#131 2009-10-10 09:02:38

How they are going to blame Hartman for this when they threw him out four years ago is beyond me, but these people are masters of passing the buck. They couldn't have caught this in the four years since they canned Hartman? Bobo is even trying to make it out like the entire school department is part of the evil power elite now too.

Selectmen, either take some responsibility and stop passing the buck or resign immediately.

Last edited by Hamatron5000 (2009-10-10 09:03:37)

Offline

 

#132 2009-10-10 09:08:55

It is clear Foster had the opportunity to fix the "his involvement" problem when he was ITA for six months. I am not sure why the ignorance of the law excuse come into this. I guess it is just easier claim ignorance of the law and to throw your friends under the bus. It is getting a little crowded under that bus.

Offline

 

#133 2009-10-10 09:14:23

When was this started?  2006?  Bruce was on the board then, Brenda was on the board then.  When they started steamrolling people left and right so they could bring their own lackies in, they had a responsibility to inform the numerous town administrators that they kept sending through the revolving door (for not puckering up hard enough for Sweet Brucey's butt) to keep an eye on this fund.  They didn't, and that's why they have the most responsibility, as they are our town's two most senior selectmen.

Offline

 

#134 2009-10-10 09:17:59

Gateman,
It is coming from Moron's paper.

Offline

 

#135 2009-10-10 10:00:27

I am just wondering. What kind of hell was it like when Mr. Foster was ITA? Can you just imagine? A rock and a hard place comes to mind. He was doing his own job and doing the bos's bidding as ITA. That could be a valid reason for not taking care of the health insurance bit. I'm not giving anybody a pass, but I have to respect someone who takes responsibility for his actions or inactions.

As someone recently said to Tom Brady--it's time to take your skirt off and play football.  Maybe sweet Brucie as bos chair and long standing selectman should--oh never mind.

Offline

 

#136 2009-10-10 18:32:00

gogatemen wrote:

Liz:
I'm getting lost in all these official statements.  I need more coffee.  Where is the quote from Foster coming from?

from slagers story put up this am....

Offline

 

#137 2009-10-10 19:38:38

Liz: Thank you. I'm trying not to read BoBO's rag so I missed it.

Offline

 

#138 2009-10-11 23:27:59

To set the record straight, I am the Treasurer of the Town of Wareham and I was contacted by Mr. Slager for my comments on the health care trust fund problems.  He informed me that he needed information to set the record straight and asked me if I could provide some details.

I attempted to provide Mr. Slager with my opinion of the situation and the events that led up to this.

I am referring to the recent article titled "Fund authority illegally taken".  I am going to start with the first paragraph and go from there.

1.  The health care trust fund was not illegally taken from the Treasurer's office by Michael Hartman.  The town's health insurance operation was transferred from the Treasurer's office to Administration prior to my arrival.  Mr. Hartman established the health care trust fund after he moved the operation to his office.

2.  Prior to the School Committee press conference, I was not provided with a copy of the audit or any documentation regarding the health care issue.

3.  Virtually correct, Administration managed the health care trust fund, met with the consultants and set the rates.  I maintained the bank account with a health fund reserve.

4.  We are currently reviewing the auditor's numbers and I can not confirm or deny his figures.  I do not know what he did or did not include.

5.  I don't believe Michael Hartman established a system to utilize employee contributions to balance the budget.

6.  Correct.  I should have been involved and had a better understanding of the fund.  I made an assumption that it was being handled correctly.

7.  My comment was that "for six months I was the interim town administrator and I should have been more hands on when I had the chance."  I should have looked into it at that time.  I did not know there was a problem until recently.

8.  I do not know  what Mr. McAuliffe or Mr. Sanguinet know.  It has been brought to Mr. Sanguinet's attention and he is currently acting on it.

9 through the end.  Yes, we have issues regarding this trust fund.  Yes, there was a lack of understanding by many individuals, including myself.  Communication was limited from the start and there should be clear communication and guidelines to follow in the future.

This concludes my first and only blog.

John Foster

Offline

 

#139 2009-10-12 07:16:11

SLAGER YOU ARE A LIEING SHIT.

Offline

 

#140 2009-10-12 07:27:18

This is a real rarity from what I have seen in Town, someone who will stand up and admit some degree of culpability, so we should tip our hat to John Foster.  And whether you like him or not, (O.K. "not!!) Slager did a reasonably good job of getting the facts both straight and out.  Now if only he could shift a bit more towards this type of "work," then people might read him-I know-I know- big hill to climb!!

The FinCom is going to be at the High School on Wednesday, October 14 at 12:30 to try and give the students an idea as to what it is we do (or don't, depending on your viewpoint)  In addition, the next night, at the VFW in Onset we have been invited to meet with the OPL starting at 7 pm

Offline

 

#141 2009-10-12 08:04:30

Huh? Mr. Foster begins his post with TO SET THE RECORD STRAIGHT. I wouldn't call this a "reasonably good job of getting the facts both straight and out."

Offline

 

#142 2009-10-12 10:18:57

Molly wrote:

Huh? Mr. Foster begins his post with TO SET THE RECORD STRAIGHT. I wouldn't call this a "reasonably good job of getting the facts both straight and out."

If you were to read and compare Mr. Slager's article and Mr. Foster's post here, the content is the same.  Since Mr. Foster is probably aware that many of you claim to be "Observer free", perhaps Mr. Foster's "set the record straight " statement was to bring his version of the facts here since you would not have read them in the Observer and not meant for anyone to compare the two. It's too bad that assumptions made on a single statement could lead to incorrect interpretations. 

Kudo's to you Mr. Paulsen for making a statement I'm sure was not easy to post here. It is that type of mindset that will move us all forward.

Offline

 

#143 2009-10-12 10:28:19

Mr Foster,
Thank you for coming out and stating facts. Too often, the facts are mixed with opinion which distort and give the wrong impression (That's my way of saying Slager spins his story to support the Selectmen's position).

Mr. Paulsen,
I have a question for you. I know of quite a few people in this town that have an excellent grasp of the Charter, MGL, and possess many skills that the town can utilize on specific committees. However, the same people I am speaking of rarely get an interview or make it past the application process. I watch the Selectmen's meetings and they constantly talk about the lack of applicants for committees and boards. There seems to be a disparity between what the Selectmen and the facts. Why do the Selectmen overlook or bury good citizens when the town could utilize their backgrounds and talents?

