Sent: Friday, July 03, 2009 6:59 PM
>>To: panther[at]silverpanther.com; townhall[at]ashfield.org; ‘Dave Deherdt’
>>Subject: Re: RE:
>>
>>Bill:
>>Has John returned the machine he’s been using at home? I believe it’s possible to track all URL’s it’s been looking at; possibly all applications that have been open and what they were doing.
>>
>>Tom
>>>-------Original Message--------
>>>From: Bill Perlman
>>>To: townhall[at]ashfield.org; ‘Tom Ulrich’; ‘Dave Deherdt’
>>>Sent: Friday, July 03, 2009 5:51 PM
>>>Subject: RE:
>>>
>>>Yes. Please bring the entire letter file re: John and please put on a conversation about a town policy of prohibiting unwarranted eavesdropping using any electronic means including recording or computers.
>>>Bill Perlman
>>>PO Box 259
>>>Ashfield, MA, 01330
>>>413 628-0100
>>>panther[at]sliverpanther.com
>>>
>>>
>>>>From: townhall[at]ashfield.org [mailto:twnhall[at]ashfield.org]
>>>>Sent: Friday, July 03, 2009 5:24 PM
>>>>To: Tom Ulrich; Bill Perlman; Dave Deherdt
>>>>Subject:
>>>>
>>>>
>>>>Hi,
>>>>
>>>>I have not had a chance to type up an official agenda. There will be some mail items as well as the warrants to sign. Discussion items include at this point the following:
>>>>
>>>>
>>>> 1. Paying for pre-employment physicals
>>>> 2. Curtaingate revisited. We received another complaint and a question from a resident.
>>>> 3. Employee training.
>>>>
>>>> Let me know if you have anything else. I’ll add it to the official agenda for Monday.
>>>>
>>>>Thanks,
>>>>Maryellen Cranston
>>>>PO Box 560
>>>>Ashfield, MA 01330
>>>>413-628-441 x5
>>>>413-628-0228 (fax)

EXHIBIT E

Thanks. I will go and get these items and or determine where each is located in the department.

Sent from my Verizon Wireless BlackBerry

From: “Bill Perlman”
Date: Thu, 09 Jul 2009 14:35:10 -0400
To: ‘R. Dave DeHerdt’
Subject: inventory

Dave,

1. Any department issued firearms
2. Any and all utility belt items including baton, handcuffs, flashlights, etc. These to be kept until his return
3. All Ashfield badges
4. Photo identification cards
5. Town hall master keys
6. Keys to al department file cabinets, rooms, locks, etc.
7. All department computers. The laptop in question was found in the personnel file, but it took a bolt cutter to gain access since no one had a key. There may be another laptop somewhere.
8. Apple/IMAC printer
9. Cell phone
10. Any town issued credit cards
11. Any department files or paper work
12. Passwords allowing access to his computer files and access to administrator functions of all computers.
13. Any and all other town owned equipment known to him but not listed above.

I have no idea what else could be out there. There is a payment record out of the police contribution account of $1654 for a Python III Dual Action Ka-band Radar unit which I am told can’t be found. There is no record of it ever being recalibrated, which should take place annually, while there are calibration reports for the radar in the cruisers and hand held units.

At some point, we also need to find out why three invoices for cruiser maintenance totaling 1255.25 in 2007 came out of the police donations account instead of the police budget. There are 11 expenditures from the donations account which is strange because in an e-mail to Kristina dated May 19, 2009 John states “I have never used that account for anything to date.”

But for now, we just need to get things back, there are literally dozens of other questions he will need answered before this is over, to say nothing of dealing with the ethics commission report when it comes out. There are now 2 active investigations.

On another topic, my phone has been going nuts with people calling to find out about the rational [sic] of not terminating the chief. Many of these people are those that have expressed concerns over the years, but would never come forward publicly. I had a long talk with Donna this morning which did very little to ally my concerns. I might suggest some kind of letter from either you an/or Tom in the up coming Ashfield news to get the word out.

