Pattye Benson

Community Matters

When will the madness end?

December 16, 2012
78 Comments

When will the madness end?

The last 48 hours has seen a horrible surge of sadness and anger from Americans all across the country. Another mass shooting. Another one committed by a young man. One of the worst mass shootings in America, as if such rankings matter. From Arizona to Colorado to Oregon to Connecticut, these mass murders will not end.

Innocent children losing their lives. In the wake of the unspeakable horror of children being killed while at school, isn’t it time for us to have an earnest national conversation on effective gun control laws? Will the Sandy Hook massacre in Connecticut mark a tipping point for the American people to say enough is enough? When are we going to have the responsibility to take care of each other?

It’s past time to face reality. This is a firearms issue. Can we finally have a rational discussion about the role of guns in our society … please? The truth is that people with guns kill people. Sandy Hook is the sixth gun massacre this year. How frequent do the massacres have to become before we can talk about serious gun control? We, as a nation, need to do better.

For the same reason we are trying to keep nuclear weapons out of Iran’s arsenal, we should keep semi-automatic weapons out of individuals’ hands. Gun control doesn’t have to mean no guns. Arguments can be made for shotguns and rifles for hunting and handguns for protection. But it’s time to ban assault weapons and high-capacity magazines. The only purpose of a semi-automatic weapon is to kill numerous people as quickly as possible. What role would a semi-automatic weapon have for hunting or self-defense? Yes, mentally ill people kill other people, but the types of weapons they have access to will determine how many people they are able to kill.

The NRA, which objects to any kind of reasonable controls on gun ownership, is certainly part of the problem. Semiautomatic guns and large clips make for mass shootings that are almost impossible to defend against. Owning or possessing automatic weapons should be illegal for anyone except the military and the police. Why does a hunter or anyone else need an assault rifle, except to kill people? Outlawing automatic weapons can be done without disturbing the rights of individuals to have and carry pistols and long guns for personal protection and hunting.

While the Second Amendment was meant for protection, guns without regulations give way to nothing but widespread violence and tragedies. As a country, we need to collectively reconsider the arguments of individual rights in light of the harm done to the thousands of innocent victims shot each year. I support amending our Constitution to limit the types of weapons that one might bear. Automatic weapons, with rapid-firing of many bullets, do not seem to be in the scope or spirit of the Constitution. Your right to bear arms should not mean that you could carry a bazooka or a stinger missile; automatic weapons have no place in a civilized society.

Today I grieve for the families who are in mourning. Today I grieve for an angry, violent society that has lost its way.

Enough … it is time to call for action.

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TESD 2013/14 budget discussions underway; including outsourcing of services

December 11, 2012
27 Comments

Ray Clarke attended last night’s TESD Finance Committee meeting and provided his notes from the meeting.

Reading over Ray’s notes, it appears that members of TENIG (Tredyffrin Easttown Non-Instructional Group) are once again going to find themselves front and center for the 2013/14 budget discussion. In prior years, it often looked like the TENIG custodians were the target in the school district’s budget woes. Privatization through outsourcing was seen by some as a way to preserve the classroom and its programming, but at what cost?

Outsourcing services that historically have been in-house functions with long-time employees is a major shift in institutional culture. How does the possible cost savings of outsourcing compare to the quality of job performance and productivity? How does one measure the safety factor that comes with the connection that current custodians have developed with the schools and the students? It is difficult to measure the ‘safety’ intangible to in-house custodial services, plus many of the employees live in T/E and their families are part of the community.

For the 2012/13 school year, the custodial workers offered a 10% reduction in their salaries and they did not take the 4.5% increase, which were contained in their existing contracts. In real dollars, the cost savings to the District was $197K in salary reduction, plus the additional percentage contractual savings for a total savings of approximately $285K. By giving back, TENIG’s custodial workers helped the 2012/13 budget and the additional bonus of saving local jobs.

Beyond the custodial workers, it looks like all of TENIG will be under the microscope for possible outsourcing in the 2013/14 budget. The plan is for separate RFPs for each of the various TENIG job functions – security, kitchen, clerical, etc. in addition to the custodial workers. The possible outsourcing of TENIG workers is still in the early stages of the budget process,

The following are Ray Clarke’s notes, along with his thoughts from the Finance Committee Meeting, 12/10/12:

The main topic of Monday’s Finance Committee meeting was the 2013/14 budget, in preparation for the January 7th Board vote on whether to apply for Exceptions.

The basic discussion framework is the projection model we’ve seen before, based off an estimate for the actual current year results. Since this 2012/13 estimate drives every out-year, its accuracy is critical – yet the numbers do not inspire confidence.

Total 2012/13 expenses are estimated at $107.8 million, $2.5 million less than the budget. The difference is driven by $1.5 million lower benefits cost (estimated by our benefits consultant), $0.4 million from the new TEEA contract plans, and $0.5 million net salary savings from “breakage” offset by 3 additional FTEs. So the year’s imbalance turns from negative to positive, which is the good news.

However, expenses are still $6.1 million (6%) higher than the year just completed. No-one at the meeting was able to provide a breakdown of this increase. I think that the PSERS increase is about $2 million of the number. Where’s the other $4 million going?

One clue might be that the total healthcare and benefits expense for the following year is projected in the model to be flat (0% increase), based again on the consultant advice. Could it be that this year’s expense is overstated in the model? I don’t think this can explain the whole $4 million, though.

So, it’s hard to put much faith in the projected 2013/14 imbalance of $2.8 million as a basis for discussion of next year’s tax rates. Moreover, this number also includes the one time TEEA bonus ($1.1 million?), which should not be built into the tax base.

