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:: Saturday, November 21st, 2009The Yarmouth Taxpayer
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I'MMMM Baaack!!!
12/16/08 · 2:26 pm :: posted by Cape Cod Republican
I'mmmmm Baaack!!!
This past year we have seen in Yarmouth what the Taxpayers said when it comes to Overrides. First it was the Annual Town Meeting. Yes, was the vote on a town wide override for the schools. No was the Vote when it went to the ballot and so on. The finial result was a No Vote after the Schools won at the District Meeting.
Now Comes the Battle:
Recently the Fire Department Union paid for a full page ad in the local daily. The Union claims that the new Fire Station (Station #3) in West Yarmouth could very well be opened. They claim that they want to meet with the Yarmouth Board of Selectmen, Why?
The Yarmouth Board of Selectmen are not the ones who negotiate Union Contracts. This is done with the Town Manager and in the Unions case the Fire Chief. Any changes to the Contract, working hours, overtime etc has to be agreed with the Union Reps and the Town and the funding has to be approved at Town Meeting
Now if the Board of Selectman voted to change anything in the contract they would probably face a Unfavorable Labor Practice (ULP) law suit which would cost the taxpayers plenty.
Taxpayers Right to View Public Employee's Contracts.
The Fire Union says they are willing to forgo callbacks at Station 3,according to Paul Holmquist, President of the Union. Under the current contract, it is required that a minimum of three people be at every station. So if an ambulance goes out, three firefighters are called back to man the station .What else is in the fire department contract that could be changed to save the taxpayers money and have the station opened?
The Yarmouth Taxpayer made a request in writing to the Town to have all the Towns Contracts open to the Taxpayers and the Town has agreed to have copies made and will to be available to read. It should provide some interesting reading on how our tax money is being spent.
Town Savings?
Mr Holmquist is quoted in the local media that forgoing call backs at station 3 would result in an overtime savings of about $30,000 a year. What about the other stations? Wouldn't there still be a requirement to have a call back to cover the other stations if the personal are taken out to cover another station, so where is the savings? Would forgoing the four hour minimum pay, that is required for overtime be wavered?
Bottom Line:
The bottom line in regards to having Station 3 open, according Town Administrator Bob Lawton, requires about $300,000.00 dollars. To get to this figure it would require even more major cuts to the Town and where would these cut be made? Without further cuts being made the Town would have to have another Override. I don't think the Taxpayers will support this with the future holding local aid cuts, a rise in the state's gas tax, and of course The DY School Budget.
42 comments
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12/16/08 @ 6:24 pm
Opinionator [Member] writes:
I,m pretty sure that no negotiated contract can be brought to Town Meeting for funding if the seectmen have not allowed that. In that sense, they, and no one else are where the negotiation buck stops. This fire fighter's union open Station 3 thing makes the union look like a bunch of hot heads. Not a good way for a union to look, particularly in tough times.
[ Show all comments by this user ]
Cape Cod Republican [Member] writes:
Opinionator : You are correct in that only negotiated and signed contracts are brought before Town meeting for funding. Now with the Town willing to open up all the present contracts for all to read it will be interesting what the reaction will be. Stay tuned, it going to be Very Interesting!
cw rice [Member] writes:
Any and all labor agreements (BU=Bargaining Unit) are de facto public documents once they have been negotiated and in fact some towns place copies of them in public libraries for public inspection.
The power of Town Meeting however is solely limited to either funding the amounts required to fulfill the fiscal needs of the contract.
Town Meeting can not 'open' a contract, delete or add to a BU contract.
See JAMES A. ANDERSON & others vs. BOARD OF SELECTMEN OF WRENTHAM & another.
406 Mass. 508,
Resulting from an action in which Town Meeting set a higher heath insurance municipal contribution than the BOS agreed to pay. The court ruled that Town Meeting only has the authority to accept or decline a labor agreement by funding it or not funding it, as bargained.
Ergo they (Town Meeting) have no authority to amend a BU contract.
The power of Town Meeting however is solely limited to either funding the amounts required to fulfill the fiscal needs of the contract.
Town Meeting can not 'open' a contract, delete or add to a BU contract.
See JAMES A. ANDERSON & others vs. BOARD OF SELECTMEN OF WRENTHAM & another.
406 Mass. 508,
Resulting from an action in which Town Meeting set a higher heath insurance municipal contribution than the BOS agreed to pay. The court ruled that Town Meeting only has the authority to accept or decline a labor agreement by funding it or not funding it, as bargained.
