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
Saturday, December 5, 2009
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
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.
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
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
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
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
November 24, 2009
APPOINTMENTS:
LIAISON REPORTS
Police
Fire
Highway
OLD BUSINESS
Email Policy
Computer Security
Hearing Policy
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
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