News
(posted october 25, 2008)A Closer Look at the GOP’S Distorted Newsletter “Scituate First”
By now, you may have received or read on-line the so-called newsletter of our worthy opponents. Unfortunately, far from containing newsworthy items, it contains many distortions and half-truths. In the spirit of accuracy and fairness, we offer the following rebuttal. Where possible, we link you to the actual documents which support the facts.
STATE PENSIONS AND MR. IVERSON
State pensions are based on total years of service and the average of an employee’s last three years of salary. Thus, when Mr. Iverson inquired in 1995 about the possibility to buy back ten years of service on the Town Council time, his and the town’s share would have been be based on the actuarial value of his ten years of prior service— and his salary from 1992-1995. In fact, the State Pension Board sent the bills to both the town and Mr. Iverson in 1995 (refer to page 49), but they were never paid.
Now, 14 years later, Mr. Iverson’s pension — if approved — would be based on his last three years of service, which means from 2005 to 2008, when he was earning some $75,000 per year. This is why the State Pension Board now calculates that the town would have to pay $183,000 for such a pension. In other words, with only 14 years of state service, his yearly pension would be approximately $18,450 a year or 24.6% of $75,000. However, with 24 years of service, the salary would increase to 48% of 75,000 or $36,000 a year. Now that is quite a return on his investment — and it is quite a deal since you will pay for it!
Anyway you slice, the Town Council, by agreeing to submit a formal Affidavit (refer to page 7)claiming that Mr. Iverson’s failure to contribute to his pension was an “honest mistake” actively assisted him in his case before the Pension Board to increase his total pension time from 14 to 24 years. Further more, we know categorically that it was by no means a mistake, but a deliberate decision by Mr. Iverson not to pay his share of the pension in 1995, small as that share was.
We agree with our GOP Opponents!! “What a deal!” A raw deal for the taxpayers!!! Click here to view the entire pension file at issue and the Town’s affadavit!
TOWN CLERK PEG LONG
It takes 10 years to vest in the municipal pension system. During her 10 years on the Town Council (four of those years serving with Mr. Iverson) Peg Long contributed towards to her pension, as is allowed by law. Unlike Mr. Iverson who was appointed by to his high-paying town job of Works Director by his former Council colleagues, Peg Long later won election to the job of Town Clerk. In that position, she is able to continue to accrue time toward her municipal pension.
Fortunately for us, however, she and the town contributed the required sums from day one! Thus, the Town Council will never have to pay a lump sum to “buy-back” any of her pension time.
FORMER COUNCILMAN MIKE MARCELLO AND LEGISLATIVE PENSIONS
Like Peg Long and five of seven other Council members who served concurrently with Mr. Iverson, former Councilman Mike Marcello contributed to his municipal pension while a member of that body for eights years. Based on his Council salary of $2,000 a year, Mr. Marcello’s contribution was $70 a year and the town share was about $150 a year.
Since Mike only served 8 years on the Council, he never vested in the municipal retirement system, which requires a minimum of 10 years of service. Thus, contrary to the GOP newsletter, Mike is not even eligible to receive a municipal or state pension.
The GOP also falsely claimed that Mr. Marcello could become eligible for a state pension based on his expected years of service in the State Legislature. Wrong again! The Rhode Island Constitution states: “No senator or representative shall be eligible for any pension on account of service in the General Assembly after 1994” Article 6, Section 3.
Thus, no time that Mr. Marcello serves in the General Assembly will count toward a municipal or state pension system. His pension, if elected, is easy to calculate: ZERO!
APPEARANCES MATTER!
When the Scituate Democratic Town Committee learned that a member of the Town Council, who was related by marriage to Mr. Iverson, actually voted in support of an Affidavit that would help the former public works director to get a 24 year pension, something didn’t seem right.
After carefully reviewing the Rhode Island Ethic Code and discussing it with our members, the Democratic Town Committee unanimously voted to file an Ethics Complaint. We did not take such action lightly, but we believe that the people of our town deserve honest and ethical government from all of its elected leaders. (click here for more details)
Violating the State Ethics Code is not a mere appearance of impropriety, but a breach of the public trust. It is not just a mistake, but a clear lack of judgment. If it was truly baseless and politically motivated, the non-partisan State Ethics Commission would have dismissed that action outright. Instead, the Commission members unanimously found that there was sufficient cause to believe that a violation of the State Ethics Code had occurred, and they voted for a full investigation.
Now that’s more than just the appearance of impropriety, isn’t it?
As we see, the GOP are not terribly concerned about truth or accuracy in their public comments. Contrary to their accusation, it is they who appear to be slinging mud. It’s great to put “Scituate First.” But it’s even greater to put “Facts First,” too.
(posted october 25, 2008) A Letter from the 2008 Democratic Candidates to the Voters of Scituate
Dear Fellow Citizens of Scituate:
As we all know, the nation, the State of Rhode Island, and the wonderful Town of Scituate face daunting issues on the horizon. Together, we need to face these challenges with hope, teamwork, and unshaken confidence in our elected officials.
The Scituate Democratic team is comprised of firefighters, doctors, lawyers, retirees, working parents, educators, and stay-at-home Moms. We are your neighbors and friends. We are members of the community who have committed time and energy to attend town meetings, to study the issues, to listen to various opinions, and to advocate fairly. In short, we are a voice for all the people, regardless of political affiliation.
Today we stand on the precipice of an uncertain future. But we will not allow fear to dictate our decisions. Rather, we will continue to insist that we do everything possible to ensure that you, the citizens of this town, are well and fairly represented. And to this end, we will continue to push for full accountability and transparency from our elected officials. You deserve no less.