It hardly seems worth spending much time on the model for the years beyond 2013/14, except to note that refinements in the current version include:

  • Total healthcare costs increasing at 9% per year (previously 10%, 15%)
  • Special Education costs split from “other”, and projected to grow at 7-10%, vs 2-3% for other
  • PSERS expense will increase by $1.4 million next year, then $1.1 million, then $1.2 million, and then level off.
  • An additional 6.2 teachers are projected to be needed next year to meet enrollment growth

A number of “budget impact items” were listed but not quantified. On the saving side, these include outsourcing not only TENIG functions, but also aides and para-educators. Each TENIG job function would be bid separately in an RFP which would, for example, allow discretion to select a supplier that met standards for benefits. I didn’t catch how the educational staff “out-sourcing” would work, but I gathered that it would allow the district to avoid the PSERS expense. On the increase side, the topic of adjustments (in base salary or one time) for non-contract employees is on the table.

Bottom line: we are clearly going into the next budget cycle with a smaller problem than in previous years (no contracted near double digit compensation increases). At the same time, though, we seem to have been lulled into being much less prepared and thence likely to vote for an Exception application with information even more imperfect than it needs to be. (Yes, Exceptions don’t have to be levied if approved ……) .

Separately, at the beginning of the meeting, Chair Fadem asked for the financials to be presented as more of a “vanilla” summary. Not sure that’s the direction the district should be going in.

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Question: How many police officers does it take to protect Tredyffrin Township residents?

December 4, 2012
25 Comments

The presentation (or rather the non-presentation) of the police operations study by ICMA (International City/County Management Association) consultant Dr. Paul O’Connell, at Monday’s Board of Supervisors meeting, was an embarrassment. O’Connell, a college professor, was unable to attend the meeting; therefore, the plan was to “Skype” him in electronically from Connecticut. The Skype attempt failed miserably, with the audience and supervisors unable to understand a single word from the professor. Township staff attempted to correct the situation by connecting O’Connell via the phone line. Although a slight improvement, we all still struggled to understand O’Connell. Any questions from the Board or the citizens had to be transmitted via the phone.

I found the entire exercise last night a waste of time; certainly not worthy of a $49K consulting price tag. However, I think I have it figured out – O’Connell didn’t need to attend the Board of Supervisors meeting. In fact, I don’t think O’Connell or any of the other associated researchers at ICMA, needed to ever visit Tredyffrin Township.

Why? If you read ICMA’s 92-page report, its length and its charts can impress you. Don’t get me wrong, I think we are very fortunate to live in a community that has such a hard-working and caring police department But it struck me odd last night that O’Connell repeatedly spoke about the police superintendent (never once referring to Tony Giaimo by name) and the township’s police department being the ‘best in the country’. On what basis, did O’Connell reach this conclusion? A little research today indicates that O’Connell’s glowing words for Tredyffrin’s police officers are standard fare contained in ICMA’s police and fire department reports coast-to-coast.

Executive summary on Tredyffrin Township Police Department excerpt —

Based on our review, it is our opinion that the TTPD is a highly professional, well-managed police agency. Members of the department of all ranks and positions demonstrate a high degree of professionalism and dedication to the agency and the community.

A sampling from other ICMA police operations reports:

  • Executive Summary — report on Grand Rapids Police Department

Based on our review, it is our opinion that the GRPD is a highly professional, well-managed police agency. Members of the department of all ranks and positions demonstrate a high degree of professionalism and dedication to the agency and the community. The information management system developed and implemented in the department is beyond compare in contemporary law enforcement.

  • Executive Summary – report on Beaufort, South Carolina Police Department

ICMA found that the majority of sworn and civilian personnel of the Beaufort Police Department (BPD) are sincere, dedicated individuals who genuinely care about the community and the quality of life within it.

  • Executive Summary – report on Dunedin, Florida Police Department

After a comprehensive review of the services provided to the City of Dunedin by the Pinellas County Sheriff’s Office, it is the unanimous opinion of the members of the reviewing team that the residents of the city are receiving outstanding law enforcement services from the Sheriff’s Office.

ICMA’s cut-and-paste approach to their consulting reports further continues into their recommendations. The continual #1 recommendation, seen in many of ICMA’s reports as a way to improve an already well-performing organization, was to change the current staffing model. ICMA praised police departments across the country as “highly professional and well-managed”, and then adds, that with a tweak of the staffing schedule, police departments could magically decrease personnel.

From ICMA’s Wyoming, Michigan Police Department study, I read “… The WPD should change its current patrol-staffing model. Employing 10-hour tours in the current configuration is inefficient and should be abandoned in favor of a more flexible model that matches personnel resources to demand.”

Sound familiar?

Whether it was California, Michigan, Florida or Pennsylvania, the ICMA charts, graphs, and recommendations all look eerily familiar. It probably explains why O’Connell never referred to Giaimo by name, (calling him superintendent) and why he referred to the supervisors as commissioners. O’Connell had his boilerplate speech down to a science and needed to keep his references generic.

A fire department official from Benton Harbor, Michigan is quoted in the article, ‘City Hired Fire Service Consultant ICMA Recommendations Challenged Across America’ saying, “The only thing they (ICMA) did was scratch off another municipality’s name and put Benton Harbor on it.”

ICMA isn’t well loved in some municipalities – in one city, Lake Havau in Arizona the consultants were roundly criticized by that City Council who felt they overpaid for a cut and paste job. From the minutes, “Councilmember Callahan said that after thoroughly reviewing this ICMA report, he thought there were a lot of inconsistencies, and he believed the city overpaid for this report. Councilmember Nyberg felt that ICMA merely copied the report form the City of Alameda, California for the Lake Havau City report, and she thought some of the information was inaccurate.”

Some in Lake Havsu were concerned that ICMA may have used the report submitted to another city, changed some titles around and shifted some information, but used largely the same recommendations.

Something else that seemed disturbing as I followed ICMA’s paper trail, was an underlying anti-union message, referring to ICMA as “hired consultant a hired gun”. Mark Woolbright, International Association of Fire Fighters 2nd District vice president, issued a warning about ICMA’s motives, “It’s clear from everything we’ve heard from around the country that any municipality dealing with ICMA does so at their own risk. A consultant may be paid to provide a report to the local government to provide political cover for making cuts to fire department staffing and resources.”

