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| Courtesy of Clipart Library |
Last week’s post about the interference and harassment of Shutesbury’s Conservation Commission describes a situation that is becoming more common in our small town. As I read minutes and other public documents and, in some cases, viewed meeting recordings, I found problems with the appointment process to Shutesbury’s boards and committees.
One issue is that appointments have become a subjective process, with the personal feelings of the appointing officials being the primary driver of committee appointments.
Other problems include possible conflicts of interest and a strong tendency to appoint multiple representatives of entities like the Select Board and/or Finance Committee to influence the decisions made by various boards and committees.
To start, I will harken back to the Select Board meeting of November 23, 2021, to highlight the preferential treatment given to one committee requesting that their board be expanded by the appointment of a new member compared to how a request by another committee to appoint someone to fill a vacancy was handled.
Recreation Committee v. Town Buildings Committee
In a series of posts regarding the infrastructure problems at Shutesbury Elementary School, I described the ill-treatment of the Town Buildings Committee by the Select Board who refused to appoint a new volunteer to the Committee to fill a vacancy. The last post in that series mentioned that the Recreation Committee had also requested a new appointment–which was granted quickly and easily.
The lack of protocol for appointing board and committee members in town is spotlighted by the contrasting treatment of these two boards and how their concerns were handled.
Agenda
While the Buildings Committee discussion was listed on the agenda for November 23, the Recreation Committee request was not; it was discussed under an additional “Town Administrator Update” section inserted before the scheduled Buildings Committee agenda item.
Mode of Request
The Recreation Committee request for a new appointment was emailed to the Town Administrator by a Committee member (not the Chair); no formal vote of the Recreation Committee regarding the appointment was taken. While not reflected in the minutes, the meeting recording reveals that the requesting member is married to one of the Select Board members. No Recreation Committee members were present at the Select Board meeting.
Despite having a quorum at the November 23 meeting and the Building Committee Chair stating that its members had agreed to bring the appointment request forward to the Select Board, the request was refused because the Select Board Chair claimed there was no formal vote taken.
Reason for Appointment Request
The reason for the Recreation Committee’s request (described in the email message) was that they were very “busy” and had a willing volunteer on hand. Though appointing a new member required the Select Board to expand the number of Committee members from five to six, this was done with minimal discussion.
The Buildings Committee, having been admonished by the Select Board for its infrequent meetings, noted that achieving a meeting quorum had been difficult. The Committee’s request was meant to help overcome that problem; it was still refused.
Qualifications of New Appointee
Since no Recreation Committee members, incumbent or prospective, were present at the Select Board meeting, no questions were asked about the qualifications of the Recreation Committee’s prospect and no interview was conducted before the appointment was confirmed.
Even though the Building Committee’s prospect was present to answer questions, this person was deemed by the Select Board to be unqualified for a volunteer position on the Building Committee.
Interestingly, a Select Board member noted during the brief discussion of the Recreation Committee’s request, “I think if we have a committee asking for help and we have someone willing to help, I think we should appoint them.” Why would this not apply to the Building Committee?
Boards and Committees with Possible Conflicts of Interest
Personnel Board
As I looked at the makeup of various boards and committees in town, I noticed an oddity with the five-member Personnel Board.
First, the Personnel Board page on Shutesbury’s website lists The Town Administrator, a full-time town employee, as the main contact. Additionally, there is no Chair listed–the individual often designated as the main contact person.
I read through several published Personnel Board minutes and could not discern whether there was someone serving as either Chair or Secretary. The meetings simply come to order, adjourn, and minutes are taken, without any attribution. Activities are spoken of passively, without names being ascribed to actions or comments. When names are mentioned, the one most often recorded is that of the Town Administrator.
I checked the Personnel Board’s bylaw and found that a Chairperson and Secretary are to be elected annually. Since the Board is charged with “oversee(ing) the administration of personnel policies” and “investigate(ing) the duties and rates of salaries and wages for any and all positions”, it is completely inappropriate for the Town Administrator to exert such a heavy influence on the Board. This is particularly true since the Board has been conducting job studies and recommending pay increases for many town employees.
Secondly, there are two current Finance Committee members on the Personnel Board–one being the Finance Committee’s chosen representative. The other fills one of the three Community-at-Large positions. This is a weighty Finance Committee presence on a Board that is meant to have more representatives from the general community. The three “Community-at-Large” members of the Personnel Board are appointed by the Town Moderator.
Police Study Group
According to Shutesbury.org, “The Police Study Group is an advisory subcommittee created by the Shutesbury Select Board to examine the needs, resources, and options for the Town of Shutesbury as it pertains to policing.”
For the past several months, this group of nine individuals, including two of the three Select Board members and the Acting Police Chief, has been meeting and discussing the future of Shutesbury’s Police Department.
Some townsfolk have problems with the makeup of the group, since the Acting Police Chief has a financial interest in the recommendations of the subcommittee and is a voting member of the group. Another concern is the presence of two Select Board members–which not only constitutes a quorum but may also exert considerable influence on the eventual findings of the group.
Two Shutesbury residents have filed Ethics Complaints with the State Ethics Commission regarding a possible conflict of interest in the Acting Police Chief’s role with the Police Study Group. In addition, one of these residents has also contacted the Massachusetts Attorney General’s office with Open Meeting Law concerns regarding the presence of a Select Board quorum without corresponding public meeting notice and taking of minutes.
The smooth operation of a small, local government like ours depends on the effectiveness of its boards and committees, good communication, and the contentment of its volunteer workforce. When this is not the case, we all suffer.
But all is not lost. As citizens, we have the power to change things in town. Stay informed by signing up for Town email alerts and board and committee meeting notifications. You may also sign up for NextDoor, where many town issues are discussed.
When you see problems and have concerns, email your elected officials on the Shutesbury Select Board. They are here to serve us!
Above all, participate in Annual Town Meeting and VOTE. The Select Board is the Town’s appointing authority, and we can influence how board and committee appointments are made by changing the face of that Board. In the end, it’s always up to the voters–and that’s us, folks!
Weekly Factoid:
If your household’s annual adjusted gross income is $73,000 or less, the IRS Free File program can provide you access to online tax preparation services for FREE:
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