Offline

 

#144 2009-10-12 12:52:25

MsLilly wrote:

Kudo's to you Mr. Paulsen for making a statement I'm sure was not easy to post here. It is that type of mindset that will move us all forward.

I agree with you Ms. Lilly (see, it can happen). Except I would have said, "..that will help us take it back".

I not only appreciate Mr. Paulsen's original post, but to come back and respond to Mr. Foster's "first and only blog" (they're called posts), is even more evident that he's attempting to actually have a dialogue with residents who want to, and deserve to, know the facts.

I also appreciate Mr. Foster's attempt to state the facts, as he see's them. It's too bad he decided this site was worthy to hear only one statement, apparenty designed to "inform the ignorant", who spread lies over here. Not everyone can attend posted (usually) public meetings, and perhaps a forum such as this should be viewed as a positive. If you disapprove of the "bumper stickers" placed on "the vehicle", I suggest you go back and research the meaning of censorship, or add your take more often.

Censor:
transitive verb
Inflected Form(s): cen·sored; cen·sor·ing \ˈsen(t)-sə-riŋ, ˈsen(t)s-riŋ\
: to examine in order to suppress or delete anything considered objectionable

PShooter
TAKEBACKWAREHAM

Offline

 

#145 2009-10-12 13:00:55

PShooter wrote:

I agree with you Ms. Lilly (see, it can happen). Except I would have said, "..that will help us take it back".

Touche` Pshooter...

Take back...move forward...take back...move forward...great taste...less filling...

Offline

 

#146 2009-10-12 13:11:38

Pshooter,
I think Mr. Foster's statement was to remove the spin from another source's report. As Mr. Paulsen stated, if only Slager could removed the slant and spin, you might actually have a newsworthy report. Facts are facts and I appreciate any attempt to stick to the facts.

Offline

 

#147 2009-10-12 13:18:44

Thanks Larry, I wasn't real sure of that. I haven't been reading the Rag very much, and may have missed that. In any case, I'm thankful for his views, and am hopeful that others will visit us here, and in his attempt to get us "the rest of the story"

PShooter
TAKEBACKWAREHAM

Offline

 

#148 2009-10-12 14:55:59

MsLilly wrote:

Molly wrote:

Huh? Mr. Foster begins his post with TO SET THE RECORD STRAIGHT. I wouldn't call this a "reasonably good job of getting the facts both straight and out."

If you were to read and compare Mr. Slager's article and Mr. Foster's post here, the content is the same.  Since Mr. Foster is probably aware that many of you claim to be "Observer free", perhaps Mr. Foster's "set the record straight " statement was to bring his version of the facts here since you would not have read them in the Observer and not meant for anyone to compare the two. It's too bad that assumptions made on a single statement could lead to incorrect interpretations. 

Kudo's to you Mr. Paulsen for making a statement I'm sure was not easy to post here. It is that type of mindset that will move us all forward.

Excuse me but the most important difference is that Mr. Foster said it was not taken ILLEGALLY. I think that is a huge difference.  For those of you wondering, I have not broken my vow not to read the rag, but I have spoken with a friend who read it and said the headline used the word illegally.  We were discussing the fact that Mr. Foster posted here and what he posted. Now, I don't know if every other point Mr. Foster made is exactly what slager said, but the rest of us get our information from real newspapers, so Mr. Foster doesn't need to worry about us few bloggers needing info.

But why would Mr. Foster write things like "virtually correct" or "correct" in front of only two of the comments? If they were all "correct" , or if the content was the same, why not start his post with--since you folks don't read the rag, I thought I'd fill you in. No, it's pretty clear to me that he was clarifying, correcting misinformation.

Offline

 

#149 2009-10-12 16:13:03

It's funny that the people behind Move Wareham Forward make statements such as above, and yet Mr. Paulsen makes his "declaration" on a site that is more about Take Wareham Back. The citizens of this town deserve a break from the dysfuntional government we have experienced over the last few years. The common thread is the direction and management skills of the Selectmen. Poor hiring practices, no personnel department, underqualified ITA and Accountant, committee appointments that do not reflect the diversity of the people in this wonderful town. Isn't it time we Take Wareham Back?

Offline

 

#150 2009-10-12 16:47:10

Hear, Hear, Larry!
TAKE WAREHAM BACK!

Offline

 

#151 2009-10-12 20:01:52

I also want to thank Dick P and John F for sharing.

The health insurance trust fund is an extremely complicated issue. I may be repeating others in this ost but time is of the essence and I wanted to help out here if I could.

It is my understanding that Wareham has accepted the provisions of MGL Ch. 32 (B, I think off the top of my head), this means all employees pay the same percentage split (in this case 75/25), the Town must bargaining claaboratively to make changes to the health plan, etc etc. So, we know that all employees pay the same contribution rate, 25%.

Keep in mind that being self insured is essentially being a health insurance company, the Town is responsible for paying out on all medical claims. Of course there are exceptions, the Town most likely has "stop gap" insurance so if they receive a catastrophic claim (in excess of $100,000.00 typically) they are not on the hook. If they don't have it they should, but I am sure they do, I am pretty certain someone told me they did.

They Town also employees a consultant, they consultant reviews the plans, useage, claims, etc. Because the Town can't (you know, all those privacy laws). The consultant makes recommendations to the INSURANCE ADVISORY COMMITTEE (IAC). The IAC makes recommendations for rates, etc.

Then the Town has a plan administrator (like Blue Cross/Blue Shield) who processes all the claims and handles member issues.

All of the above expenses are legitimate expenses and part of the overall cost of providing the health plan. I have left out others I am sure but I have promised a certain little girl that we would watch Backyardigans so I am rushing!

If there is a surplus in the fund at the end of the year it is a good idea to roll some of it over, never hurts to have a little extra just in case. In December of 2008 (?) the Cape Cod Health Consorsium (spelled wrong I know) had such a large surplus they declared a premium holiday. That is what is supposed to happen. Keeping a surplus helps keep rates consistent.

I am not going to get into the finger pointing, there are a lot of responsible parties and I appreciate Mr. Foster accepting responsibility for his role. Suffice it to say that, regardless of who is responsible this problem still exists and must be dealt with immediately (note to those reading this site, that means TODAY!)

Basically, the Town became the "insurance company" and like an insurance company they felt entitles to the "profits", a very bad practice but Wareham is not alone in this.