Ergo they (Town Meeting) have no authority to amend a BU contract.
albert [Member] writes:
WELCOME BACK!! Who runs the YFD? Sounds to me a few union boys think they do! Why does this only happen in Yarmouth??? Other towns have far worse response times (sandwich, Harwich to name a few and i think PTown still has a call dept! It is time the Selectmen put out an RFP for ambulance service save the town some $$ and lay off most of these greedy union members! ALL municiple unions need to understand the days of auto pay raises for doing nothing have to stop. This unin is out of control and an embarasment to the town and themselves. They should remove homquist and his gang and start over. I understand they actualy had a capt sit outside the senior center during Randys retirement to make sure non of the dept members attended and the refused to give randy the customary retiremnt AX given by the dept. if true they are truely Shameful and need to go!!! Ever notice when the YPD goes to a SELECTMENS meeting for promotions half the force is there to show support? a few weeks ago the YFD went to the board for promotions and NONE of their pers were there. speaks volumes to me.
Buzz [Member] writes:
Everyone should be aware, that Massachusetts has the "Sunshine Law". You have the right to look at and get copies(they can charge for the copies) any public documents. You don't have to show ID, just ask for them. If they don't give them to you, they are required to give you a letter stating why.
cw rice [Member] writes:
JAMES A. ANDERSON & others vs. BOARD OF SELECTMEN OF WRENTHAM & another.
406 Mass. 508
I will add Note 8, from the above case for your review.
"[Note 8] Furthermore, permitting resort to the town meeting on a subject of mandatory collective bargaining would enable a party to the negotiations to circumvent the bargaining process altogether. If a party was unable to achieve the desired contribution rate through collective bargaining, it could simply put the issue before the town meeting and pack the meeting with voters who supported its position. Such a practice would render the bargaining process an empty formality. "We do not attribute to the Legislature an intention to pass a largely ineffective collective bargaining statute . . . ." School Comm. of Newton, supra at 566. See Weymouth School Comm., 9 M.L.C. 1091, 1095 (1982) (Noting that, if a benefit can be obtained through collective bargaining, it would "undermine the purposes of Chapter 150E" to permit an end run around that process)."
406 Mass. 508
I will add Note 8, from the above case for your review.
"[Note 8] Furthermore, permitting resort to the town meeting on a subject of mandatory collective bargaining would enable a party to the negotiations to circumvent the bargaining process altogether. If a party was unable to achieve the desired contribution rate through collective bargaining, it could simply put the issue before the town meeting and pack the meeting with voters who supported its position. Such a practice would render the bargaining process an empty formality. "We do not attribute to the Legislature an intention to pass a largely ineffective collective bargaining statute . . . ." School Comm. of Newton, supra at 566. See Weymouth School Comm., 9 M.L.C. 1091, 1095 (1982) (Noting that, if a benefit can be obtained through collective bargaining, it would "undermine the purposes of Chapter 150E" to permit an end run around that process)."
anluke [Member] writes:
Some things never change--union using tactics that they consider unacceptable when done by others. Maybe if they worked more then two days a week we could fel sorry for them. The U>A>W of Yarmouth, time to hire people that understand all must contribute to a good future.
karent2 [Member] writes:
Yarmouth Taxpayer,
Can you clarify, are all contracts, union and individual, brought to town meeting for approval as seperate articles? And isn't it the selectmen that give the final sign off to any contract, regardless of who negotiated it? If they sign off on a negotiated contract and that goes to town meeting and isn't approved, what then happens, layoffs or re-open negotiations to a number that would be acceptable to town meeting?
Can you clarify, are all contracts, union and individual, brought to town meeting for approval as seperate articles? And isn't it the selectmen that give the final sign off to any contract, regardless of who negotiated it? If they sign off on a negotiated contract and that goes to town meeting and isn't approved, what then happens, layoffs or re-open negotiations to a number that would be acceptable to town meeting?
Cape Cod Republican [Member] writes:
Karent2 : In Yarmouth they usually put all the contracts in one Article with a dollar figure. There is no breakdown on what are in the contracts. Yarmouth has 5 unions. The Selectmen do sign off on the contract but it is the Taxpayers at Town Meeting who have to approve the funding. In most cases, as in the past, the funding is approved. If the funding is not approved the terms of the present contract or contracts (Including the old funding) continue and the article is dead. The Town would most likely have to reopen negotiations with the union or unions which caused the article to be defeated. The funding article would then be brought to the taxpayers in a Special Town Meeting for approval. Any layoff's would not be caused by a defeat of a new contract. Most if not all Yarmouth Contracts have it written in that the contract will continue until a new one is approved. You can read All the contracts NOW at the Yarmoth Town Hall. Just go to the Town Managers Office and ask. I have already started to review them and it is VERY INTERESTING!!!!