Were it not for ICMA’s unsettling presentation at the supervisor’s meeting, I may not have done this research. I am now convinced that the township, and specifically the Police Department, had better thoroughly review ICMA’s recommendations before instituting – and that includes the level of staffing requirements.

Was there an agenda behind the hiring of ICMA? Was it to substantiate the police department staffing requirements for the 2013 budget? Was it an honest attempt on the part of the supervisors to better understand the police operations and needs?

The one question that the supervisors (and the residents) wanted answered – What is the minimum staffing level of police officers required to maintain our quality of service? A clear, concise response to this question seemed to escape O’Connell. Even supervisor Michelle Kichline said that she read ICMA’s report five times and was still confused as to the number of officers!

Here’s what we do know – the township currently employs 41 uniformed police officers, and there is authorization for 47 officers (and funding) included in the 2012 township budget. The ICMA report suggests 43 officers are needed to maintain acceptable service but the proposed 2013 township budget only includes 42 officers. Police Superintendent Tony Giaimo asked the Board to increase the level from 42 to 47 officers to keep it at the same level as the 2012 budget. Kichline made it clear that there would no new-hires until the police contract was signed. However, when will that be? The independent arbitrator has had the Tredyffrin Township Police Association/Tredyffrin Township collective bargaining agreement for 11+ months.

The unsigned police contract is causing many unknowns in the township’s proposed 2013-budget. With most police contract arbitrations taking 3-4 months for settlement in Pennsylvania, what’s the hold-up in Tredyffrin? The answer may be simple – the township and the police union started the police contract negotiating process in extreme opposing positions. By my count, there were 18 police officers in attendance at Monday’s Board of Supervisors meeting – about as many police as there were regular audience members.

The police union started the contract negotiation process from a status quo position, seeking a new contract with the township that contained benefits in their 2009-11 contract, including the post-retirement medical plan. Faced with the $40M unfunded medical liability, the township’s position was the polar opposite. It is my understanding that the township’s starting position in the police contract negotiation process was to eliminate post-retirement medical benefits for all new-hires. I’m guessing the answer for the arbitrator must lie somewhere between these two positions.

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Since January 2012, the collective bargaining agreement between the township and the police union has been in arbitration. An independent arbitrator, Michael Zobrak, is the third member of the arbitration board (jointly chosen by the township and the police union). The other two members of the arbitration board represent the township and the police union, respectively.

In reading Pennsylvania Police & Firefighter Collective Bargaining Law, Act No. 111, there is no timeline indicated for a determination.

PA Act No. 111: An Act specifically authorizing collective bargaining between policemen and firemen and their public employers; providing for arbitration in order to settle disputes, and requiring compliance with collective bargaining agreements and findings of arbitrators.

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Will Tredyffrin Township’s Proposed 2013 Budget increase or decrease level of staffing in Police Department?

December 2, 2012
28 Comments

The consulting firm, International City/County Management Association (ICMA) has completed their operations review and data analysis of the Police Department; click here to read the detailed 92-page report. The agenda for Monday’s Board of Supervisors meeting includes a presentation of the ICMA Police Operations Report.

As reference, the Board of Supervisors approved this $49K police operations study in July. Before approving the study, there was discussion from some of the supervisors about whether the money would be better spent on bringing the police officer staffing up to the authorized level of 47 (currently at 41) or using the money for Police Department equipment.

Will the ICMA report influence the proposed 2013 preliminary budget or have a bearing on the ongoing police contract arbitration? Probably the most important question that many of us wanted answered by the consultant’s study – How many police officers are required in Tredyffrin Township to provide adequate safety for the residents? Did the study suggest increasing the department beyond the authorized level of 47 or would the recommendation be to decrease the staffing level?

The ICMA police operations study concludes that a minimum of two additional police officers needed to be immediately hired and assigned to patrol. According to the report, the consultants were informed that two officers have been authorized, increasing the level to 43 police officers.

The ICMA report recommends the Police Department take immediate steps to review the current shift schedule and consider the alternative 10-hour and 40-minute shift schedule, see ‘Patrol Personnel, Shifts and Shift Strength, Four-Shift Model’ on pages 79/80. According to the report, this new schedule can reduce patrol over-staffing; thus decreasing personnel requirements. However, the report notes that changing the shift schedule may be limited by the Police Department’s collective bargaining agreement. By modifying the current schedule, ICMA suggests there would be a reduction in the department’s need for patrol personnel.

According to the report, the current shift schedule provides a “total of six overlap hours during every 24-hour period. In other words, for six hours each day, two shifts (or approximately eight patrol officers) are scheduled to be working at the same time. The data analysis portion of this report confirms this. As stated elsewhere, these hours can be used for training and other purposes, such as participation in the department’s physical fitness program. But as the data analysis indicates, this dramatic increase in manpower suggests some inefficiencies that are built directly into the shift schedule.”

ICMA claims that the alternative schedule, which uses four starting times for shifts each day instead of three, will provide for greater flexibility, “both in terms of varying start times and in aligning manpower with calls for service.” By making this change in scheduling, the report indicates a reduction in supervisory staffing requirement. As I understand the report, if the Police Department were to move to the alternative 10-hour and 40-minute shift schedule, the standard of service to the community would be maintained with 43 officers (implying that the additional 4 authorized staffing vacancies would not be filled). However, the report points out that if the schedule is not changed, it may require the staffing level to increase to 45. Currently the Police Department has authorized staffing for 47 officers – my read is that ICMA does not recommend filling those two additional vacancies.

The current breakdown of the 41 members* of the Police Department are as follows:

  • 1 superintendent
  • 2 lieutenants (operations and administration)
  • 8 sergeants (6 assigned to patrol, 1 detective sergeant and 1 traffic sergeant)
  • 6 detectives (1 assigned to patrol)
  • 7 corporals (6 assigned to patrol, 1 assigned to traffic)
  • 1 community policing officer
  • 16 police officers

*My understanding from reading the report is that an additional two police officers has been approved and these officers will be assigned to patrol, bringing the total to 43 officers. The additional two officers will help reduce the overtime expenditures.

