More Backdoor Dealing...Show Me the Money!

More Backdoor Dealing...

Show Me the Money!

All of the "restructuring" isn't going as smoothly as planned. Funny thing is, the town has elected sewer commissioners, cemetery commissioners, conservation commissioners, a planning board, a board of health. We didn't elect the board of selectmen to act as sewer commissioners, cemetery commissioners, conservation commissioners, a planning board, a board of health.

Maybe the selectmen should demonstrate to the voters that they know what THEY are doing (as in present a balanced budget for the town) BEFORE they go and take over the rest of town government. 

Maybe before making these big restructuring changes in town, the selectmen should have a full board vote on these "restructuring" changes to town government.

Maybe the selectmen should have their "resolutions" checked by town counsel BEFORE the resolutions are adopted.

The SEWER Budget-

MGL Chapter 44, Section 53 F1/2. 

Email from Sewer Superintendent to Advisory committee chairman:

Morning Will:

Carter has stated in his letter to me (attached) and also in his weekly report,  that he is trying to get control over the Sewer Department budget.  I have copied my response here.  I noticed in the mass email that he sends out which contains his weekly report, that the Advisory Committee was not copied.  As the preeminent financial advisory of Town finances, I thought you and your committee members should be aware of what he is up to.

"Hello Everyone:

As most of you know I usually choose to stay out of the fray, but Carter keeps repeatedly forcing my hand.  He continually misrepresents the intent of Mass General Law(MGL) and Town Bylaws using selective quotations to suit his purpose/agenda (see attached).  For the record, my opinion is, and I have operated the Sewer Department under the following understanding which I believe follows ALL State and local laws and regulations:

The Sewer Department is NOT separate from the Town.

The Sewer Department IS different from other "general fund" departments in 2 key ways:

The first way is that Town meeting voted to accept  MGL Chapter 44, Section 53 F1/2, forming an enterprise fund which specifies a different method of accounting.  This is done so sewer users, voters and anyone else can see easily what it costs to operate the sewer system.

The second way is that voters also chose to elect Sewer Commissioners and the State Law voted says;

MGL 41:65.

"If sewer commissioners be chosen, they shall, as to sewers and drains, exclusively have the powers, perform the duties and be subject to the liabilities and penalties of selectmen and road commissioners".

Please note the word "exclusively" in the law above.  I have told Carter about this State law many times and he won't hear it or acknowledge it.

So my interpretation of the above statute is that the Selectmen develop and control the budget of the departments under their control, and the Sewer Commission develops and controls the budget of the Sewer Department.

All budgets then go before the ultimate approving authority, the voters at Town meeting.

Carter wants to have control over the development of the sewer budget.  That is my job as directed by the Board of Sewer Commission.  Carter or the Selectmen or anyone else is welcomed and encouraged to attend any of the upcoming monthly Sewer Commission meetings where we will be discussing the budget.  Those meetings and Town meeting are proper venues for public input.  Also, anyone who has questions or concerns can call me directly at 978-939-2743.  Remember that I work under the direction of the Board of Sewer Commission, but ultimately I work for YOU, if you are a registered voter in Templeton.  The voters (whether your home has sewer or not) chose the sewer enterprise and chose to have an elected Board of Sewer Commissioners.  It is your sewer system and we all work for you!

Carter wants more control over the Sewer Department budget and it causes me great concern when I wonder why?


Regards,
Kent"

Letter from Mr. Terenzini:

memorandum – OFFICE OF THE TOWN ADMINISTRATOR

TO:                        K. Songer, Sewer Department

FROM:            Carter Terenzini, Town Administrator

RE:                        FY 2018 Budget and Legislative Package

DATE:            December 7, 2016

CC:                        BoS

You will find attached the budget guidance for FY ‘18.  I encourage you to attend the training session next week.   I know it has been tradition in the past that the BoS not review and or deliberate upon your budget given your status as an Enterprise Fund.  However, that will need to change to be compliant with statute and best practice.

M.G.L. c.44, Section 53F½, states that “… a city or town which accepts the provisions of this section may establish a separate account classified as an “Enterprise Fund”, for a utility… Such account shall be maintained by the treasurer, and all receipts, revenues and funds from any source derived from all activities of the enterprise shall be deposited in such separate account…”.  It goes on to provide that “No later than one hundred and twenty days prior to the beginning of each fiscal year, an estimate of the income for the ensuing fiscal year and a proposed line item budget of the enterprise shall be submitted to the… board of selectmen or other executive authority of the city or town by the appropriate local entity responsible for operations of the enterprise.  Said… executive authority shall submit its recommendation to the town meeting… which shall act upon the budget in the same manner as all other budgets.”

Further, after a review of the By-Laws it has been determined that your Department needs to follow the same practices as the other general fund departments in order for me to fulfill my responsibilities (GBL III Section 4 provides that “It shall be the duty of the Town Administrator… to develop a budget for the ensuing fiscal year of the several boards, officers, and committees of the Town in such form and detail as shall be prescribed by the Town Administrator.”).  Your department is amongst those covered by this requirement.

As I review all of these matters as they come to my attention during the course of our financial and management audit it is also important to remember that the establishment of the Sewer Department Enterprise Fund does not provide the Sewer Department with any exemption from otherwise applicable requirements of the Town’s general fund operations.  For instance, after an initial conversation with our Auditors there are several other accounting practices that we will need to review in order to bring us into compliance with Best Management Practice.  Once those have all been identified I’ll arrange a meeting between him and your Board to review them.  

I do understand this is a change and want you to know we are here to assist you in any way that we can.  I’m also available to talk with your Board at any time though truthfully that would best be done once we are deeper into the audits.