We, the Democratic candidates for office, respectfully ask for your vote on November 4. For more information about who we are and our plans for the future, please visit www.scituatedemocrats.org.
Sincerely,
| John Tessitore | Michael Marcello | Peggy Long | Richard Kells | Laura Maguire |
| Don Campbell | Pam Carosi | Sara Hutchings | Kirk Rerick | Peter Garofalo |
| Allison Nugent | Janine Griglevich | Dr. Carol Leavitt | Marc Miller | Mike St. Pierre |
| Neal Drobnis | Cheri Costa Marsocci | Patty Patterson | Karen Marcello | Barbara Cuniff |
| Kara Fay | Patricia Aubee | Barbara Stetson | Ann Huntoon | Judith Weidenbacher |
(posted october 8, 2008) United States Senator Jack Reed and United States Senator Sheldon Whitehouse to Attend Open House for Mike Marcello
United States Senator Jack Reed and United States Senator Sheldon Whitehouse cordially invite you to attend an Open House in honor of Michael J. Marcello, democratic candidate for State Representative District 41. The event will be held on Sunday, October 12, 2008 at 3:00 at the home of Carol Costa and Steven and Cheri Marsocci, 161 Rockland Road, North Scituate, Rhode Island. Requested donation is $50 per person or $75 per family.
(posted september 27, 2008) Help Elect Mike Marcello to State Representative!
We stand on the precipice of change in this historic election cycle. Now, more than ever, the decades of hard work done by this party are about to pay real dividends; in particular our own Michael Marcello will capture the seat in the general assembly which has been long out of reach for us. His election to this seat will be nothing short of extraordinary, as this seat has been a seat of power and influence for the Rhode Island GOP. Up to now this seat has been held by minority whips and minority leaders going back some 30 years. This reality can not happen without your support. We do not have to remind everyone of the tireless efforts Michael has engaged in throughout the years on our behalf. As always, Michael is doing his part by knocking on doors and greeting the voters face to face but now he needs your support. We must get his message out via mailings and advertisements and as you know the cost of doing so has increased tremendously since the previous election. Do not let this opportunity to give back to one of our greatest champions pass by. Let us pull together for change.
We have two more fund raising events on our schedule and hope you will be able to attend at least one. The first event will be this Thursday evening at Antonio's Trattoria; 1710 Cranston Street, Cranston from 5:30 ~ 7:30 pm and the suggested donation is $50 per person. The final event will be held on Sunday, October 12th at our home; 161 Rockland Road, North Scituate from 4 ~ 7 pm. The price for this event is also $50 per person and $75 for a couple or family. As most of you know our home is very family friendly so you are welcome to bring your kids along. With your donation we will have the funds we need to get Michael's message of reform out to the voters of Scituate and Cranston!
Thanks for all you do,
Carol Costa and Cheri Costa Marsocci
(posted august 21, 2008) Scituate Council Urged To Withhold $183,000 Pension Buyback
By JOSEPH R. LaPLANTE, Valley Breeze & Observer Managing Editor
SCITUATE - The taxpayers had their turn last Thursday night at the Town Council meeting to react to news that their former Department of Public Works director needs $183,000 of their money in order to fully collect on a pension that neither he nor the town contributed to for one half of the time he collected a public paycheck.
None favored the payment, with the general sentiment being that Richard A. Iverson made his own bed and should sleep in it.
The Valley Breeze & Observer reported the story that day of the council meeting. In it, Iverson conceded, "It was a foolish move on my part, but there was no deadline involved at that time."
On Thursday night, Richard Finnegan, a local lawyer who has sued the council over its appointment of a new police chief without first conducting a search and advertising the job, told the seven council members, "I find it appalling that the council will pay in $183,000 because a man did something foolish."
Iverson's payment would be about $2,000 and the taxpayers' share $183,225, according to letters sent to him and the town by the Employees' Retirement System of Rhode Island.
Neither Iverson nor the town paid a dollar into the state's pension system for the 10 years that Iverson, a Republican, held a seat on the Town Council. He and the town subsequently paid into the state pension system when Iverson was appointed by his former colleagues to the post of DPW chief, a period of 10 years until his retirement last May.
The requested payments would "buy-back" the years Iverson and the town should have been deducting his future pension from his bi-weekly pay checks as a council member.
Democratic council candidate Richard Kells raised the issue after town officials denied his access to the town's records regarding Iverson's pension. He has filed a complaint with the Attorney General's Office, alleging town officials violated the Open Records Law in denying his written requests.
Kells also suspected that the council had secretly voted to pay the retirement board's request for $183,225. Council President Robert Budway, however, said on Thursday that the council has not voted to allocate funds to pay the bill.
Neither Budway nor other council members, however, ruled out doing so.
"When the $183,000 bill was presented to us, I think I can say we were all taken aback," Budway said.
"The pension benefit is based on the last three years [of Iverson's employment] and his wage was much higher," Budway said - $77,258 in 2005; $76,028 in 2006, $75,042 in 2007 and $38,225 in 2008, according to his filing with the retirement system. He earned $600 a year as a council member.
"The $183,000 is not reflective of his 10 years on the council but reflective of his employment by the town ... Despite what my feeling is, is he entitled to this?"
Council member Wayne Salisbury said that during a closed session in April the council learned "a great deal of information that was shared with us by the pension board ... if he is eligible this particular bill reflects what we would have to pay."
Salisbury explained that the law controlling the issue is unclear in the case of town council members across the state with some now eligible to buy back only five years of credits and others eligible to buy back 10 years. Salisbury said he thinks that Iverson should be allowed to buy back five years.