It makes sense that the reduction in Police Department staffing directly affects overtime expenses. With vacancies of six police officers (47 authorized down to 41), the report provides overtime data that underscores the additional overtime expense. The Police Department’s overtime costs in 2009: $55,175; 2010: $66,231; 2011: $144,037 and up to August 15, 2012: $138,914. Overtime expenditures in the first 8 months of 2012 were nearly as much as all of 2011 and clearly the overtime costs will continue to rise until the end of the year.

Will the recommendations contained in ICMA’s study have any effect on the township’s proposed 2013 preliminary budget? In reviewing the proposed 2013 budget, the actual level of police staffing is not obvious. Does the proposed 2013 budget allow the Police Department to increase staffing to its authorized level of 47? We should remember that the authorized level of 47 police officers is actually a decrease from previous years — at some point in the past, the Police Department had 50+ officers.

As it now stands, the proposed 2013 preliminary budget includes a 5.5% tax increase with the $40M unfunded medical liability dark cloud hanging over the township. In addition, the ‘elephant in the room’ is the ongoing contract negotiations between the township and the police union, Tredyffrin Township Police Association (TTPA). Since January 2012, the contract between TTPA and Tredyffrin Township has been in arbitration; the 3-year police contract expired the end of 2011. The process has been held captive for nearly a year, waiting for a ruling from independent arbitrator, Michael Zobrak.

Because of the comments on my post, “Lifetime healthcare benefits of Tredyffrin Township Police Association result in $40M unfunded liability – What’s the solution?“, I filed a ‘right-to-know’ request with the township. I received copies of TTPA 2004 and 2009-11 contracts. Until a new contract is signed, the Police Department continues to work to their last contract, 2009-11. The starting point for the collective bargaining agreement is with the 2009-11 contract; therefore, my comments below are taken from that contract. (Click here to review TTPA-Tredyffrin Township 2009-11 contract).

Without a copy of the police contract, there was conflicting information and questions, much having to do with the medical coverage of retired police officers. Here are the facts according to the 2009-11 contract:

  • For officers (and their spouses/dependents) hired prior to 1/1/99 who retire after 15 years of service, medical coverage is provided without cost, except for co-pays and deductibles.
  • For officers (and their spouses/dependents) hired after 1/1/99, who retire after 20 years of service, the township shall pay the premiums for medical coverage in the amount of 4% multiplied by the officer’s years of service. An example given: 4% x 20 years of credited service = 80% premium payment.

According to the 2009-11 contract, if an officer retired on or after 1/1/2009, the township may coordinate its obligation to provide post-retirement medical coverage with available Medicare coverage. “For those persons eligible for Medicare, the township shall reimburse them for any cost associated with acquiring Medicare, including the cost of Plan B coverage. In addition to being responsible for all costs associated with Medicare coverage, the township shall purchase supplement insurance and the township shall self-insure such as is necessary to provide the retired officer and spouse with the same level of insurance coverage they enjoyed before coverage was coordinated with Medicare.”

It was my understanding from the budget meeting, that retired police officers received lifetime health care benefits; however that point was debated on Community Matters. Reading further in the contract, it states that, “… Officers who retired prior to 1/1/09, as well as their spouses and eligible dependents, shall be permanently vested with, and continue to enjoy, the same level of healthcare benefits being provided for them by the Township as of 12/31/2008 at no cost, except for co-payments and deductibles then in effect.”

The missing link in the discussion was the 1/1/2009 date and whether the police officer retired before or after that date determines the medical coverage. Until I read the contract, I did not know the requirement for retirement was 15 years of service before 1/1/99; after that date, it became 20 years of service. I had incorrectly assumed that retirement benefits required 25 years of service.

For those police officers currently employed by the township, the township pays the entire medical premium for police officers, including spouse and children, with officers paying co-pays and deductibles. Benefits also include dental and vision coverage.

Another question previously raised was the longevity bonus pay of the police officers and how it was calculated. According to the contract, the bonus is computed as follows:

  • After 4 years of service 2% of Basic Yearly Salary
  • After 8 years of service 4% of Basic Yearly Salary
  • After 12 years of service 6% of Basic Yearly Salary
  • After 16 years of service 8% of Basic Yearly Salary
  • After 20 years of service 10% of Basic Yearly Salary

The biggest roadblock in collective bargaining contract disputes these days is health care benefits (in addition to salaries). Certainly health care benefits were an important component in the recently settled T/E teacher contract negotiations. Appreciating the current economic environment, the teachers agreed that their generous healthcare plan of the past was no longer possible, changes were made in their teacher’s contract accordingly. At present, there are 52 retired police officers and their families that are receiving retirement medical benefits. According to the 2009-11 contract, it appears that police officers retiring before 1/1/2009 are not required to go on Medicare when eligible. It would be interesting to know how many of the retired 52 officers have opted to go on Medicare benefits (even those not required to do so) when they became eligible.

As the T/E School District’s contract with the teachers union is a public document so is the Tredyffrin Township Police Association contract with the township. Some in the community have voiced concern with residents speculating about the contents of the police contact. I am of the opinion that as the T/E School Board has the TTEA contract available on their website, www.tesd.net, the township should likewise provide the TTPA contract on the website. Providing the public documents to the residents lessons the confusion and misinformation that comes about by not know the facts.

I look forward to your comments on ICMA’s report reviewing the Police Department and the 2009-11 agreement between TTPA and the township. Monday, December 3 Board of Supervisors meeting includes the proposed 2013 preliminary budget and the ICMA police operations report on the agenda.

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Under New Communication Policy, John DiBuonaventuro’s Letter Would be Approved for Website

November 28, 2012
4 Comments

I have now had an opportunity to review the Communication Policy which was passed by the Board of Supervisors on November 19. The policy was in response to Supervisors John DiBuonaventuro’s ‘letter to the citizens’ of September 5 which appeared on township letterhead on the township website. It remains unclear as to which supervisors ‘saw’ the letter before it went on the township website. You may recall that Mimi Gleason, former township manager, responded to my inquiry stating that she approved DiBuonaventuro’s letter along with the township solicitor Vince Donohue and BOS chair Michelle Kichline. Beyond Gleason, Donohue and supervisors Kichline and DiBuonaventuro, it is unclear as to what any of the other supervisors knew. Although privately some of the supervisors denied knowing anything about DiBuonaventuro’s letter, nothing was ever said publicly.