It is IMPERATIVE that this issue be dealt with IMMEDIATELY, every day that goes by just adds to the problem. Forcing the employees to litigate the issue simply costs the tax payer MORE. I would expect to see a meeting between the School Committee, Board fo Selectmen, Finance Committee and representatives of employee unions before the weeks end. Someone said earlier and they are absolutely correct, how this is resolved will be the responsibility of the BOS, now is the time for leadership. Take the initiative, get it done, Dick P has some interesting thoughts on how to resolve this. JUST DO IT.

Now, off to a nice snuggle and Backyardigans which by the way teaches children appropriate social skills such as how to work together.

Offline

 

#152 2009-10-12 20:38:19

Thank you Cara for your insight. Let's hope you're right and they do get on this by weeks end.

I'm glad the "Backyardigan" days are behind me. Now, it's Clone Wars, Clone Wars..but, I like Star Wars, so I can deal.

PShooter
TAKEBACKWAREHAM

Offline

 

#153 2009-10-12 21:58:13

"I am Ms. Begley....I would like for all of you lovely people to get together next week for a lovely sit down conversation about the future of our beloved Wareham, and of course, Onset.
I am a gentile woman who believes in polite discourse, and I abhor anyone who tries to engage me or my wonderful friends in any kind of negativity.
We are going to serve tea and crumpets and we hope everyone remembers how to hold a tea cup without extending your little finger and embarrassing those of us who have been brought up to respect the ideals of Emily Post.
We do not allow swearing, cussing, bad taste jokes or coffee.
We shall succeed with our efforts because we are a lovely group of people who believe in a wonderful, lovely future based on the ideals of our elected officials.
We think that most of them walk on water.
Bless you all. Hope to see you at the gathering."
(My opinion, of course).
Ummm...let me think...oh, gosh...what is the word...oh gee...golly..oh, yes, I remember: BULLSHIT!

Offline

 

#154 2009-10-13 09:42:21

Cara: Just read your post......Wow!....."All at once!"
There's nobody out there who knows more about this stuff than you do...and you'd hard pressed to find somebody who knows less than I do about it.

So I'm a spectator from here on, and what a spectacle it's going to be !


But please help me with a couple  of essentially kindergarden questions.  When you say "all at once", are you saying that they all must be paid their $4,000 all at once, or that the principals just need to decide  this week when/how they will be paid ?

I would have guessed that the union officials wouldn't press for something that could come right back at them as layoffs.  I did in fact hear a statement ,once removed , attributed to one of the union leaders last week : "We are willing to negociate."   Yikes !  Are you saying that they can't negociate?  This gets "worser and worser" every day.

Here's another dumb question....How come, if   what has to happen "breaks the bank" , that we haven't we heard the dirtiest word in Wareham that has more than four letters: "override"?

At what point could the State mandate an override?..Or take over the whole  town operation?
I'm beginning to think that there are going to be more heads stacked in front of Town Hall than  there are pumkins  stacked at Nessralla's Farm Stand!

Offline

 

#155 2009-10-13 15:37:17

Dick...did you get my PM?

Offline

 

#156 2009-10-13 22:13:43

Dick:
I just re-read my post (which is filled with horrible spelling and gramatical errors! No time to edit though, Max and Ruby is coming on, I think).

I didn't see where I said "all at once", but what I mean is that the discussions need to start now, not tomorow or next week, but yesterday. Why the sense of urgency? Well because every day costs the taxpayer more money. How so? Because the damage continues to mount and if the employees are forced to take this matter to court the sooner the better for the taxpayer because they can (and will) be awarded damages with interest (the DLR has a liking of the 12% range).

The Unions are saying they are willing to negotiate because this is, in fact, a subject of bargaing per MGL Ch. 150(e). In fact, there is a case which deals with over payment and the bargaining obligation Massachusetts Labor Relations Commission MUP-9038, this particular case deals with the Millis Schools and the Teacher's Union when a teacher was overpaid, but same concept works in reverse too. The Unions understand the financial impact of this situation (possibly better than anyone else) so they want to get to the table to resolve the issue.

As to the question of whether or not this could bankrupt the Town, I suppose it could if the Town was forced to make a multi million dollar pay out, which is why it is advantageous to avoid litigating this. Since I do not have the budget numbers in front of me it is difficult for me to get a grasp on what impact this would have overall, but doing some quick math in my trusty head, Wareham operates on approximately 60 million annually, so if the Town paid out the full 2 million of the claim that would be roughly .3% of the budget (?) the head is a bit rusty, Larry is a numbers guy so he can double check! It would be painful cuts but wouldn't necessarily result in job loss.

To my knowledge the state has only put one community in receivership in recent history (Chelsea, sound familiar?) Although Springfield came close. I would imagine that the state, whose own resources are maxed out, would come and assist our administration in getting the community back to fiscal health. I have never heard of the state mandating an override, I am not sure that can be done. If the state puts us in receivership they can do things like set fees so far as I know but not overrides.

I am sure that the conversation of override will come up during this issue, as most of you already know the Governor will be announcing further cuts to local aid, no one knows today what those will be but in the coming weeks the numbers will be out. I would say based on experience that it will be difficult for Wareham to deal with the cuts. There is the unknown of FY 2009, have the books been closed, were there turnbacks? How much?

The bottom line is this issue should absolutely be negotiated, being mindful that the employees moral is at an all time low I am sure, they haven't been treated well, the Town should be talking with them because this error is in their favor! Hope this answers your questions :-)

Offline

 

#157 2009-10-13 22:59:00

Cara,
I know you were responding to Dick. But, I want to say, I really appreciate the information you provide (you too, Dick). I wasn't familiar with you before, but I now find myself hopeful that you'll attempt to serve our Town again, very soon.

It's very refreshing to read things posted by individuals who truly have something to offer, unlike the "immature debate society" a few of us have been having with Slager, CoachTP, Ellen and the gang over on the Courier. DO NOT ENGAGE...DO NOT ENGAGE, I need to keep telling myself. All they seem to do is deny the fact that there are any problems, and if there are, their "pet" elected officials, and Slager, are certainly not to blame.

Thanks again:-)

PShooter
TAKEBACKWAREHAM

Offline

 

#158 2009-10-13 23:45:22

Cara:  You are nothing less than a  treasure for Wareham!     Thank you for laying it all out .. backed  by your knowledge and professional experience.....BUT...combined with humility  and an openness to contrary views.  All of what you said reveals you to be is  exactly what Wareham needs in order to dig  out of the hole we are in.