Michael Marcello, an attorney and a candidate for state representative, said that when he served on the council he opted in to the state's pension system and that he believes that Iverson had the same opportunity but failed to either join the pension system or opt out of it.
A sticking point for those opposed to the town paying the $183,225 is a record provided by the pension board that showed Iverson inquired about buying back pension credits for his 10 years as a council member when he left the council.
He explained the legal doctrine of estoppel applies: "If you know your rights and fail to exercise those rights you lose those rights."
When Iverson applied for a status of his retirement benefits on Feb. 28, 2008, it was his second inquiry. In 1994, after he had left the council, he asked for and received an invoice for $1,049.93 to buy back his years on the council plus interest. The taxpayers' share would have been $1,220.72 at that time.
Despite the retirement system's notification, the town and Iverson did not pay to buy back the time. Iverson has also inquired about buying back pension credits for military service, but had not paid that bill for $25,000, either by last week.
Kells also has inquired about an affidavit signed by Council President Budway that was authorized at a special meeting held by the council on April 24 by what Budway disclosed Thursday night as unanimous. The affidavit was sworn to on May 1 by Budway, the day before Iverson was to officially retire. Sandra B. Young, former deputy town treasurer, notarized the document.
The affidavit was submitted by the town to the Employees' Retirement System of Rhode Island and stated that Iverson had been a "full-time employee of the town since Jan. 14, 1994."
It continues, "That a review of the employee records of the town of Scituate indicates that Richard Iverson was not a contributing member of the Municipal Employees' Retirement System from 1983 through 1992."
"Based on information presented to me, the failure of Richard Iverson to be a contributing member of MERS for the time period referenced ... was due to inadvertence, mistake and excusable neglect on behalf of the town of Scituate and/or the employee, Richard Iverson."
Finnegan, Marcello and others pressed the council on Thursday night to identify the "mistake" or either the "inadvertence" or "excusable negligence." Budway offered that by not opting to join the retirement system as a council member Iverson had made a mistake.
The Employees' Retirement System responded to Budway on May 12, ten days after Iverson had retired. Executive Director Frank J. Karpinski wanted to know why Iverson hadn't resolved the matter 14 years earlier when the same question was posed and a less expensive remedy was available.
"In 1994, an inquiry was made by Mr. Iverson and the town of Scituate regarding a request for purchase credit of prior service by Mr. Iverson for time he spent on the Scituate Town Council from 1983 to 1993. In 1995 the town and Mr. Iverson were billed for this time. No payments were ever made to ERSRI by either the town or Mr. Iverson. Recently, 14 years later after the original request, this same request was presented to ERSRI. The only differences are that now the amount due has increased significantly and the requests go through a process which helps ERSRI in the decision making process." He later identifies the required affidavit as the second change.
Budway attempted to excuse the affidavit. Asserting that it is form "fill in the blanks document" that leads him to believe others have also attested to the same.
Marcello cautioned Budway that an affidavit is still a sworn document and carries legal weight.
"I believe this council should not pay that $183,000," Finnegan urged the council. "He knew he owed that money. He was neglectful. It is not the council's problem. It is Mr. Iverson's problem. Do not make it the council's problem."
Marcello said that the council should exercise the same "fiduciary duty" as the retirement system is exercising in its query about what Iverson failed to do 14 years ago, and how his position has changed.
Budway said that Iverson has said he does not recall being offered the right to join the state pension system or the option of opting out of it.
Barbara Stetson, a retired public employee, told the council that she took care of her responsibilities to secure her pension in a timely manner and now receives it.
"Mr. Iverson, the barn was closed, the horse was away," she said. "If he didn't do it, the responsibility was his to do it. He is going to have to bite the bullet."
Council member John Winfield objected to the public discussion of Iverson's pension predicament.
"We are holding a court without the defendant," he said.
Finnegan asked the council if its members were aware that the Town Treasurer's Office had already "requested" of the retirement system "that the $183,225 be included in its employer rate. Is the council aware of that?"
No answer was forthcoming from the council members.
(posted august 14, 2008) Iverson, Council Failed to Contribute to Pension During His Council Years, Scituate Could Now Face $183,225 Bill
By JOSEPH R. LaPLANTE, Valley Breeze & Observer Managing Editor
SCITUATE - For former Public Works Director Richard A. Iverson to collect a pension from the Municipal Employees' Retirement System that covers his years as a Town Council member two decades a ago, he must first pay $2,000 and the town's taxpayers could pay as much as another $183,225, according to bills sent to him and the town by the Employees' Retirement System of Rhode Island.
Neither Iverson nor the town paid a dollar into the state's pension system for him the 10 years that Iverson, a Republican, held a seat on the Town Council, according to retirement system records provided to The Valley Breeze & Observer.
The requested payments would "buy-back" the years Iverson and the town should have been deducting his future pension from his council pay checks and entitle him to pension payments for the rest of his life.
Democratic council candidate Richard Kells told The Valley Breeze & Observer on Friday, Aug. 8, that he thinks the Town Council has already voted a payment of anywhere from $100,000 to $183,225.53 (the amount billed as of Feb. 28, 2008). But, Kells has been unable to find any public record of the vote.
"This is clearly public information," Kells told The Valley Breeze & Observer. "I want to know whether the council has paid that $183,225 or settled and paid Mr. Iverson less."
Town Council President Robert Budway told the newspaper on Tuesday, Aug. 12, that the council has not voted to pay any portion of the $183,000 "although we feel we have an obligation to do so."