The communication policy is an attempt to define social media responsibilities in the township, and lists the primary communicators as township manager, police chief and chair of the Board of Supervisors. The stated purpose of the communication is:

The purpose of this policy is to establish guidelines as to how a member or group of members of Tredyffrin Township’s institutions should communicate with the public. In this era of a multitude of vehicles for disseminating information, the Township has determined that it should adopt a communications policy that will help residents clearly distinguish the communications of an individual from those of one of the Township’s institutions. The purpose of this is not to reduce open dialog but to provide reasonable guidance to Township officials on how to communicate with the Public.

In regard to the township website, the communication policy states:

The Township web site (www.tredyffrin.org) provides an on-going method of communication with the public. The Township Manager or designated member of Township staff shall be responsible for maintaining the web site and for coordination of updates to the web site. All content must be approved by the Township Manager. Supervisors may use the website to communicate with the public on Township issues. Due to implied endorsement nature of the site, any Supervisors using the Township website must be clear so as to identify of the author(s) and supporters of the content posted.

The policy makes it clear that individual supervisors can use the website as long as they identify they are acting independently. The only approval required for the use of the township website is from the township manager. Since the township manager is vetted and hired by the Board of Supervisors, my guess is that approval process would be fairly easy. There is no description of what constitutes ‘township issues’ — no guidelines or definition provided in the policy. The new communication policy leaves ‘township issues’ completely open to interpretation.

What is obvious is that the communication policy is an attempt to separate the actions of supervisors from each other. In other words, the policy implies that DiBuonaventuro (or any of the other 6 supervisors) can continue to write their ‘letters’ on the township website, but the only difference is that the public is not to assume he/she represents the voice of the rest of the board.

The communication policy makes no reference to township resources (staff time, legal review by solicitor, etc.) by individual supervisors who may choose to use the website for their personal communications. Apparently, the costs of the personal communications by individual supervisors to be absorbed by taxpayer dollars, under the guise of ‘township issues’.

At September’s Board of Supervisors meeting, former T/E School Board member and resident Andrea Felkins weighed in on supervisor communications to the public, stating,

” … This is about the need for a policy that would dictate the circumstances that would permit or deny a member of this board to use Board letterhead and post a personal letter. I cannot envision any circumstance that would have allowed this personal and angry tirade to be used in this fashion. … So, if you do not have a policy that dictates the use of your website that would have governed this, then I encourage you to develop one. We should not permit the use of taxpayer funded and limited access sites to vent frustrations and exorcise your demons. There is no rebuttal to any township distribution. And I think we all know that the personal attack on Pattye Benson, claiming that she is bent on damaging the township, as well as the childish reference to her “absolute defeat” in an election went well beyond the bounds of civility. Mr. D, your letter expressed indignation, and you were clearly upset, but it turned into a bullying exercise, and intimidated anyone who might challenge you in the future.

Clearly, I believe there was a misuse of the township resources, township website and township letterhead with DiBuonaventuro’s letter of September 5. The problem with this new communication policy, is that it offers no guidelines or guarantee to the public that this similar situation cannot occur over and over again.

Without parameters as to what constitutes ‘township issues’ or any approval oversight by the Board of Supervisors for the use of the website by individual supervisors, how is future abuse to be avoided?

Looking at various municipal communication policies, I found Lower Merion Township’s website policy to be of interest, representing a clear and concise approach to usage. Their policy is specific as to what constitutes township business and that the objective of the township website is to inform the public. A website policy such as Lower Merion’s would help Tredyffrin Township to avoid repeating mistakes in the future. As it now stands, there is nothing in Tredyffrin’s new communication policy to avoid a repeat performance by our Board of Supervisors.

Here is Lower Merion’s website policy:

Lower Merion Township Web Site Operating Policy

Purpose

The purpose of the Township Web Site is to provide information to the public about government and government-related community programs, activities, services, events, and issues. The Township Web Site will also provide links to related areas that will assist the public in learning more about the community of Lower Merion Township. This 24 hour/day information will originate at and be the responsibility of the Township of Lower Merion.

Objectives

  1. To provide timely public information about government meetings, services, programs and events.
  2. To provide information which will enable the residents of Lower Merion to have more effective access to local government.
  3. To educate residents about government procedures and processes.
  4. To provide residents with information on various Township functions and departments.
  5. To expand community awareness of the decision-making processes of local government.
  6. To provide accurate, up-to-date information to residents during emergencies.
  7. To assist Township departments in the delivery of services, programs and information.
  8. To provide access (via hyperlinks) to information concerning:
    • historical, cultural and educational institutions (including the Lower Merion School District)
    • economic development and opportunities within the Township as well as facts about the Township’s numerous business districts
    • other organizations which provide services to the citizens of the Township (e.g., public transportation, healthcare, etc.)

Content

The web site will include information directly supporting the stated objectives which benefit the public. Examples include a welcome from the President of the Board of Commissioners and the Township Manager, the President of the Board of Commissioners Vision for the Township, biographies of each Commissioner, schedule of public meetings of Boards and Commissions, frequently asked questions, history, etc.

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Thanksgiving is a Special Holiday … Wish the Spirit Would Continue Throughout the Year

November 21, 2012
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Thanksgiving is a special holiday …

In some ways, Thanksgiving does a better job of promoting the Christmas spirit than will happen next month. On Thanksgiving, we are reminded to note and savor our blessings and to reach out in generosity to our neighbors and our community. If you know someone alone on Thanksgiving, it is automatic to include them at your table. With our own family scattered across the country, there have been times when we were those appreciative extra dinner guests at the home of friends.