I didn't ask my question in order to set you up for this, but I'm pretty sure there will be more than two openings on the BOS come April, and  you'll have my support if you take another shot at  running. Wareham needs people who are not only good people to start with but who also know and respect the  charter, and like you, know what the hell they're talking about . The only problem will be trying to fit it all into a bumper sticker.

Offline

 

#160 2009-10-14 01:48:18

I wish we didn't have to put out $ for another audit.  Maybe the DOR should take over Wareham for the next year or so.

Offline

 

#161 2009-10-14 07:21:00

All Right, I am back, and I have just finished watching the latest episode of the BOS. Twice, it is so exciting.

Let me say again, what I have told the Selectmen, my angst is not directed at them as people, but as a collective, as a body, they had ample warning to deal with this scandal.  And they can only bob and weave, blame anyone not in sight (yes, not).

Fair enough, but let's look at the reality.

On July 22, 2009 Bruce Sauvengeau, sent me an email and in that email he said (and I qoute) "By the way, our auditor already incorporate this trust info like all others into his annual report."

Yes, that is a bell ringing.

So, I started to look, and sure enough on page 24, the veil lifts, and thanks to Bruce-though he did not intend it-in about two minutes I came to the conclusion that 2008 was out of balance by about $200,000. So, on to  2007, and that was out of balance by about $500,000, and so I then grossed the whole thing up to $1.5 million.

But then I asked myself, how would the Chairman of the BOS know this, there are over 40 pages of numbers, to zero in on that set of numbers means, what does it mean, maybe that he knew, and almost 3 months ago.

To be honest, the numbers are a bit esoteric, but once you know they exist--well the rest is history, the FinCom moved into high gear, and the BOS, well ask them?

Mr Slager said I "flipflopped" and called me a hypocrite for not immediately writing to the editor and calling this to the attention of the Selectmen.

Well, in answer to the first suggestion, why not blow the horn?  That was and is a fair question, and by defense was that I did not have the full picture, and wanted to wait to get the correct version. And that was consistent with my stated comments on this situation, I wanted the numbers.

But as to the second, tell the Selectmen, on that I did that, on several occasions. By email, in person, and if I had a carrier pigeon, he would have been pressed into duty.

Now let's turn to last night, and things that sailed off into the ether, and no one either commented or questioned some statements. That ends now.

First, statement, the matter of who will pay for audit 2 (I am going to start giving them numbers because I suspect we will see more as we go along) "Why let's have the Health Trust foot the bill, after all they have the money, and it is a Health Trust issue, right? " 

The tab, $5,000, might be $25,000.  And not commented on, how about the legal bills, that are already mounting.

So, let me see, the people who in part pay into the fund, now get to pay to investigate who, how about themselves?

But hard on the heels of that came the following.

A statement by Sanguinet, and I am taking this a bit of context, so with apologies for that, let's take this into a really troubling direction.

He said we currently have $2 million in the Trust, which sounds like a big number, but it is "big" only relative to claims or potential claims (the pertinent word is "potential)  He went on to say two things, the first was that he thought the fund has the equivalent of 2 months of cover, but immediately went on to say that he would be more comfortable with six months  because several high claims had come in or words to that effect.

So, then he suggests the Trust should be up by triple the $2 million, or by simple math but not from him, $6 million.  Now I will be the first to admit that trusting his ability to get it right is open to question, but the mere mention of a possible shortfall should immediately-if not sooner-galvanized the Selectmen's attention.

But nothing from the BOS, and as usual from the ITA no "Hey pardner, I just told you something important, did you not hear me?" 

Now to another issue, the new accountant has now joined in, and suggests that the number may only be $600,000 because ("because" an important word again) "claims history" should be factored in.  I have to admit that I am at a loss, how does claims history factor into the 75:25 ratio?  Could claims history be a factor after the fact, sure, but the ratio would still have to be 75:25. 

I suspect we are closer to $1.8 million then $600,000 but we shall see, I am not saying she is wrong, but it does not seem logical.

Now on to the seniors who paid too much, I assume that they could have used the extra $5 or $10 a month, why not give it back immediately?  Why make that group wait? 

Well the answer came back and said the following in so  many words:

"Well yes, we did it, and we are guilty as charged, but it would be illegal to pay out money directly."

Let me see if I understand this, we take money-perhaps illegally-and yet it is illegal to pay an affected group?  That is the story?

I have no problem and have not had with the numbers, they are or will be what they will be.  My ire is directed at the lack of attention, not only as this unfolded, but as late as last night-they just do not pay attention to things that might be (should be?) questioned. 

Henry Kissinger once commented that whatever one does, you are likely to be wrong  including doing nothing.

I would have thought that I recognized him if he was in town, must have missed him, because his observation does fit,

And to conclude with an observation from a real word-meister, Mark Twain

"Get your facts first, then you can distort them as you please."

Offline

 

#162 2009-10-14 07:26:21

Crap, they're not bringing Jennifer Lade back to Wareham are they?  No offense, but Steve Urbon kicked ass and uncovered a thousand times more selectmen shenanigans in a few months than she ever did in years. 

Put Jennifer in some sleepy town like Acushnet or Freetown.  Wareham needs a kick-ass reporter like Steve Urbon.

Last edited by Hamatron5000 (2009-10-14 07:32:17)

Offline

 

#163 2009-10-14 09:26:40

Dick Paulsen wrote:

Let me see if I understand this, we take money-perhaps illegally-and yet it is illegal to pay an affected group?

Thank you for verifying what I thought was said during last night's meeting...that town counsel stated that the only legal form of retribution for overpayments made to a healthcare trust fund was through "premium holidays" and not cash payouts. 

PShooter...it's mutual...

Offline

 

#164 2009-10-14 09:43:38

I too am troubled that the fund allegedly only keeps two months worth of potential claims (it should keep six months MINIMUM), I get more troubed by the minute.... I am not sure where Town Counsel came up with the "only" legal form of retribution (why would there be a bargaining obligation if there is only one remedy?), what happens if an employee leaves or passes away? Let's take MJP for example (God rest her soul), she was employed during the questionable years, if she subscribed to the policy then she overpaid, she retired and subsequently passed away. Is that situation too bad so sad for her, the Town made an error and by virtue of circumstances she is out her money so the Town reaps the cash that (in my humble opinion) belongs to her estate? I don't understand that.