sandyneck [Member] writes:
You know RetiredVeteran(Blog name at Cape Cod Times)and Albert, you folks should really get some of your facts straight before running off here with your banter. In fact have either one of you attempted to speak to the Mr.Homquist personally or do you two just take what this one says or that one says? Do you take what's printed in news stories as gospel? I don't se you two poating anything about how the SELECTMEN want to psend your dollars to change the schedule, because they can.
cw rice [Member] writes:
Karent2, has done a very nice job of describing how contracts are funded in Yarmouth. In some communities the new dollars for the contract(s) are rolled into the salary line item for the department, sometimes with a note or verbal explanation the amounts being requested includes a X.X% raise or $X for an increase in some benefit.
If a community fails to approve a contract the current contract prevails, however if a community provides less dollars than required for the current contract, a reduction in staff or hours will have to happen as you can not spend money you do not have.
Note municipal finance laws do not allow mangers to transfer dollars form expenses into salaries or vice versa without Town Meeting approval.
If a community fails to approve a contract the current contract prevails, however if a community provides less dollars than required for the current contract, a reduction in staff or hours will have to happen as you can not spend money you do not have.
Note municipal finance laws do not allow mangers to transfer dollars form expenses into salaries or vice versa without Town Meeting approval.
cw rice [Member] writes:
Ops I gave credit to KarenT when it should have gone to "The Yarmouth Taxpayer" I'm sorry.
sandyneck [Member] writes:
To clarify something here, the POLICE or FIRE CHIEF does NOT have to negotiate
sandyneck [Member] writes:
If the town wishes the chiefs to sit in on negotiations they can, BUT they do NOT have to. The Unions bargain with the TOWN NOT the Chiefs.
sandyneck [Member] writes:
Albert writes:"RFP for ambulance service save the town some $$ and lay off most of these greedy union members! "
Here's a job for you Albert, try finding a PRIVATE Ambulance Co. to set up shoop for single town based EMS! Those companies are in for making a profit ONLY, and go see how much they will CHARGE Yarmouth to set up here and the town will lose that $$ they currently make now. Again, I ask Albert have YOU spoken to the Mr.Holmquist or any other Union Officer wiht your concerns?
Here's a job for you Albert, try finding a PRIVATE Ambulance Co. to set up shoop for single town based EMS! Those companies are in for making a profit ONLY, and go see how much they will CHARGE Yarmouth to set up here and the town will lose that $$ they currently make now. Again, I ask Albert have YOU spoken to the Mr.Holmquist or any other Union Officer wiht your concerns?
albert [Member] writes:
sandyneck so tell me am I wrong? Ask Capt Mike C. what he was doing outside the sr. center that day? Where did the AX come from? Where were they when there fellow FF promotions were given out? Why does this only happen in Yarmouth? One answer for all the above its the UNION!!! These guys are bad for the FD and very bad for Yarmouth. And Yes I have sat with holmquist and stand by what i said he must go.
sandyneck [Member] writes:
It's AXE not AX. I can not answer for him, HOWEVER he was NOT preventing people attending attending. FF promotions?
So, you are a friend of Randy and that's find, I do NOT believe you have spoken with Mr. Holmquist and if you did you are narrow minded. You basing your comments on your opinion and not fact.
So, you are a friend of Randy and that's find, I do NOT believe you have spoken with Mr. Holmquist and if you did you are narrow minded. You basing your comments on your opinion and not fact.
Cape Cod Republican [Member] writes:
Sandyneck : Yesterday I spent some time reading the present Fire Contract and the arbitrators decision dated Dec 2007 which is binding on the Town and the Union. In both, the Town was given an option to exercise a change in the working hours, 24 hours on ,24 hours off, 24 hours on and 120 hours off, with out any further negotiations with the union. The time frame was from June 2008, to Oct 31,2008. The selectmen chose to exercise their option and change the hours to, 24 hours on and 48 hours off, 24 hours on and 96 hours off. If you have any doubts on this, please go and read the Contract. I confirmed with the Town Manager that the selectmen did exercise their option. It's all there in black and white.
Cape Cod Republican [Member] writes:
Sandyneck Con't:
You see, not all the facts are coming out from the Union. The Selectmen are doing what they can according to the contract and the arbitrators decision. I see nothing wrong here. So the question remains, How does the Town come up with $300,000.00 dollars to keep station #3 open? An Override? I doubt it, Lay offs in the fire department? No one wants to see this. According to what I read a new contract is due for fiscal year 2010 and it will be interesting to see what happens.
Maybe it's time to explore privatizing the ambulance to see if the Town can have the service that is required and if there will be any cost savings to the taxpayers.