Unlike Christmas, the only gifts that are expected are ones that most can provide without piling up a mountain of debt: gifts of time, companionship, good cheer and food. Thanksgiving is the holiday calm before the storm of feverish Christmas consumerism and gift-buying anxiety that traditionally descends on the nation the next day.

On Thanksgiving, we gather with friends and family to strengthen bonds of love and friendship, sometimes after long absences. Many times, there are extra places for newcomers to the gathering, thanks to the marriages and births that have enlarged the family since last Thanksgiving. Savoring the energy and optimism of the youngsters, families across the country are united by traditions … such as turning on the television to see Philadelphia’s annual Thanksgiving Day parade or to watch their favorite football team win (or lose).

Naturally, everyone anticipates the table overflowing with roasted turkey, cranberry sauce and pumpkin pie . . . a dinner that is always energetically consumed and for some followed by contented snores.

Thanksgiving is a wonderful holiday; only wish the spirit could continue throughout the year. There is much to be thankful for – family, friends and a community where your voice does matter.

Best wishes for a very special Thanksgiving, wherever you are!

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Tredyffrin Township Website Policy … Rank Hath Its Privileges

November 20, 2012
7 Comments

As of last night’s Board of Supervisors meeting, Tredyffrin Township supervisors approved a communication policy that included the use of the government’s website by the supervisors. Although I was told earlier in the day by the township solicitor Vince Donohue that the meeting agenda would be changed to include this ‘vote’, no such change appeared on the agenda, leaving me to believe the discussion would occur at some future date. The resolution for a communication policy was not listed on the agenda however; it was included in the meeting. According to Donohue, a resolution does not take advance advertisement.

Michelle Kichline read the resolution for the communication policy with no comment from any of the supervisors. You will have to watch the BOS meeting or wait to see if the meeting minutes include the policy, as the resolution was not available in a printed format at the meeting. The vote to approve the policy was unanimous. Going forward the policy for the use of the website is, with approval from the township manager and township solicitor, that supervisors are permitted to use the website for ‘township business’ in communicating with residents. However, the communique must explicitly state which supervisor(s), whether the entire board, a subset or an individual are responsible for the message.

Individual supervisors can independently use the website for whatever he or she believes constitutes ‘township business’. Although I questioned that, without oversight or a majority vote from the other supervisors, John DiBuonaventuro’s letter of September 5 or a similar personal diatribe could be repeated, it changed nothing. Based on recent history, resident, Cheryl Bittner asked that a definition of ‘township business’ be included in the communication policy. That was not deemed necessary – which seemed to suggest that supervisors know what constitutes township business.

In essence, there is absolutely nothing to stop DiBuonaventuro or any of the other six supervisors from writing opinion letters on the township website whenever they disagree with residents, the press or comments on a blog. They just need the approval from the solicitor and township manager. Scary proposition – given that the township solicitor and township manager approved DiBuonaventuro’s September 5 letter as ‘township business’. The township’s communication policy has now given all seven supervisors a green light to use the township website as they wish – just call it ‘township business’ and it becomes a personal tool to communicate your message.

What’s the saying; “rank hath its privileges” … guess the use of the township website is a new perk if you are an elected official in Tredyffrin Township.

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Tredyffrin Township Website Policy — Vote TONIGHT!

November 19, 2012
15 Comments

Although the agenda for tonight’s Board of Supervisors meeting does not include the policy for the use of the township website by supervisors — the policy will be presented and voted upon tonight by the supervisors. In response to my inquiry to Michelle Kichline, I received an email from Vince Donohue, township solicitor, stating that the agenda will be revised to include a vote on the policy.

It was my understanding that the Sunshine Law required the township to notify the public at least 24 hrs. in advance of a vote. I asked this question of the solicitor and his response was,“The Board intends to adopt a policy by resolution, which does not require any advertisement. “

How much will the public’s opinion matter with regards to the township website — shouldn’t we have a copy of the resolution in advance to review? For those that are just tuning in, the communication policy is a result of John DiBuonaventuro’s use of the township letterhead, township website and township resources for his September 5 letter to the citizens.

As a result of DiBuonaventuro’s letter and personal attack on me and Community Matters (in addition to traditional news sources, including Main Line Media News), my attorney, Sam Stretton, sent a letter to the members of the Board of Supervisors on October 25. Vince Donohue responded to Stretton on November 8 where he detailed the new township policy would include.

According to Donohue’s letter, the communications on the Township website would pertain to Township issues. He also states that the it would be clear about the source of the communication, whether it was from the entire board, a subset of supervisors or an individual supervisor. Donohue writes, “ … The purpose of the policy is not, however, to restrict any Supervisor’s ability to communicate with Township residents on matters each deems appropriate.” If this language is contained in the communication policy, it is problematic. There is nothing to keep any supervisor from using the government website (or any other township social media tool, i.e. twitter, Facebook, etc.) as their own personal ‘bully pulpit’ whenever the mood strikes.

What’s to keep a supervisor from labeling their communication to the citizen as ‘township business’ and then the website becomes theirs to use. Who has the oversight on what constitutes ‘township business’? Read DiBuonaventuro’s letter again — especially where he speaks of my 2009 supervisor race. Yes, I ran for the Board of Supervisors in 2009, three years ago — what in the world constitutes that as ‘township business’ in 2012? So … will this new ‘communication’ policy protect the rights of DiBuonaventuro (and the other 6 supervisors) to use the government website whenever feeling threatened by the local news media, Community Matters or the township citizens. If an individual supervisor is permitted to the use of the government website for whatever he/she feels is township business, how about next year, when three of the supervisors are up for re-election — what keeps them from the use of the website as a campaign platform? If you think the suggestion ridiculous, remember DiBuonaventuro used the government website a personal attack on a private citizen, including a thee-year old political campaign!