Since I am sick and not moving off my recliner today I will do some digging. None of this makes sense to me! If a Town could over charge the employees and remedy the situation by simply declaring a premium holiday why wouldn't every self insured Town do that? It would be a great benefit to Towns in these tough fiscal times to simply use their trust funds to balance the budgets and a few years from now when things are better just declare a premium holiday, anyone who has left or passed away is no longer part of the equation (you can't declare a premium holiday for them) so in the process you gain a few extra bucks. That is way too easy, something stinks!

Offline

 

#165 2009-10-14 09:51:25

Dick P, thanks again. If I'm a betting man, I'd put my money on your figures being more accurate than Biz's. Seemed like alot of spinning going on last night. I should have the meeting up by later today, and then we can all review what was said last night. Why expect any level of accountability by the BoS? They only want to be viewed as "volunteers" who are doing the best that can be expected.

Ham, I agree. I want Urbon.

Ms. Lilly, thanks.

Courier: Second audit ordered of Wareham's Heath Insurance Trust Fund

PShooter
TAKEBACKWAREHAM

Offline

 

#166 2009-10-14 11:12:29

One thing that struck me as odd last night was the statement by Counsel that the plan did not get approved at Town Meeting. Could this play a factor in the negotiations going forward?

Offline

 

#167 2009-10-14 11:20:25

regarding Chapter 32B, section 3a

It is a bit of an oversimplification to distill the single remedy prescribed in the law as legal v. illegal activities. The law requires (it uses the word "shall") that a "Where...contributions...been shared on a ratio inconsistent with the share of the contributions as provided for...the subdivision (i.e. Town) shall adjust future contributions.....to compensate for the inconsistency.

That's it.

1. It is silent on the question of refunds or rebates. that does not make reunds "illegal". Two things may be possible:
a. A wriiten request could be made to the DOR attorneys to address the specific, narrow question of refunding overpayments, if any. They would review the law, and attempt to divine the intent of the legislature. How can this be? they could review any debate in the General Court on the issue prior to passage, any amendments offered during debate, etc. And, it may just be that THEY (the DOR legal staff) drafted the legislation, a frequent occurence when there are money issues.

b. a Home rule petition to the General Court could be filed by the Town. a one-timer, if you will.

2. Timing. the law specifies that the "subdivision (Town) shall adjust FUTURE payments" (my emphasis). What does that mean? Too late for FY2010? Can only be done in FY2011? Can it be spread over several fiscal years? No guidance in the law.

3. "Premium Holiday(s)" Where did this term come from? You won't find it in the law, itself. "the subdivision (Town) shall adjust future contributions....to compensate for the inconsistency." Period. So, if a 10% adjustment will do it, fine. or 50 %. or 100%. Again, no statement as to the timing of the adjustments.

4. Cuts both ways. In the Wareham case, the discussion is on overpayment by employees, and a remedy to that situation. It could just as easily swing to the opposite direction. Thus, care must be taken in how the instant situation  is handled, as it will set a precedent for the future. Any town employees want to shell out refunds to the Town in the case of a reversal of positions?

more to come, and not just fromme,  i"ll wager....

Last edited by notalawyer (2009-10-14 11:22:14)

Offline

 

#168 2009-10-14 11:30:03

and one more thing, regarding this law & Town meeting.

Larry, that bit of discourse caught my attention as well. So, back to the law.

Usually, such legislation carries with it a clause regarding some sort of local acceptance, by Town meeting, City council, or whatever. I did not see any such requirement in the verbiage in the law itself.

It could be that another, different MGL requires a Town meeting vote to put the change to self-insuarnce into effect, but I don't know. Or, it could be a little red herring strewn in the path.

So count me in the curious column on this one.

Offline

 

#169 2009-10-14 11:43:57

The other thing that caught my attention was the numbers being thrown out by the ITA and the Town Bookkeeper (sorry, I can't use accountant). It is a very important thing to quantify numbers in a public forum. Now, regardless of the reason, you better be right. If you aren't, there is a crebility issue established. After you state figures, you should not follow it up with, "we don't know what the number is". The signal is mixed and it doesn't provide any level of confidence.

I would have done everything I could to NOT give a number. If you have no idea, you have no idea. Speculation, especially at this point and time is not prudent.

I'm sure a premium holiday may be the answer for those who are currently employed by the town, but you have several former employees that will require some sort of refund. I'll be interested in how they approach this issue. Given the current state of discourse between town officials and former employees, I would suspect this may wind up a legal battleground.

I am not a fan of the "not me" approach of the Selectmen. They can point fingers but from all accounts, they knew. At this point, who cares? It's more about fixing the problem than blame.

Offline

 

#170 2009-10-14 12:29:40

Section 8a deals with refunds, and is not applicable if the Town has accepted section 8. It allows for premium adjustments OR refunds.

Offline

 

#171 2009-10-14 19:51:49

Hi Cara,

Isn't it just the epitome of fun to go mucking around the MGL, particularly Chapter 32 and its subchapters, and its sections. Pass the popcorn, and the wine. Ok, skip the popcorn.

after printing out chapter 32B, Section 8a which you referenced in regard to refunds, I seem to arrive at a different conclusion from yours regarding this section.

"...all dividends...and...refunds accepted by the governmental unit from the carrier or carriers ...shall be deposited by the treasurer...in...the employees group insurance trust fund."

this tells me that this Section is referring to dividends from insurance carriers to the Town, and the proper procedure for handling these funds. There's that treasurer, again. the second & third paragraphs address application of the Town's costs to any such dividends/refunds. And these paragraphs are specific in the processing of any reund/dividend.

"the appropriate public authority...shall then authorize the treasurer to expend the remaining balance of the trust fund on behalf of the insured employees and retired employees to reduce...(their) share of future premium costs or BY A PROPORTIONATE REFUND TO INSURED MEMBERS. (emphasis added). and further: ..."using the ratio ...of (their) share of the total premiums which yielded the dividend."

the last paragraph of this section addresses the manner in which this section "shall" take effect: ..."in a town if a majority of of the votes cast...on the official ballot to be used at an election in said Town, is in the affirmative..."

Well, the section is brief, but chock full of interesting stuff.

1. again, this section clearly references funds coming from outside the health care trust fund, i.e dividends/refunds from insurance carriers. Do these provisions apply in the Wareham case, which is quite different?