Bill Perlman
PO Box 259
Ashfield, MA, 01330
413 628-0100
panther[at]sliverpanther.com


EXHIBIT F

Tomul[at]Verizon.net

From:
To: “R. Dave DeHerdt: , ; “Bill Perlman”
Cc: “Donna McNichols”
Sent: Friday, July 10, 2009 1:28 PM
Subject: Re: Police office in charge.
I agree with this and other emails. Wednesday is done and gone and whatever we did, we did. Perhaps we could have done better, but that’s that.
Re Sgt. Nunez’s manner, complaints of others, the turmoil in town hall etc., something must be done.

One thing I propose is a physical shakeup: The Police Dept be moved to the meeting room downstairs, the tax collector and treasurer be moved into the what was the police dept, and the select board return to the old room where we used to be. At any rate I would like to separate the police from the rest of the town hall, and to split up Maryellen and Laura.
With something like that as a first step, we can introduce the concept of no-nonsense reviews coming down the pike – everyone will be interviewed and rated, as harshly as necessary; no punches will be pulled. Input from both inside and outside town hall will be looked or, from all sides. Everyone, police and town hall, must simply get their act together.

Dave, as you talk to John along the way, please make a number of things absolutely clear:

• There will be no private conversations with ay police officer;
• He must set up a transparent system for handling his bills;
• He must work his hours – on duty means visible in town, and his hours will be randomly double-checked;
• Vehicle repairs must be done in the town garage unless there is a clear written reason to go elsewhere – this will be attached to the incoming bill;
• Of course, he cannot even look at Sgt Nunez in a funny way, let alone utter any kind of off-remark – none, zero;
• Kidding and “jokes” are off-limits in the police department for the foreseeable future;
• Finally, and I don’t think this was completely clear in our punishment listing: he will be on probation for three months after he returns from his leave of course, however, all those warnings etc listed above and in the future continue indefinitely after the probation – he simply cannot do or say anything to or concerning Sgt Nunez or Maryellen Cranston that is of a questionable nature for as long as they are employed by the Town of Ashfield. Successful completion of probation will not mean that he will be free to act like a jerk again.
• There will be more things to come. If John cannot understand and spell out his responsibilities, we will do it for him

I am furious at nearly everyone involved in this, including myself. If push comes to shove I would fire most of them and start all over again.

Regarding the police Department, would it be possible to hire a temporary police chief from outside the town for three months until things are straightened out? I think an outside neutral voice would make everything easier. It is clearly difficult for Sgt Nunez to set things up her way for three months and then have John come back and take over while Nunez returns to a subordinate position.

We have to talk these things through.

Tom

-----Original Message------

EXHIBIT G

SELECT BOARD MINUTES

Emergency Meeting called by Select Board Chair Bill Perlman – July 13, 2009

Present: Select Board members, Bill Perlman, Tom Ulrich and Dave DeHerdt
Town Administrator, Maryellen Cranston
Assessor’s Clerk, Fay Whitney-Lussier
Sergeant Kristina Nunez

Meeting called to order by Chair, Bill Perlman at 7:00 p.m.

Bill informed Tom and Dave that Nancy Intres had submitted her letter of resignation and informed them that the situation in town hall was at a point where he believed immediate actions needed to be taken.

Dave suggested that no action be taken at this meeting regarding Nancy’s letter of resignation. It was agreed that someone needed to speak with Nancy to determine if any specific action could be taken by that Board that would allow her to return to her position. Dave also stated that in his opinion the situation at town hall should be addressed at an open meeting before the board when all town hall employees could appear and explain what was happening and their opinions as to why.

Maryellen asked a clarification question regarding the payment of John Svoboda’s health insurance while he was on suspension. Dave reported that town counsel had informed him that it was appropriate for John to used [sic] his accrued vacation time during the suspension period. Dave also reported that John was aware that once his accrued vacation was exhausted that he would be responsible to pay his 25% contribution for the health insurance out of pocket.