"It was discussed in closed session and I don't want to say anything about what was discussed that I shouldn't say," Budway said. Nevertheless, Budway added the council authorized him to file an affidavit with the retirement system that concedes that either the town or Iverson made a mistake by not enrolling Iverson in the pension system when he sat on the council.
"When the council took the vote the council understood in sending in the affidavit the council ws approving the expenditure of that money if the state determines that he is eligible for that," Budway said.
Iverson told the newspaper on Tuesday, Aug. 12, that he has yet to receive a retirement check because of the gap created by the lack of payments into the system from 1983 to 1994.
The situation has roiled the town with unsubstantiated rumors, which led Kells to try to find out what has actually occurred. He said he has run into stonewalls in his attempts to secure what he contends are public records.
Having been denied access to Town Hall records he contends are public, Kells in a letter dated Sunday, Aug. 3, submitted a complaint to Rhode Island Attorney General Patrick Lynch, alleging that Town Treasurer Theodore Przybyla and Town Clerk Margaret Long, backed by a legal opinion from Town Solicitor David M. D'Agostino, violated the state's Access to Public Records Act by not releasing the records to him.
The Feb. 7, 2008 retirement application was the second time that Iverson had attempted to buy back pension time. In 1994, after he had left the council, he asked for and received an invoice for $1,049.93 to buy back his 10 years on the council plus interest. The taxpayers' share would have been $1,220.72 at that time.
Despite the retirement system's notification, the town and Iverson did not pay to buy back the time. Iverson was appointed by his former council colleagues as director of the town's Department of Public Works shortly after he did not run for re-election.
According to the employees' retirement system, Iverson applied to become a member of the state's municipal retirement plan on Jan. 18, 1994. At the same time he failed to pay the bill to buy back his 10 years as a council member, which would have been substantially less for the town.
Asked why he didn't act at the time, Iverson told the newspaper on Tuesday, "It was a foolish move on my part, but there was no deadline involved at that time.
"When I did approach them about it later the rules and regulations had changed and I would have been allowed to only buy back five years of the 10 years that I served on the council."
Kells also has inquired about an affidavit signed by Council President Budway that was authorized at a special meeting held by the council on April 24. The affidavit was sworn to on May 1 by Budway, the day before Iverson was to officially retire. Sandra B. Young, former deputy town treasurer, notarized the document.
The Budway affidavit was submitted by the town to the Employees' Retirement System of Rhode Island and stated that Iverson had been a "full time employee of the town since Jan. 14, 1994." Treasurer Przybyla had submitted an identical affidavit last winter but then withdrew it asserting in a March 24 letter to the retirement system's attorney, "Subsequent information has come to the attention of my office that warrants additional review and further investigation. Every effort will be made to expedite review of the recently uncovered documentation so that the affidavit can be resubmitted in a timely manner."
The Budway and Przybyla affiadavits said: "That a review of the employee records of the town of Scituate indicates that Richard Iverson was not a contributing member of the Municipal Employees' Retirement System from 1983 through 1992."
"Based on information presented to me, the failure of Richard Iverson to be a contributing member of MERS for the time period referenced ... was due to inadvertence, mistake and excusable neglect on behalf of the town of Scituate and/or the employee, Richard Iverson."
The Employees' Retirement System responded to Budway on May 12, ten days after Iverson had retired.
Executive Director Frank J. Karpinski wanted to know why Iverson hadn't resolved the matter 14 years earlier when the same question was posed and a less expensive remedy was available.
"In 1994, an inquiry was made by Mr. Iverson and the town of Scituate regarding a request for purchase credit of prior service by Mr. Iverson for time he spent on the Scituate Town Council from 1983 to 1993. In 1995 the town and Mr. Iverson were billed for this time. No payments were ever made to ERSRI by either the town or Mr. Iverson. Recently, 14 years later after the original request, this same request was presented to ERSRI. The only differences are that now the amount due has increased significantly and the requests go through a process which helps ERSRI in the decision making process." (He later identifies the required affidavit as the second change.)
On March 19, the retirement system responded to Iverson that his request to buy back the 10 years that he and town did not pay into the system would cost the town's taxpayers $183,225 in missed payments and interest.
"I want to know what the mistake was," Kells told the newspaper. "And when did the council talk about the mistake? The town and Mr. Iverson knew in 1995 when they were billed the original buy-back amounts. They just never paid. And now the taxpayers are being asked to come up with this money. Where is this money coming from? I think the public has a right to know."
(posted july 18, 2008) Przybyla Should Answer to Taxpayers
Story by Richard Finnegan
At the July Town Council meeting, the elected town treasurer, Ted Przybyla, noted that he would no longer answer Perry Mason like inquiries from me regarding his registration of his vehicle in Florida, rather than in his hometown of Scituate, where I and countless other Scituate residents pay local property taxes on our vehicles.
Like Perry Mason, I am interested in just the facts from our town treasurer, but so far he has refused to provide any. Here are the facts as I know them thus far: Several months ago I inquired of the town tax assessor why Mr. Przybyla was driving around with Florida plates. I was told she would look into it, and within days of my inquiry, Mr. Przybyla re-registered his car in Rhode Island thus subjecting himself to our state car tax. At the June Town Council meeting, I questioned the treasurer directly, and asked if was going to pay his back car taxes. He replied that paying his back taxes would be hard to calculate since, according to him, the car was sometimes garaged in Florida while he was working in the state for a condominium development company and that he commuted to Florida three days a week! (In accepting a finance position with the city of Woonsocket, he recently told the Woonsocket Call that he has been flying, not driving, to Florida!) At that June Town Council meeting, he further disclosed, after my Perry Mason like questioning, that he had a Florida driver's license as well as one from Rhode Island - an illegal act since Rhode Island does not permit its residents to hold another license from another state. He tried to justify his answer by noting that he owns property in Florida, but this fact, if true, still not does permit him to hold two licenses in our state.