2. does this section provide a basis for creating a refund(s) for individuals who over-contributed during a defined time period? these might include current employees, retired employees, fired employees (a rapidly growing group, it seems), employees who resigned. Did I miss anyone?

3. Again, this section is silent on the timing of any action of any kind; altho there is a reference to the "the appropriate public authority AT A DATE DEEMED APPROPRIATE shall then authorize the treasurer to expend, etc." (emphasis added). Well, what is a "date deemed appropriate", anyway? Can you say: Vague?

4. And how about the last section, hmmmm? is it saying that it requires a ballot question to expend funds in the form of a refund? Does that apply to the Wareham situation?

Whew! Lotsa stuff!

Cara, when this first came up I went the MGL and looked up chapter 32 and its progeny. This chapter covers a broad spectrum of things, way beyond the health insurance trust. My quick (make that very quick) scan led me to focus on 32B,section 3a. I will take some time to scan other sections to see if there is more stuff that bears on the current issue.

Meanwhile, Section 8a seems to address a different issue, from my reading, than the way you took it. It does, however, shed some light on the path to making refunds. We'll see.

thanks for the heads up. Will post more, to be sure.

Last edited by notalawyer (2009-10-14 19:55:53)

Offline

 

#172 2009-10-14 19:55:45

did i see the same meeting ?
60.000 a year to audit the books !
then for an extra 3,200
i can find a problem ,

never contacting the accountants office.
I want my money back.
Or was this another BOS spin to blame someone else ?

a refund hahaha.
this is Wareham , all your money is mine!!!!

do the town employees pay ,
25 % pre taxed ?
they should be.
if not  any refund, would then be taxed.
ever here the statement .
let the sleeping dog lie.
watch the next event.
personal use of town cars/trucks.
the next hit list anyone ?
what this bos has shown ,
don``t  mess with us or your the next one to screw over.
IS IT 2010 YET!

Last edited by onset ma (2009-10-14 20:12:56)

Offline

 

#173 2009-10-14 20:43:20

WAREHAM -

The town will be conducting an audit of the Health Trust Fund separate from the school department audit that determined the town has not been contributing the required 75 percent of employee health premiums into the trust over the past five years.

Acting Town Administrator John Sanguinet informed the Board of Selectmen Tuesday that the Wakefield-based CPA firm Powers and Sullivan has been contracted to perform an audit of the fund to compare results of the audit conducted by accountant Claude Boudwin at the behest of the School Committee.

Boudwin’s analyses showed a discrepancy of nearly $1.9 million.

Sanguinet, however, said his review of the data indicated the error appeared to be closer to $600,000.

“Administration is looking into correcting the problem,” he said. “We not sure how extensive the problem is.”

The selectmen had originally planned for their Oct. 13 meeting to include a forum with the School Committee, the chairman of the Finance Committee, the town accountant, the town treasurer and a representative from town counsel Kopelman & Paige to openly address the issues of the Health Trust Fund.

Selectmen Chairman Bruce Sauvageau said School Superintendent Dr. Barry Rabinovitch and School Committee Chairman Robert Brousseau were out of state and unable to attend. Finance Committee Chairman Dick Paulsen declined to attend, and Treasurer John Foster had a previous engagement.

In attendance was Town Accountant Elizabeth Zaleski and Town Counsel John Dolan.

Members of the board, along with Sanguinet, expressed concern over Boudwin being brought onboard to audit the trust fund, as he had been going over the town’s accounts for several years.

Sauvageau said there was an “ethical dilemma” about Boudwin’s audit.

“We have an auditor hired by the School Committee who has been responsible for auditing all the accounts, including this trust fund, and never finds anything until he’s brought back,” he said.

Selectman John Cronan also voiced his frustration over the choice of Boudwin to perform the audit.

“This just eats at me,” he said. “We paid the same guy year after year, and for an additional $2,900 he finds a $1.9 million discrepancy. It’s odd to me; how do you find $1.9 million when you’re the guy who’s been doing the books?”

In answering a question posed by Selectman Jane Donahue, Zaleski said Boudwin did not approach her office for any information pertaining to the audit.

“He did not come to see me on this matter,” she said.

Zaleski, who started in July, which was around the time the School Committee was made aware of possible discrepancies with the fund, said her initial response to glancing over the information she received in September about the fund was that “something was wrong.”

“And that we need to go out and have a really big audit,” she said.

She said there may have been problems with the fund since 2004, which is when the town opted to self-insure its employees.

“Everything that has gone in and out of these accounts from inception has to be looked at,” she said.

At one point, Zaleski recommended bringing in the Department of Revenue to do a “financial management review” of the town’s accounts. She also said she felt it would be “prudent” to have a forensic audit performed as well, although she did mention that unlike an audit by the DOR, a forensic audit by a private firm would “take time and will take money.”

When asked by Sauvageau how much money such an audit would cost, Zaleski said she did not want to estimate. She did, however, determine the Powers and Sullivan audit of the Health Trust Fund would range from $5,000 to$25,000.

Sauvageau said they would discuss legal strategies once the numbers come out.

“Once we’ve established a clear number, we’ll work through the process with counsel and the Department of Revenue.”

Dolan agreed the first step was for administration to assess the extent of the problem.

“This is a reasonable approach,” he said. “There’s a lot of benefit to having this audit done.”

Offline

 

#174 2009-10-14 23:00:25

FYI: BoS discussion on the Health Care Trust begins at (31:00) of Part 2.

PShooter
TAKEBACKWAREHAM

Last edited by PShooter (2009-10-16 01:22:02)

Offline

 

#175 2009-10-15 06:51:21

Notalawyer:
You are correct after re-reading the section it is specific, my apologies.

Offline

 

#176 2009-10-15 18:16:39

I want to repeat something that I said at the outset of this Health Trust saga, and that is that I wanted to see the numbers, and I still feel the same way.

Biz has come out and said that she feels that the amount is closer to $600,000 then the $1.8 or $1.9 million.

And she suggested that some grant allocations were mis-allocated.  And you know what, I believe that she is probably correct, and in fact, I hope she is, because the problem would be much more manageable.

Why say she might be right?  Turn the question around, she knows that if she is wrong, she is out of town on the next bus.  Furthermore, and more to the point, I have met her a few times and she appears to be pretty solid.

As to her not being a CPA, let's cut her some slack, with computers running the numbers, my guess is that anyone with even a modicum of talent, should be able to get 80% of what a CPA does done correctly.  And if you want a lesson in what a non-degree person can do, go back and look at Charles Pratt, who never graduated from college, yet founded the Pratt Institute in New York.