We learned in Richard Llgenfritz, Main Line Media article of November 8, ‘Majority of Tredyffrin supervisors may not have approved DiBuonaventuro’s letter posted to website’, that several of DiBuonaventuro’s fellow supervisors had not seen nor approved his letter on the township website. I have subsequently heard that at least a couple of the supervisors would not have approved the letter, had then seen it in advance. So … will the communication policy of the township prohibit something similar in the future? Or will the policy force supervisors to ‘act alone’ without needing the ‘team’ behind them. From my vantage point, I hope that this communication policy contains strict guidelines and oversight or what’s the point?

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Lifetime healthcare benefits of Tredyffrin Township Police Association result in $40M unfunded liability — What’s the Solution?

November 16, 2012
23 Comments

I attended the public meeting this week to discuss the township’s proposed preliminary 2013 budget. About 10 residents attended plus township supervisors Michelle Kichline and Mike Heaberg (Heaberg is a member of the Finance Committee) and Acting Township Manager and Finance Director Tim Klarich.

Over the course of two hours, various topics were discussed with Klarich and the two supervisors, providing answers and background on numerous issues. The townships’ $40 M unfunded medical liability and the open issue on the labor agreement between the township and the police union, Tredyffrin Township Police Association (TTPA) were of particular interest to me. The ‘elephant in the room’ for the township’s 2013 budget and major obstacle (and the reason for the township’s $40M liability) is the ongoing arbitration with the police contract and their lifetime health benefits.

Since January 2012, the contract between TTPA and Tredyffrin Township has been in arbitration; the 3-year police contract expired the end of 2011. Kichline was quick to point out that both sides want an arbitration decision but unfortunately, for 10+ months, the process has been held captive, waiting for a ruling from independent arbitrator, Michael Zobrak from Aliquippa, PA. According to PA Department of Labor & Industry website, Zobrak’s fee is $1200 per diem (however, his page was last updated in 2007). Interesting to note, there is no requirement for the arbitrator to be an attorney — Zobrak’s education background includes BA, Geneva College and M.Ed, U of Pittsburgh.

According to Kichline and Klarich, Zobrak has held meetings with the attorneys representing the township and TTPA. It was unclear how many meetings have been held and/or how often. Although I am sure both sides hope that a resolution is forthcoming, there was nothing definitive stated as to when that might happen. For the record, I called Zobrak’s office and left a voice mail – I will update if I receive a response.

The biggest roadblock in collective bargaining contract disputes these days is health care benefits (in addition to salaries). Certainly health care benefits were an important component in the recently settled T/E teacher contract negotiations. Appreciating the current economic environment, the teachers agreed that their generous healthcare plan of the past was no longer possible, changes were made in their teacher’s contract accordingly. Considering the healthcare provisions of the former TESD contract, made it even more surprising to learn the details of the health care benefits of TTPA.

If some residents were bothered by the health care benefit package contained in the previous TTEA contract, I think they would be shocked at the level of TTPA health care coverage. Currently, all Tredyffrin police officers receive free full lifetime health care benefits for themselves and their families after 25 years of service to the township. At present 52 retired police officers and families, receive full free healthcare in Tredyffrin Township. In addition there are a number (not sure of the exact count) of currently employed police officers that are in the 25+ years of service who will receive this lifetime healthcar coverage under the conditions of the existing contract.

The lifetime healthcare benefits of TTPA constitute the township’s $40M unfunded liability. According to Kichline, the lifetime health care benefits afforded members of TTPA in their current contract, is not found in most other area municipal police contracts. Here was an interesting twist — I assumed that any change to the current health care benefit of TTPA would affect new hires only (similar to what is being discussed in Harrisburg as it relates to the pension situation, where changes would not affect those employees already in the system). It is possible (however, probably not likely) that the independent arbitrator could change the lifetime healthcare benefits to affect not only new hires, but also include TTPA members already receiving these benefits. As I have previously stated re the state pension, I support changing the benefits for new hires but not for those employees already in the system. I am of the same opinion that the same should hold true for members of TTPA. The healthcare benefits should only be changed for new police department hires – however that means the township still has the $40M unfunded liability ‘noose’ around its neck!

We spent much time during the meeting discussing the township’s $40M unfunded liability. In the proposed 2013 preliminary budget, Klarich has increased funding from $250K to $500K as a way to start to buy down this debt. A couple of the residents in attendance were advocating for a greater yearly contribution, say $2M annually, as a way of addressing the $40M debt.

Personally, I think there should be a degree of concern that this enormous liability of $40M could have an adverse effect on the township’s current AAA bond rating. On the other hand, is it reasonable to expect that Moody’s would view the township’s yearly $500K contribution favorably and continue to award the township with its gold star rating? Remember at $500K/year, it will take the township 80 years to reach that $40M mark.

Knowing that the township has an open issue on the TTPA labor agreement and the $40M unfunded liability, what is the answer? I get it that we all want to keep the highest level of service in our community and pay nothing additional for those services, but practically speaking that is not possible. Beginning in 2015, the state is requiring all municipalities to include their unfunded liability in its accounting.

There are few avenues available to the township to handle the staggering debt beyond an increase in our real estate taxes … except for the option to institute an Earned Income Tax. Unlike the School Board, the township supervisors would not need a voter referendum to institute this tax. The topic of EIT was brought up at the meeting, there appeared to be little interest in furthering the discussion. Although not seen as a favorable option by some, shouldn’t there be serious consideration given to an EIT?

How many Tredyffrin residents work in another jurisdiction that has an Earned Income Tax? If they do, the EIT dollars the Tredyffrin resident pays stays in that jurisdiction because our township does not have an EIT. There has always been much misunderstanding about who would pay an EIT but unearned income, such as Social Security, interest, dividends and pensions are exempt from the tax unlike an increase in property tax which affects all homeowners, whether they are on a fixed income or not. I have struggled to understand why it is that the supervisors are reticent to consider the option – especially considering that most of our neighbors have an EIT and many of our residents are already paying this tax. Millions of dollars leave Tredyffrin in EIT payments, helping to subsidize the budgets of neighbor’s budgets.