You see, not all the facts are coming out from the Union. The Selectmen are doing what they can according to the contract and the arbitrators decision. I see nothing wrong here. So the question remains, How does the Town come up with $300,000.00 dollars to keep station #3 open? An Override? I doubt it, Lay offs in the fire department? No one wants to see this. According to what I read a new contract is due for fiscal year 2010 and it will be interesting to see what happens.
Maybe it's time to explore privatizing the ambulance to see if the Town can have the service that is required and if there will be any cost savings to the taxpayers.
dustoff [Member] writes:
Both Yarmouth taxpayer and albert have stated errounus facts in their posts. while reading union contracts may be interesting they are just that a contract that was entered into by the Town and Union. The reason their is so much angst in Yarmouth is that the fire chief has ignored basic tenets of the bragained contract. His fialure to abide by the contract has resulted in over $50,000 dollars lost to the town of yarmouth. While his intentions may have been to to save money he failed to negotiate with the union and forced arbitration upon the town. The selectmen have decided to go foreward with a plan to change the firefighters schedule to the tune of $17,000 dollars, Mr. Lawton stated that next years fiscal budget will be even worse. I urge all of you out there to get involved and voice your opinion. There are two sides to every story and for the current mess this town is in there is plenty of blame on the towns side for failing to live up to the contract that was bargained.
sandyneck [Member] writes:
So let me get this right, JUST because it is in the contract in regards to the schedule, makes it right to do in these tough fiscal times? I mean Lawton has been quoted saying there is only $10,00 free cash. The Selectmen voted to keep the 3 libraries open by re-adjusting money, WHAT MONEY? It is not so much the change of the schedule Tom, where does the $17,000-$20,000 come from? I tell why they are doing it, SPITE, nothing else period! They have no reason outside of they can, find, but in these times of fiscal crisis? I can cal say there have other possible solutions to Sta.3 that falls on deaf ears.
Find a Private Ambulance Co. that is willing ot set up shop and get back to me.
Find a Private Ambulance Co. that is willing ot set up shop and get back to me.
sandyneck [Member] writes:
Word has is the FINCOM is not to happy about the proposes money to be spent. Seems that they may have been mislead by the board that the schedule NEEDS to change.
The talks of Private Ambulance has been going on for decades and it is proven that Fire Based EMS provides the most reliable and effficient serivice, so good luck with your venture.
The talks of Private Ambulance has been going on for decades and it is proven that Fire Based EMS provides the most reliable and effficient serivice, so good luck with your venture.
albert [Member] writes:
I guess we will never no what way is best until we put out an RFP and see what comes of it. Never hurts to AX. Atleast its an option. just not one a geeedy union will support. but thanks for AXing. P.S. Randy is gone what will be your excuse not to compromise now? After all its your town 2 so step up
albert [Member] writes:
Answer me this. The PD lost what 5 guys? Why no public crying from their Union? or for that matter any other town union? Time you boys look in a mirror.
dustoff [Member] writes:
Its called negotiation. and Randy is still there by the way. I hear the town is now paying the salaries of two chiefs WTF. Maybe if he had stepped down sooner Kelleher would have had a chance at the job instead of our inept board of selectmen to allow things to deteroiate to the point it is now.
dustoff [Member] writes:
The P.D. did not lose five guys they did not fill five open positions. Try educating yourself albert instead of making half assed comments about something you know notihing about.
sandyneck [Member] writes:
Princealbert is right, Randy is still there, he has given NUMEROUS dates on his pending retirement, but is still on the job. Why is the town paying for 2 Fire Chiefs? I agree Kelleher may have had a better shot at becoming the Chief, if Randy retired when he said he was going to!
sandyneck [Member] writes:
Man albert, you are a piece of work! POST FACTS NOT ASSUMPTIONS!
sandyneck [Member] writes:
So RFP? Who is WE? Go for it, I'll bring the popcorn! If you ran a business, would want to give up close to 2 million in revenue?
lookbeforeuleap [Member] writes:
Albert I would love to know where you get your info. I have heard that some of the bloggers have nothing better to do then send out false stories to make themselves look more intelligent. I can tell you you are way off track
lookbeforeuleap [Member] writes:
And to taxpayer either you are lying or Lawton told you a story (which I doubt) the firemen are still working the same schedule they were months ago. get it right. Maybe you should call the Mr Holmquist and just ask him like I did
sandyneck [Member] writes:
You are right lookbeforeuleap! I believe they have been working the first schedule taxayer referred to since January of this year.
Again I say how does the FINCOM feel about this hummm.......??