As to whether or not she has the capabitliites to do complicated  forward looking cash-flow and present-value analysis, I don't know.  In this day and age, those border on necessities.

Where I have suggested fault is with the administrators, the last accountant and the auditor. 

The issue with the administrators, while at the top of the list, will get some comment later.

I like Bob Bliss, but a  lot of this happened on his watch, and if he misclassified accounts, then he has to be held accountable.  Again, and to repeat myself, let's see what the final numbers tell us.

As to the auditor, normally he sanctifies the numbers given him and makes sure they basically add up-nice job I know.  But once the school department came to him, he should have (and may have) gone beyond just checking the numbers-that was easy.  He could have (and again may have) asked if there were any other things that might affect his analysis, any other fund flows say from grants that could put things in a different light.  My guess is that he did not, became when I used his audited statements, I too came to a number approaching $1.8 million, certainly not $600,000. And he should have been on high alert, given the nature of the assignment.

Now back to the administrators, even if this is "only" $600,000 it was wrong and should never have happened.  The current ITA was made aware of the school department "number" ten days ahead of when they proposed to go public.  In addition, the ITA was politely asked to bring in the BOS and the FinCom to discuss the issue before the number hit the streets.

But the ITA apparently did nothing.  The Selectmen said they knew nothing for several days and then they apparently did not sense the gravity of the situation. And there was still about five days to go to ground zero.

What could have been done in those ten days, well the logical;  call in Biz and put her to work for a day or two.  Then come back, meet as suggested with the Selectmen and the School Department, lay out an argument that the discrepancy was closer to $600,000 (not good) and then the two gourps could have reconciled, or at least tried to, reconcile their differences.

Perhaps what might have come out was,  "yes, there is a problem, and we think it might be $600,000 and our further suggestion is that the town and school department  jointly hire a forensic accountant, and if the fee will be $25,000, the town and the school department will split the bill."

Then what we would all have seen is a headline that would not have been pleasant talking about being off by $600,000 but no mention made of the $1.8 milllion

So, my bottom line in conclusion is that Biz may be closer to the truth then anyone realizes, and that the ITA and BOS should have taken this more seriously and gotten aboard sooner, they did have time before the train pulled out of the station.

I guess stay tuned is the order of the day.

Offline

 

#177 2009-10-15 18:57:55

Dick Paulsen wrote:

Biz has come out and said that she feels that the amount is closer to $600,000 then the $1.8 or $1.9 million.

And she suggested that some grant allocations were mis-allocated.  And you know what, I believe that she is probably correct, and in fact, I hope she is, because the problem would be much more manageable.

You seem to understand y'all might have a credibility problem and the rest of us can not afford to wait. How far away is Wareham from state supervised receivership?

Offline

 

#178 2009-10-15 21:50:26

ihateliz wrote:

ACCORDING TO STEVE URBONS ARTICAL THE PLAN STARTED BY HARTMAN TO BE SELF INSURED SAVED THE TOWN CLOSE8 MILLION DOLLARS , THIS SHOWS HE WAS A GOOD LEADER AND SAVED THE TOWN A LOT OF MONEY, YET WE FIRED HIM AND  THEN WE HIRED BUTT MONKEY A TOTAL MORON,THOSE WHO VOTED FOR THE PRESENT BOARD OF SELECTEM SHOULD HANG THERE HEADS IN SHAME AND WHERE A SIGN BUTT MONKEY.  IT IS THE PRESENT PEOPLE WHO SCREWED THINGS UP.

You can bet that Hartman helped Bruce set up the Swifts Beach Fiasco. Sponsoring the Article for the Warrant Lies at the request of Bruce's relatives .Destroying Certified Mail. Lies. Fraud. And more. Hartman was a worm (catapeller) who knew when to fly away with a sack full of CASH! Was he fired or did he just sneak out of Town before we caught on to his devious schemmes with Buddy Bruce?

Offline

 

#179 2009-10-16 07:02:01

Dick Paulsen wrote:

But the ITA apparently did nothing.  The Selectmen said they knew nothing for several days and then they apparently did not sense the gravity of the situation. And there was still about five days to go to ground zero.

BUT THE ITA DID NOTHING-----AGAIN.  I've said it before and I will say it again, when are we going to get a qualified and competent Town Administrator?  At least part of this debacle could have been prevented if the ITA was doing his job.

One of the few jobs this bos should be doing is hiring competent, qualified people to fill managerial and leadership positions in this town. THEY HAVE FAILED MISERABLY AT THIS ONE JOB THAT IS PERHAPS THEIR MOST IMPORTANT.

Instead, we have no TA and no Library Director. We took forever to get a new CEDA director, and a new COA director, we still don't have a qualified (although I can't comment yet on whether or not she is competent) accountant. We have no town planner.

This board of selectmen are the most incompetent, irresponsible board I have ever seen in this town.  AS TAXPAYERS WE MUST DEMAND THAT THE BOS FILL THESE POSITIONS IN A TIMELY FASHION. We deserve no less.  The salary monies that are being saved by not hiring people to fill those positions is being used to offset legal bills, paying for the botched computer audit and paying Heaton for the Westfield consulting.THIS IS NOT WHAT THE TAXPAYERS DESERVE. Stand up at town meeting and be heard.

Article 1 deals with the budget. That's your tax dollars people. You are being scr***d by the current town officials. This must stop.

Offline

 

#180 2009-10-16 11:38:23

Mr. Paulsen,
My only comment about your latest post is to take issue with your statement about the lack of degree and certification. As a degreed accountant (MBA) I understand what the credentials and education bring to the table. If it was of no consequence, then I wasted 8 years of education. I don't know Biz and I certainly wish her the best, but 80% is not 100% and with a $60 million budget, I would leave nothing to chance. Yes, there are those who can operate at the highest levels without the pedigree, but they are far and few between.

In my opinion, we need professionally qualified employees or we are short changing the citizens of Wareham.

Offline

 

#181 2009-10-17 07:19:52

Let's assume Biz is correct, what that would mean is that two CPA's who had access to the "numbers" had for several years apparently missed diagnosing a problem.  And she may have solved it, if that is the right word, in a matter of a few days of digging.

Or they may have questioned it, but got no place with former administrators, but we should know shortly.