By the July 2008 council meeting, Scituate's elected treasurer had voluntarily surrendered his Florida driver's license to the Rhode Island DMV, but he still had not kept his promise that he would be speaking with the tax assessor to determine, what if any taxes, he owed. When I tried to question him on this fact, he refused to answer any more questions from me and noted that he was not in a courtroom. Well, he is in the courtroom of public opinion, and the people of Scituate, who pay his salary, in part, through their own car taxes, deserve to know if Mr. Przybyla, who is seeking re-election, was attempting to avoid taxes at their expense. While I may not be Perry Mason, I am a Scituate voter and taxpayer and deserve answers, not silence, from my elected officials.
(posted july 13, 2008) Kells Calls for Town Ordinance Requiring Posting and Advertising of All Municipal Jobs
Richard Kells, a candidate for the Scituate Town Council, today called for a town ordinance requiring the posting and advertising of all town jobs. Reacting to the Town Council's recent appointments of a police chief, a deputy police chief, a deputy public works director, and a town treasurer - all without first posting or advertising the job - Kells noted that the time is right to ban such a practice.
"It is hard to believe that this Council has not opened up town employment to a public search process and has failed to allow all interested citizens and current town employees to apply for these taxpayer-funded jobs, especially in this depressed economy," said Kells.
"An ordinance must be passed to prevent this and future Councils from ignoring what is common practice in most other cities and towns. It is simply the right thing to do," said Kells.
Under his proposal, Kells would require all jobs vacancies to be advertised and posted for three weeks before they could be filled. The posting would contain a job description along with a posted salary range.
"My proposal would level the playing field and help ensure that the most qualified people get jobs over the well connected, with a stated salary to prevent the Town Council from rewarding their friends and political supporters with higher salaries at taxpayer expense," said Kells.
Kells noted that "Previous bi-partisan Town Councils required the advertising of jobs as a matter of policy, but the current all-Republican Council has ignored past practice. An ordinance would ensure that there would be no deviation from this simple good government reform no matter what party controlled town government."
(posted july 13, 2008) Michael Marcello Announces Bid for State Representative District 41 (Scituate/Cranston)
Marcello Noted Reformer Eager to Run and Ready to Serve
www.mikemarcello.com
Scituate RI, June 13, 2008 Today, former four term Scituate Democrat Town Councilman Michael J. Marcello announced his candidacy for House District 41. Marcello a candidate for the seat in the 2006 election cycle was narrowly edged out by the incumbent. "The time is ripe for new leadership," noted a confident Marcello. "The problems facing our state are enormous, and we need elected officials who are ready and willing to take on the tough issues, challenge the status quo, and take on the special interests for the common good. My public record is replete with this type of courageous reform."
Marcello, the lone Democrat on the Scituate Town Council for most of his eight years earned a reputation as reformer and a tenacious watch dog who spoke and acted against government waste and favoritism at the municipal level. During his tenure on the Scituate Town Council, he exposed tax-payer funded health care plans for insiders as well as practices that skirted and avoided public input.
"Citizens of District 41 deserve a representative who understands local issues while also recognizing that the old ways are not working any more. Both old and young families alike, are struggling with escalating taxes, high fuel costs, rising food cost, public education cut backs, and higher college and tuitions. They have a government that spends too much. I want to give Rhode Islanders a government that is as efficient and hardworking as the people who pay for it," said Marcello.
"The Rhode Island economy needs to grow, but we will never attract high paying jobs to our state unless we build an educational system that is as flexible and responsive as the global economy that its students will compete in. Cutting funding and basic programs from our schools may provide a short term savings, but it is a recipe for a long term disaster," Marcello noted.
"I want to encourage cities and towns to regionalize services while maintaining the integrity of their municipal boundaries. State government must not stand in the way of local governments that want to adopt cost saving measures rather; it must encourage consolidation and more e-government with incentives and technical support to do it," said Marcello.
"As a life long Rhode Islander, I am hopeful and truly believe that people are ready for change. It is time to end the partisan bickering and blame game, and get the job done. We have an historic opportunity to reform our state government, and we can not let this moment pass us by," said Marcello.
Marcello is a partner at Morrison Mahoney LLP in Providence, and has a degree in government from Colby College, Waterville, Maine. He earned his law degree from American University in Washington, DC and is licensed practice in Rhode Island and Connecticut.
The campaign will have a formal kick-off after the official June filing deadline.
(posted june, 2008) Candidates Criticize Proposed $4 Million School Bond Vote to be Held at Special Financial Town Meeting
Recently declared School Committee candidate Janine Grigelevich today criticized the passage of a House Bill H 8383, which calls for the issuance of up to four million dollars for the "designing, construction, equipping and furnishing of capital improvement, additions, and renovations to the Scituate Middle School complex" and mandates a vote at a Special Financial Town Meeting. The bill, which was requested by the Scituate Town Council and School Committee, and submitted by State Representative Carol Mumford, recently passed the House and Senate and is awaiting the approval of the Governor.
"As a parent of two children who attend the Scituate public schools, I know that money is necessary to address the long-standing deficiencies of the High School/Middle School complex, but the bill's requirement that the vote be held at a special financial town meeting is simply unfair and unwise," declared Grigelevich.