It was reported by Maryellen that John had 60 days of accrued vacation but that there was an issue regarding whether he should be charged vacation time for a period that he was gone at Christmas. Dave reminded the board that this issue had been resolved at an earlier meeting of the board when it was agreed that John could use accrued comp time for that period and that John had no more comp time available to him.

Maryellen and Kristina asked the board if it was proper for them to release their letters of complaint regarding the executive session of July 1, 2009 to the public. The board gave no advice and recommended that, since both were represented by counsel, they should seek advice from their counsel and not the board.

Meeting adjourned at 8:40 p.m.

Respectfully submitted
Town Administrator
With amendments by Dave DeHerdt

EXHIBIT H
----- Original Message -----
From: Bill Perlman
To: Donna MacNicol
Cc: Dave Deherdt; Tom Ulrich; Buz Eisenberg
Sent: Friday, July 24, 2009, 1:48 PM
Subject: Monday Select Board meeting

Donna,

I understood you to say that what we should do on Monday is to accept John’s letter and vote to release the minutes [of] the executive session and that’s all.

John Svoboda is inviting people to Monday’s meeting saying that R. Dave Deherdt has authorized a public gathering [to] bring the whole thing out in the open. Setting Aside the fact that the Chair of the Select Board usually sets the agenda for the[ . . .] meetings, I believe that this is a really stupid thing to do. First we seem to be taking sides by constantly giving John and his crowd free pubic forums at our meetings, and in the light of certain law suits that are about to be filed, that the less the sele[ct] board says the better.

My own attorney has advised me to remain distant from any and all public proceedings concerning this series of thing […] so I will not be attending Monday’s meeting, however, I can’t stand by and continue letting John play us as he has been doing […]ask that take a more active role in advising the SB in their actions.

I am also aware of the problematic results of my own mistakes vis a vis the e-mails and I accept full responsibility for [them] but to compound those errors by allowing them to cloud the issue would be a mistake.

I suggest, that you advise my colleagues not to do or say anything about this at all without talking to you first. I don’t think that Dave actually authorized this, and that John is still playing us all. I also don’t know how to stop him given no protec[tion] under the 1st amendment but I suggest doing whatever is necessary to put an end to this publicly. I shall return to active SB […] when this is done. In the meantime I will be spending my time further investigating criminal complaints against John.

Good luck to you all.

Bill Perlman
PO Box 259
Ashfield, MA 10330
413 628-0100
panther[at]silverpanther.com




EXHIBIT I
[Note: exhibit clipped at one side. Reconstructions in brackets are the transcriber’s best guess.]


On Jul 25, 2009, at 3:13 PM, Bill Perlman wrote:

Tom,

What is going to happen on Monday is that John and his merry band will try to distract any conversation about himself a[nd] turn it on me. Dave, citing the first amendment, will allow any conversation to go on, and he should. Everybody has the right in [an] open forum to express their views. I, on the other hand, do not have to sit there and take their abuse.