Again I say how does the FINCOM feel about this hummm.......??
albert [Member] writes:
prince albert in a can you might want to reread my post this symbol is a question mark ? it means Im asking a question. DUH!! educate my self? like your Union did about the Library? Why is the town paying for 2 Fire Chiefs? are they?? Thats a question queenie. Kelleher did not get the job because of the UNION not Randy! Did you watch the meeting? The BoS said they picked the new guy because of the goings on at the FD NOT Because of Randy. By the way I am no fan of Randy but less a fan of Greedy Unions that think they can bully the town and taxpayers. By Yarmouth Standards you guys have a pretty darn good deal and make waaay more than those who pay you. SHUT UP and get to work making this a better town and a Better FD instead of always crying!
albert [Member] writes:
sandy neck said "So RFP? Who is WE? Go for it, I'll bring the popcorn! If you ran a business, would want to give up close to 2 million in revenue" WE are the taxpayers!! answer to second question you mean the ambulance fund money you keep for yourselves? YES!! The own doent see it anyway You keep it all! including using saome to pay your dumb butts and buy fancy ladder trucks you dont need!
albert [Member] writes:
Sorry for typo should read the TOWN doesnt see it anyway.....
sandyneck [Member] writes:
Albert, again talking out of your....!
Let's see where to start - You say;"WE keep the ambulance $.IF you attended the Spring town meeting Randy EXPLAINED the Ambulance receipts. The FD has NOT been in captial budget for over 10years thanks the Ambulance. It does help pay some salaries, building maint. for the 3 stations, and yes the ladder truck. Let me educate you on the ladder. The prior Chief Dennis Brown was a big proponant for a new aerial truck for the FD. He wanted to purchase a truck with a bucket called a tower. He stated the reasons behind the purchase, such as the FD traded in the old ladder truck and a fire engine to offset the price. The Tower Truck is actually 2 trucks in 1. They call it a quint. IT is a fire engine, carries water, hose, has a pump, aerial device, etc.
This apparatus also helps the toen's ISO rating which in turns bedefits you the homweowner in your homeowners inurance rate.
You seem like a very angry man and for that I am sorry. Maybe IF you went and talked with the guys and Paul ( still don't believe you have) then maybe you would change.
Let's see where to start - You say;"WE keep the ambulance $.IF you attended the Spring town meeting Randy EXPLAINED the Ambulance receipts. The FD has NOT been in captial budget for over 10years thanks the Ambulance. It does help pay some salaries, building maint. for the 3 stations, and yes the ladder truck. Let me educate you on the ladder. The prior Chief Dennis Brown was a big proponant for a new aerial truck for the FD. He wanted to purchase a truck with a bucket called a tower. He stated the reasons behind the purchase, such as the FD traded in the old ladder truck and a fire engine to offset the price. The Tower Truck is actually 2 trucks in 1. They call it a quint. IT is a fire engine, carries water, hose, has a pump, aerial device, etc.
This apparatus also helps the toen's ISO rating which in turns bedefits you the homweowner in your homeowners inurance rate.
You seem like a very angry man and for that I am sorry. Maybe IF you went and talked with the guys and Paul ( still don't believe you have) then maybe you would change.
sandyneck [Member] writes:
Hey Taxpayer, you forgot to print the part. The town agrees to pay the cost of the option change!
somebunny [Member] writes:
eesh sandyneck, you certainly have alot to say about everyone here... do you own this site? Or do you need anger management
dustoff [Member] writes:
Albert Kelleher lost the job because of the problems with the f.d. most of those problems were directly caused by Sherman. The problems you so often quote about the contract are mostly clauses that sherman himself negotiated into the contract when he was on the other side. but the problem is not greed it is everyone living up to the contract that was legally negotiated. I am a taxpayer in the town of Yarmouth and know that there are many things that have to change with the coming fiscal crisis but they have to be negotiated. The town had the opputunity to change the coverage issues when they opened station three, but with sherman driving the bus he mandated 100% coverage. only after he went in the whole did he finally figure out that things needed to change instead of negotiating, he instituted direct violations of contractual language for a budget crisis he created! Why has the town continued to allow this? Kelleher could have been acting chief with out Randys supervision and maybe he would have been able to make some changes as the head of the dept.
sandyneck [Member] writes:
Gee, pretty quiet here from RV, I mean YTP!
sandyneck [Member] writes:
Well, Dr. Marasco just made a complete fool of himself at the Selectmen's meeting in regards to the Ambulance service! He baffles the other selectmen with absolute BS on EMS topics that he does NOT have a clue about of how it works. They buy it because is a "Doctor"
sandyneck [Member] writes:
Tom & Albert, New Chief starts 1st week of Feb. I expect you will fill him!
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