"A bond of this size and importance should be voted on at an all-day special election or, better yet, in the upcoming November elections to allow the vote of all taxpayers to be counted-not just those few who can attend a special meeting," said Grigelevich. "Once again, this Council and School Committee are trying to ram a proposal through at the last minute, and to do so with as little citizen involvement as possible. This is business as usual for this Council and Committee, which has done exactly this time and again in the past. A special financial town meeting ensures that the elderly, the sick, parents with young children, and those who work late or may be out of town will not be able to attend," Grigelvcih. Notably, at the last annual Financial Town Meeting, held in April 2008, only some 300 people attended, out of a town population of approximately 10,000. This will be the third attempt in three years that that the Town Council will try to get voter approval of a school bond. In June 2007, voters rejected a $5.3 million bond issue at a town meeting that allowed for voting at the town hall during the day and then additional voting later in the evening at the high school. However, on that occasion there was widespread protest that the formal presentation of the proposal's specifics did not occur until the very evening of the voting, only after a full day of voting. In March 2008, voters rejected a $9.2 million bond for school improvements and new athletic facilities following a full day of voting at two polling places in the town. "This Town Council and School Committee again have failed to properly educate and publicize their plans, and they are trying to make up for it by holding a vote at a special financial town meeting, hoping that they can get it through with a small cadre of voters. I am outraged over their lack of commitment to the public will, and their unwillingness to hold a fair, broad-based election," noted Michael Marcello, a lawyer and former Town Councilman who has declared his candidacy to replace Carol Mumford as State Representative. "Both the School Committee and the Town Council are once again showing their contempt for the voters and taxpayers of Scituate. We certainly need to address the problems at the High School and Middle School complex, but we need to do so in a thoughtful and fair way that ensures that all concerns and opinions are counted. Only an all-day referendum does that. It is what the taxpayers have demanded in the past, and it is what they have a right to expect from their elected officials," said Grigelevich.(posted june, 2008)Ethics Questions Surround New Treasurer Position for Pryzbyla
Democrats cry foul at all-Republican vote, article by JOSEPH R. LaPLANTE, Valley Breeze & Observer Managing Editor
SCITUATE - The Town Council has merged the jobs of part-time elected Town Treasurer Theodore J. Pryzbyla and the soon vacant full-time deputy treasurer, and raised Pryzbyla's pay by $59,842 to $75,000 per year, over the objections of opposition Democrats and several residents.
The treasurer asked the state Ethics Commission for an advisory opinion for the Town Council that arrived about 5 hours before the Thursday, June 5, meeting where the council voted 6-2 in favor of the assumption of the deputy treasurer's duties by Pryzbyla, and voting him a 395 percent pay raise. Council member John Winfield Jr. opposed the measures, protesting the last-minute nature of the vote that prevented him from reading the ethics opinion fully and prudently considering it.
"Once again I get something dropped on my desk five minutes before I have to make a decision," Winfield said. "I'm sick of it." Local attorney Richard Finnegan and former Democratic council member Michael Marcello, also an attorney, had cautioned the council at an earlier meeting that it may violate both state law and ethics rules by taking the actions.
Ethics Commission attorneys, however, told Pryzbyla, 53, a Republican in his sixth, two-year-term, "a municipal elected position is not prohibited from accepting an offer from the Town Council that will expand his position as treasurer from that of a part-time to a full-time position, with an associated increase in salary commensurate with the expansion of his duties." The opinion will go to the commission on June 17, where members can approve, disapprove or amend the advisory.
At the council meeting on Thursday, June 5, Marcello and Finnegan cautioned the all-Republican panel that the Ethics Commission opinion "does not address whether any state statute or regulation or municipal ordinances, policies or regulations prohibit such activity." Finnegan has contended that by not utilizing his authority as treasurer to appoint a deputy treasurer with the concurrence of the council that Pryzbyla has effectively appointed himself and gained a substantial pay raise, possibly in violation of state law. At least on the ethics side of the matter, Pryzbyla is protected from a violation by the Safe Harbor Rule, which is in place to protect petitioners who act on an advisory opinion that is later rejected or amended by the commission, Town Solicitor David D'Agostino said.
Several members of the public who attended last Thursday's session questioned when the council discussed the possibility of having Pryzbyla, an elected official, assume the duties of the deputy treasurer. Council President Robert Budway responded that council member Wayne Salisbury broached the idea with Pryzbyla sometime in May. Democrats, notably Town Clerk Margaret M. Long, allege the decision and discussion occurred at a Republican Town Committee meeting. Budway has denied that occurred. Budway and other council members asserted that Pryzbyla possesses the experience and academic credentials to perform the combined tasks and to garner a higher salary elsewhere.
Pryzbyla was out of town for the meeting, but contacted later by The Valley Breeze & Observer, he said that he earned a bachelor's degree in finance and master's degree in finance from Bryant University and that he has been working toward his doctorate at the school, being at the dissertation stage. He was employed for several years as the chief financial officer for the Rhode Island Convention Authority and by a Providence-based real estate development company that assigned him to a project in Florida. Pryzbyla's Florida connection was raised at Thursday's meeting by Finnegan, who contended that Pryzbyla is driving a car with Florida plates. Marcello speculated Pryzbyla could be attempting to evade paying excise tax.
Pryzbyla told The Valley Breeze & Observer that he registered one of his vehicles in Florida because he had been spending a few days a week there on assignment by the development company. He told the newspaper that his three other vehicles are all registered in Rhode Island. Marcello also asserted that he had learned that Pryzbyla has applied for the positions of director of finance in Smithfield and town treasurer in Foster. Pryzbyla told the newspaper he is dismayed that applying for employment would become general knowledge.