>> A lot of mistakes were made during this situation. I screwed up by sending the emails. In my opinion, Dave screwed up [ … ] not firing John. He was thinking as a lawyer and not as a select board member. We have all made mistakes by not dealing wit[h . . .] of the complaints against John. Sandy Lilly has not received even an acknowledgment of her e-mail. We have not dealt [with] the notice of no confidence from the department. I have yet to see our “Select Board United” letter which Dave was going to wr[ite.]
>>
>> I will be dealing with my error this week by writing a letter to the DA taking responsibility for my violation of the open meeting law. I intend to make it public. Hopefully, that will deal with that situation and take the wind out of the sails of John and his mob, and the two of you can get back to doing what you should do, and that is to deal with John. Right now, we are sufferin[g] from a failure of leadership. If I thought it would help, I would resign tomorrow. I have given my heart and soul to this town for t[he] last fifteen years and frankly I have had enough.
>>
>>I need this position for just a little while longer, to collect the evidence required for criminal charges against John. The AG’s offi[ce] will get them soon. Then I expect to step back and let you guys clean up the pieces. I am tired, I am disgusted with the actions [of] many people in this town and need to get back to a private life. It is entirely possible that I will not be attending another board meeting.
>>
>>There are still things that should be dealt with. John took lots of papers from individuals personnel files when he left. HE still ha[s] them and they should returned [sic]. I would have fired him for that alone. He is spreading lies and playing the board like a puppet. [ . . .] aware that he is currently in control and unless you do something to stop it, he will make us all look like the fools we currently ar[e]. The board has lost the respect of all in town hall and it will be hard to regain. You should do it rather than Dave.
>>
>>Tom, I have to apologize to you for not keeping my promise to run again, but I don’t think I would survive. It has been an honor serving with you and I respect you. I have defended your decision in the executive session, since I know you had no choice. I can’t defend the total result since it is indefensible.
>>
>>Watch your back and I’ll talk to you soon.


>>Bill Perlman
>>PO Box 259
>>Ashfield, MA, 01330
>>413 628-0100
>>panther[at]sliverpanther.com

Select Board Calls for Public Hearing

At tonight’s Select Board meeting, Dave DeHerdt moved that the ratification of the slate of town officials (including the police department) be postponed until next week to give citizens a chance to study the letter from the D.A.'s office and its exhibits and after a public hearing to give people a chance to express their concerns. Chair Ted Murray seconded the motion and it passed unanimously.

The hearing will be held at the Select Board’s meeting next Wednesday evening.

According to the D.A. findings, the emergency meeting held last July 2 to appoint the officials was in violation of the Open Meeting Laws. The remedy for the violation is to ratify the appointments in a legal open meeting.

David King

Editor’s Note: The letter from the D.A. and Exhibit C are elsewhere on this blog. The rest of the exhibits will be posted tomorrow.

Joint Meeting Thursday Night

An open meeting of the Select Board and the Finance Committee will be held at 7:30p.m. on Thursday.

Last Minute Additions to Selectboard Agenda

Old Business:
1. Police Department weapons inventory;
2. Police Department equipment inventory;
3. Reconciliation of police evidence locker inventory;

New Business:
1. Taxpayer Relief (complaints/inquiries)
2. Audit of Police Department Grant expenditures
3. Proposed items for discussion with Finance Committee

Editor's Note: Meeting is now in session. Hurry on up there if these items interest you.

Select Board Meeting Agenda

MEETING AGENDA*
January 6, 2010 7 pm
Minutes
December 23, 2009 Open Meeting December 23, 2009 Executive Session
1. APPOINTMENTS: None
2. LIAISON REPORTS
a. Police
b. Fire
c. Highway
d. Emergency Manager (Emergency Action Plan re: Dam)
e. Town Hall — heating issues over the holidays
3. OLD BUSINESS
a. Hearing Policy
b. Computer Security Policy
4. MAIL
a. Personnel security law and town policy
b. Hilltown Resource Management Cooperative updates
c. DIAL/SELF Youth and Community Services
d. Highland Communities Initiative Newsletter
5. NEW BUSINESS
a. Letter from Office of the District Attorney re: violations of the Open Meeting Law
6. Vote/Signatures
FUTURE MEETINGS/APPOINTMENTS
January 13, 2010 @ 7 pm — Select Board Meeting January 16/17 — sign warrants
January 20 @ 7 pm — Select Board Meeting January 27 @ 7 pm — Select Board Meeting January 30/31 — sign warrants
S. PUBLIC FORUM (if time)
9. EXECUTIVE SESSION
To discuss strategies with respect to litigation and in preparation for negotiations with non-union personnel
* This is a preliminary agenda and is subject to change.


Editor's Note: Re: agenda item 5a, see below.