The proposed 2013 preliminary budget for includes a 5.5% tax increase in addition to a decrease in the police staff. Part of the rationale behind not replacing police staff is that any new hires will come in under the conditions of the last TTPA contract, which includes the lifetime healthcare benefit. If the arbitrator were to come back with a contract that removes the lifetime healthcare benefit, it would be financially better for the township to wait until after the new contract is signed before hiring new police staff.

Again, no one wants to pay additional taxes but how much longer will it be OK with Tredyffrin residents to see their services reduced in order to balance the township budget? What happens if the $40M unfunded liability jeopardizes township’s AAA bond rating? And what about capital improvements, ongoing maintenance and infrastructure needs of our community? With residential and commercial real estate transfer revenue way down, what is the funding solution for Tredyffrin … if it isn’t raising real estate taxes or instituting an EIT? What’s the answer?

What about the Tredyffrin Township resident who pays EIT to another municipality when it could be helping this community? How does that resident feel – below are comments from John Petersen, a resident who pays EIT to a neighboring municipality:

Ever since the Tax Study Commission Report of 2006 was released, I’ve called it an intellectually dishonest exercise. I said that and continue to say that because of the factors that were willfully ignored. The unfunded pension liability under discussion was one of those factors. Back then, the unfunded liability was estimated to be around $25MM. As predicted, in a short amount of time, that figure has doubled. I remember Bob Lamina prophetically saying at a BoS meeting that this issue was the most significant one facing the township and the township will have to face up to this impending reality.

I pay an EIT – as do thousands of Tredyffrin residents. I for one am tired of being disenfranchised by this government – a government run by the TTOP proletariat that refuses to discuss an EIT. Not that the points have to be enumerated again, I will do so here:

  • Many pay an EIT already
  • Surrounding governments plan their budgets around the fact that Tredyffrin DOES NOT levy an EIT (read as we subsidize other townships)
  • Had an EIT been levied years ago, part of the unfunded liability could have been paid off
  • An EIT is the only means of providing property tax relief
  • At least one large company (Shire) is leaving Tredyffrin for East Whiteland (that does levy an EIT)

Indeed, there are some who will be adversely affected. Those who live in and work in Tredyffrin. I believe that to be an extreme minority of people. Regardless, the realities of the situation are such where an EIT must be discussed.

I won’t bother getting into who one particular political organization has sucked the oxygen out of the room re: stifling the conversation or how the opposing party has succumbed to fear by adopting the same philosophy re: the EIT.

Bottom line – I pay tax dollars that could make their way to Tredyffrin. The local government is denying that right and in the process, disenfranchising those like me who already pay an EIT.

Maybe at long last, there can be an honest discussion.

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T/E School District: Surplus $3.9 Million in 2011/12

November 13, 2012
36 Comments

Ray Clarke attended T/E School District Finance Committee on Monday night and provided his notes for Community Matters readers. After reading his notes, I spoke with Ray for clarification as I could not quite believe what I was reading. The 2011/12 actual expenses of the T/E School District were $5.5 million less than the District forecasted in June 2012. The District revenues were also less than the June 2012 forecast. Factor in the reduced expenses and reduced revenues and the District has a surplus of $3.9 million in 2011/12. Wow!

How could it be that the District financial forecast was off by nearly $4 million! We knew that the change in the medical insurance would be a cost savings but it is surprising that the surplus was so significant. The District has added the $3.9 Million to the General Fund Balance.

Ray’s Finance Committee Notes:

Monday’s Finance Committee meeting was most notable for a review of the full year 2011/12 finances in conjunction with a presentation of the draft audit. It turns out that a number of things broke in favor of the district.

The table below compares the forecast for the full year 2011/12 when 2012/13 budget was approved in June with the actual outcome and with the 2012/13 budget (figures in $ million, rounded)

11/12 Forecast 11/12 Actual 12/13 Budget

Revenues 106.4 105.6 109.2

Expenditures 107.2 101.7 110.3

Budget Imbalance (0.8) 3.9 (1.1)

So, expenses for the year to June 2012 turned out to be $5.5 million less than forecast in June 2012. (And about that amount less than budget).

Administration provided detail of the major drivers of the saving versus budget:

  • Lower Healthcare benefits: $1.8 million
  • Fewer teachers: $0.4
  • Lower tuition reimbursement: $0.3
  • Less natural gas usage: $0.4
  • Transportation savings: $0.3
  • “Breakage” $0.8
  • Other salary savings: $0.3

Total $4.3

“Breakage” is cost saving due to unexpected retirements, resignations, etc.; replacements are likely lower cost and there can be interim cost savings.

Clearly the final benefits accounting takes a while, but it seems quite likely that the 2012/13 budget and associated tax increase might have been predicated to at least some extent on an artificially high baseline. As Neal Colligan pointed out to me, there needs to be strict oversight to ensure that the current year expenses do not inflate by a whopping $8.6 million to the budgeted $110.3 million.

The $3.9 million surplus goes into the now ~$25 million general fund balance, with the $1.8 million benefits saving planned to be committed to medical plan rate stabilization and the remainder to the ever-open PSERS rate stabilization fund. On that score, it was announced that there’s a new GASB requirement that in 2015 districts must recognize on their balance sheet their share of the $27 billion unfunded PSERS liability. (Perhaps someone can work this out for TE, based, say, on TE’s % of teachers and a 50% share of the liability?). [Note also that in the year to June 2012 PSERS returned 3.4% compared to the 7.5% built into the system’s accounting used to calculate that $27 billion].

And this continues on to the 2013/14 budget, which will be rolled out at the next Finance Committee meeting on December 10th. It looks like we need to step up efforts to ensure that votes for tax increases are based on realistic projections.

On other matters, the Board continues with plans to harass tax-exempt non-profits. An outside attorney is being used to review and identify property owners that will be sent a letter and questionnaire to confirm tax exempt property use in the light of changes in the state law. This letter and questionnaire will be discussed at the January Finance Committee. The Committee has already determined that the a large percentage of the total are parcels owned by government entities (like the district itself) and for rights of way. Also, the district is planning to extend for six years the transportation agreement with Krapf; as presented, the terms looked reasonable.

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