When Budway proposed that Pryzbyla receive $75,000 per year, a full $6,439 per year more than outgoing Deputy Treasurer Sandra Young, several people in the audience laughed derisively. Referring to an earlier statement by Budway that allowing the part-time treasurer to assume the full-time duties of deputy treasure would be a "cost saving" move to secure valuable service at a time when the town is facing dire financial straits, Marcello asked, "Where are the savings?"
Finnegan wanted to know where the extra $6,439 is coming from as Financial Town Meeting voters in April approved the salaries for fiscal 2009 and this council action to change the office of treasurer in duties and pay never came before the voters. Budway said he believes the extra money can be transferred from the town's consultant's line account. "This sounds to me like we're basically going to give someone a job that needs a job," Marcello said. "This stinks to high heaven."
The question of when the move came up was posed again without a clear answer provided by the council. "When did this come up? Who approached the treasurer? Who spoke to whom? Where did this come up?" Marcello asked in rapid succession. "The fairer way to do this was to bring it up with the budget." Finnegan, with increasing tenor, asked Budway, "Where is this money coming from?" When Budway ignored the question and attempted to move on to another member of the audience, Finnegan asked the question again and again, louder each time. "I will respond to all the questions at one time," Budway said.
Eventually Budway said he believes the extra money can be transferred from the town's management and consultant line account. But he said, "I don't know specifically." Finnegan argued that the extra money must be appropriated for the post by town meeting voters because they had approved a budget for the town. "The people don't expect us to go 100 percent by the budget," Budway said. "We need to make decisions based upon changing conditions ... If we sat here in a static way is not in the best interest of the job ... We are not operating in a 100 percent democracy where the voters vote on every issue." Finnegan replied, "This is a democracy and we the people voted for a budget at the Financial Town Meeting and that is what we expect you to do."
The question of who approached who was partially answered when Budway disclosed that Salisbury "approached Mr. Pryzbyla and encouraged him to take the position and told him it would be in town's interest if he steps up." Barbara Vennerbeck urged the council to "follow Mr. Winfield's request and study this and take more time." The issue of the involvement of the Republican Town Committee surfaced a couple of times during the meeting. Budway finally said, "The perception that the town committee is calling all the shots is not happening."
Marcello observed that as an elected official Pryzbyla can work as few or as many hours as he wants. "You can't require him to work, because he is elected," Marcello said. Budway answered, "If Mr. Pryzbyla isn't doing his job I will lower his pay."
"You can't do that," Marcello said. "He holds an elective office. You have no control over him." Asked if the salary for Scituate town treasurer is now $75,000 per year, solicitor D'Agostino said "It would be $75,000. Future councils could change that." Benefits will be provided to Pryzbyla, Budway conceded after first asserting he didn't know if Pryzbyla wanted them. Budway said that Pryzbyla wants to receive medical insurance. Some in the audience drew a comparison to Long, who waited 15 months before receiving medical insurance coverage when she was first elected, a delay that she attributed to "politics."
"It was because I was a Democrat sitting in this seat and not a Republican," Long said. "Every other town clerk had received it."
Winfield said as the meeting wound down and the vote on Pryzbyla's salary neared, "I've never driven drunk, but I get that feeling tonight. We are driving all over the place."
© 2008 Breeze Publications, Inc. All Rights Reserved
(posted june, 2008) An Open Letter from the SDTC Chair
Dear Friends,
Well, when you think it can't get any worse, our illustrious Town Council has gone and done it again! This time they have decided that they would give one of their own a $60,000 pay raise - for a job that has no set hours, that has historically been filled part-time, and that is an elected position!!
That's right, the Town Council has just quadrupled the salary of GOP Town Treasurer Ted Pryzbyla from $15,000 per year to $75,000 per year (NOT including his benefit package). This is more than $6,000 greater than what the Town had been paying for the Treasurer and the Deputy Treasurer combined. Not only that, but the Council recently decided that this new salary would be effectively immediately - even before the Deputy Director is scheduled to retire. So we are paying many thousands of dollars more! Amazingly, with the kind of disregard for truth that we have come to expect from this Council, they have actually stated that this move will "save the town some money"!
You can read the entire story from the June 12 issue of the Valley Breeze & Observer right here on our website. Unfortunately, not enough people in our town read the Observer or follow the machinations of the Town Council. We must make our fellow citizens aware of how their rights and money are being misused! I am convinced that once they know how poorly they are being served, they will be outraged. In fact, over the past few weeks I have met and heard from dozens of people who have never been involved in Scituate Democratic politics who have asked me to keep them informed, and have declared their support for our party and our candidates. Clearly, this town is ready for change!
This is why I am asking for your help. The Scituate Democrat Town Committee is preparing to field a strong slate of candidates to challenge all seven GOP Town Council seats and the two School Committee vacancies. As to the School Committee, their recent behavior over the elementary school music program has earned them scathing reviews from hundreds of Scituate families. Never before have we witnessed such deep dissatisfaction with the School Committee, which bodes will for our candidates in November. But to get our message out, and to overcome the well-funded GOP political machines, we need your financial support.
And we need it now more than ever. We want people to know that our Republican Town Government has:
FAILED to resolve the ten-year property tax dispute with the Providence Water Supply Board, which threatens our collective future.
FAILED to present voters with a reasonable, well-planned, and cost effective solution to our school overcrowding. As a result of their failure, our middle and high schools have been downgraded from a "warning status" (already a bad sign) to a "Probation status" - thus threatening the future of all of our school age children.
FAILED to realize cost savings by combining the Emergency Management Director with the Department of Public Works Director, as promised in December 2007. Now we are paying large salaries to TWO people to do a job that could be done by one qualified individual.