And, until proven differently, I will stand by my conclusion that she is probably on the right track.  And while I have issues with John Sanguinet, he is the one who had to instruct her to get busy on this, so for that we should be thankful, there will still be a problem, but probably a more manageable one if I am correct.

Also, please note that I used the word "apparently."  My concern was that we had a window of opputunity and it seemed to have slipped out of view, namely that there were about ten days in which an open invitation to "talk" was not accepted. The numbers will be the numbers. whatever they come out to be.  But not talking about a serious matter, leaves me puzzled.

Last edited by Dick Paulsen (2009-10-17 07:35:43)

Offline

 

#182 2009-10-17 10:08:49

As I understand it, the town misclassified the postings,  no CPA would pick that up. CPA's only verify debits and credits and make sure that you posted to the right debit or credit account.
The CPA does not set up your chart of accounts, unless he is setting up your books for you for the very first time and you have asked him to give you a chart of accounts.
The town has had their chart of accounts (or line items to you ) for rmany many years. When the town became self insured, someone most likely didn't understand that they needed to set distinct accounts but instead lumped everything together, called "insurance" and did not break it down into employer and employee, and/or other related accounts, therefore all contributions most likely went into one account or "line item". The CPA while doing an audit would only veify that the debits and credits to "insurance" and the appropriate matching off -setting account, balanced.
From my understanding of listening to the Town Accountant on tv., the entries to the books were not properly posted to correct accounts. They were lumped into one. Life insurance went into the "insurance" side of the journal, when in fact, it should have had it's own account. Benefits from Grants  were posted into "insurance" when it should have had a separate account. They all could be sub catagories of "insurance" but should be individual accounts so that you can identify the types of insurance contirbutions and post the off set to employer or employee contribution or other off setting, insurance payable, insurance refunds etc  . Then and only then would a CPA have picked up an imbalance.
If all went into one account as the Town Accountant implied, called "insurance" and was offset by the appropriate amount in the offsetting account, the insurance catagory would balance. And that's all the CPA  verified. It balanced.
However, if there were sub catagories and those entries were "off" he'd be able to pick it up. You keep blaming the CPA, but the problem lies in the fact that the town did not set up it's books properly, is my theory.
And that's why the amount may be lower. When the town does it's forensic audit and sets up the correct accounts and goes back and re-posts to the correct "line item", removes life insurance contributions, grant benefits, and other amounts that were not properly posted, you'll see the reduction because then you will end up with a single health benefit line item to which contributions will only come for health insurance deductions.
The town contributed its share and the employees their share, but it all went to one account. That account had one total and was off set in another account. It balanced, which is why the CPA did not pick it up.

Now going forward you'll have one account for employer and one account for employee.
In the future, if these accounts don't  balance, then you will see the CPA audit pick it up.

Offline

 

#183 2009-12-09 07:25:38

Jeb

What a nice breakfast this morn...
http://jimfairthorne.files.wordpress.com/2009/06/egg-on-face.jpg

      HAM(atron5000) and EGG

Thanks guys!!!

Last edited by Jeb (2009-12-09 14:26:10)

Offline

 

#184 2009-12-09 14:34:16

Jeb

What a nice breakfast this morn...
http://jimfairthorne.files.wordpress.com/2009/06/egg-on-face.jpg

      HAM(atron5000) and EGG

Thanks guys!!

Offline

 

#185 2009-12-09 15:04:14

Blah blah blah...Dumbass.

Last edited by Hamatron5000 (2009-12-09 15:35:34)

Offline

 

#186 2009-12-09 15:45:53

This isn't over. It was not the final report that was presented. When asked if DOR signed off on it, Town Accountant dodged the question. Plus, their figures stopped at 2008. What about 2009? You know, the year this was suspected. This is not the end, only a delay.

Offline

 

#187 2009-12-09 16:06:16

"Let me tell a story bout a blogger named Jeb
tried to start some shit with everything he said
and then one day he was stirring up some more
and PSpan wrote, Jeb you're a friggin bore..."

Oh no..we were wrong!!! The Town's going to be better off financially than we thought, and (what?) we're supposed to be upset about that? They still had their heads up their asses about setting up/administering the whole thing, and the reason they have a surplus is because they overfunded..I'm sure the Town employees love the fact they overpaid all this time. Maybe that $$ could have actually been used by them (and the Town..not the best "saving's vehicle")

Plus, since "premium holiday's" appear to be the only way to make it "even Steven"..how are they going to reimburse those who no longer participate in the plan, but contributed previously?

"Jeb move away from here"

P-SPAN
TAKEBACKWAREHAM
April 6, 2010

Offline

 

#188 2009-12-09 16:07:00

As awesome as my Hamness may be, I am but a lowly blogger.  News happens, I react to it.  There was news of a major shortfall based on a report announced by the school committee.  I and other bloggers reacted to it.  Is that the school committee's fault?  Not really.  They heard of a problem.  They hired an auditor to investigate and he indicated that there was a major problem.  The school committee sent a letter to Sanguinett and tried to inform the selectmen about it - that effort was ignored.  The selectmen were too busy hunting bloggers on the taxpayer's dime to be bothered.  What was the school committee supposed to do?  Sit on an audit report that indicates a major shortfall and not tell the public anything?  No.  They reported the report they had, the bloggers reacted.

As Common points out, we don't know if the DOR has signed off on this.  If there is a surplus, well great, but it might have been also great to have used that money to prevent the layoffs that occurred over the past few years.  If the surplus could be put to some good use or even held for a rainy day, great, but let's not fool ourselves, a surplus in the hands of these clowns, they'll probably just endorse the back of the check and send it directly to K and P.  "Oh boy, more cash for more vendettas!"   

The employees will save in some insurance, but they probably would have rather not overpaid to begin with.

It is hard to believe that one auditor sees a major deficit, another auditor sees a major surplus, and there isn't something fishy going on. 

When DOR agrees, then it's official. (And if it turns out there is a major surplus, what does that say about selectmen who tried to ignore the whole thing?)

And if they agree, how's that egg on the Ham?  Ham is but a lowly blogger, blogging away about the news of the day as it is reported.  I don't report the news, I just bitch about it.

Last edited by Hamatron5000 (2009-12-09 16:14:32)

Offline

 

#189 2009-12-09 16:18:40

biz and the ITA bashed the old auditor for not catching this and his figures....

why on earth would the new auditor start with the old auditors figures then???

Offline

 

Board footer

warehamwater.cruelery.com