FAILED to end the "good-old-boy network" that continues to award high paying jobs to the well connected.
FAILED to count all the votes at the April 2008 financial town meeting on the citizen-sponsored motion to restore funding for the elementary school instrumental program. In fact, the Committee Chair brazenly stated that, even if the vote passed, it would NOT restore the program-despite support from some 1,200 town citizens.
We all know that we desperately need to restore integrity and balance to our town government. In the next few weeks the Scituate Democrats will announce our full slate of candidates, but we need funds for mailings, advertising, website development, and other campaign expenses. Contributions can be mailed to: SDTC, Box 442, N. Scituate, RI 02857. We also need citizens to host house parties, neighborhood gatherings, and other grass-roots support to ensure that our candidates are visible. The Democrat Town Committee has worked very hard to recruit qualified and committed candidates. Anything you can do to help us go to go forward with our slate and our platform will be greatly appreciated.
With your help, we can do it together!!
Sincerely
John Tessitore, Chair, SDTC
(posted june, 2008) Democrat Leaders Criticize GOP Decision to Increase Salary of Elected Town Treasurer by 400%
The Chairman of the Scituate Democrat Town Committee, John Tessitore, today blasted the decision of the all Republican Town Council to increase the salary of the elected Town Treasurer, Theodore Pryzbyla, from $15,000 to $75,000 at a special Town Council meeting on Thursday, June 5, 2008.
"In these tough economic times when Scituate families are dealing with job losses, high gas prices, cuts to critical school programs, and a local recession, handing an elected official a 400% pay increase shocks the conscience. I am outraged," said Tessitore.
The current elected Town Treasurer, Ted Przybyla, was re-elected in 2006 to what has been historically been a part-time position in town government with a voter approved current salary of just over $15,000. When his direct appointee and full time deputy Sandra Young, who current earns, $53,412,67, announced her intention to retire by the end of June 2008, Council President Robert Budway and Councilman Wayne Salisbury apparently approached the elected Town Treasurer about assuming her duties in an alleged effort to save money.
"Touted as a cost saving measurer, it is clear that this substantial salary increase does not save the taxpayers one dime. Combining the two salaries of the elected treasurer salary ($15,157.79 + $53, 412.67) and his current deputy totals $68,570.41, yet the new salary of $75,000 or $6,429.39 greater than the combined salary of the two offices" noted Tessitore. "With full time heath benefits, the elected treasurer, who will have to be re-elected this November, will cost tax payers more than $90,000. Where is the savings? asked Tessitore.
"This is nothing more than a GOP effort to help one of their own who is out of full-time job. Luckily, Mr. Pryzbyla and his GOP cronies on the Town Council will have to answer to the voters for this give-away in November," said Tessitore. "I suspect that many residents would like to get elected to a $75,000 position with full benefits, no set hours, and which only accountable to the voters," said Tessitore.
Before facing voters, however, Mr. Przybyla may also face an ethical and legal challenge to this mid-term pay raise. Noting the Mr. Przybyla was elected to a two year term in November 2006 whose salary was voted and approved by votes an the Town's annual Financial Town Meeting in April, former councilman and lawyer Michael J. Marcello stated the a legal challenge is certain.
"I do not believe legally that an elected body, can either increase or decrease the salary of another elected town official during his or her term. Furthermore, the voters already set the elected town treasurer's salary at $15,157 in April 2008, and that is the salary that must remain for the duration of his term," noted Marcello.
"Furthermore, since part of his increased $75,000 salary comes from the stipend approved for the deputy town treasurer, it is obvious that his act in not appointing a deputy is in effect allowing him to boost his own pay. This self-dealing raises serious ethical issues," noted Marcello.
"I would urge all voters to contact the Town Council to express their displeasure at their outrageous actions, added Tessitore.
(posted may, 2008) GOP Council are "Late" Reformers-Finally Change the Town's Fiscal Year
Something amazing happened at the regular May 2008 meeting of the Scituate Town Council. By a unanimous vote and with the recommendation of the town treasurer, the Town Council decided to align the municipal fiscal year with that of the State of Rhode Island. Thus, beginning in fiscal year 2009, our local government might finally be able to base its budget numbers, especially school funding, on realistic numbers rather than guess work.
Why is this so amazing? Because it has taken the now all GOP town council more than twelve years to adopt a policy reform that has been advocated by the Scituate Democrat's and its elected officials since 1996. In that year, then Councilwomen Margaret M. Long and myself proposed such a change only to be told by the majority of the town council and the treasurer that such a reform was "not needed or wise." If it isn't broke, why fix it was a common refrain. In fact, the system was broke. Year after year, the town council either over or underestimated the amount of money Scituate would receive in school aid and other state funding thus either increasing taxes too much (when we received more money) or forcing cuts (when we received less). Why? Because the town's fiscal year began on April 1 long before our state government was even finalizing a budget for that state's fiscal year that began on July 1. Facing maximum property taxes increases year after year, we Democrat thought it made sense to know exactly how much we would receive ( or not receive) in state aid each year before asking the taxpayer of our great town to pay more in their own property tax bill.
For twelve years, our elected leaders ignored the calls for reform, not because reform wasn't needed, but because the change was offered by the minority democrats. Now, with no elected Democrats on the town council, the GOP will surely take credit for such fiscal foresight and progressive thinking in finally changing the municipal fiscal year. Voters, however, won't be fooled, and hopefully will reform the current make-up of the Town Council in November 2008 to ensure that we won't have to wait another twelve years for basic, good government, and necessary changes.
