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Massachusetts government corruption

The Sunshine Review Gazette
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Report It The Good The Bad The Ugly  



Massachusetts think tank reveals new transparency websites

MassOpenBooks.org is an online tool where visitors can get data on state disbursements, state employees’ salaries and retiree pensions.

The site is sponsored by the Shamie Center for Better Government at Pioneer Institute.

It's a reference and discussion for people to find out what state employees’ make, who is getting what kind of pension and payments made by government agencies to businesses and people. It will be possible to obtain data from specific people or departments, or make comparisons.

The data used in this website are public records obtained from the State Comptroller’s Office and the State Retirement Board.[1]

MassReportCards.org is a tool for district and school ratings that allows superintendents, parents and students see how their school ranks in the state.

It allows people to compare schools with other schools from across Massachusetts and rate them oneself.

It was designed for parents seeking better educational choices for their children, teachers and administrators who want to know how their school stacks up, researchers looking for hard data, and every citizen watching their tax dollars.[2]


High Costs Make Open Records Seem Closed

Last month Barry Rafkind, the volunteer editor of a Somerville news blog, sent a detailed request to city officials for information about parking tickets and the city’s responses to citizen complaints.

Somerville officials told Somerville Voices they would provide the information for more than $200,000 for officials to review the documents, delete personal information, and print them out.

“I guess they expect me to go away now,’’ said Rafkind, 28, of Somerville Voices. “Those are prohibitive costs that no one could afford to pay. They’re making no effort to respond to my request with good will.’’

Rafkind’s request was unusually broad, as he asked for all of the city’s electronic data on parking tickets, appeals, and towing contracts, among other items. According to average citizens and professional reporters, public agencies have increasingly flouted the state’s public records law by delaying records or by charging large fees.[3]


New indictment filed against former Massachusetts speaker of the house

The new indictment claims that DiMasi extorted his friends who owned a property management company, Genesis Management LLC. According to the indictment, the owners of Genesis founded the company in 2006 with the expectation that DiMasi would help their company secure government contracts. As a long-serving and well-connected state politican, DiMasi could use his political influence in order to help push through legislation that would secure government contracts. In exchange for helping the company, DiMasi was to receive a share of the company's profits[4].

The indictment cites e-mails as evidence that DiMasi was involved in extortion. In e-mails concerning Genesis start-up in 2006, the company owners described how profits would be divided and how the owners, as well as DiMasi, would benefit from the company[5].

The indictment, moreover, alleges that DiMasi ordered an unnamed official to help secure government contracts for Genesis[6].

As a specific example of DiMasi helping Genesis secure contracts, the indictment discusses the details of a contract that put Genesis in charge of managing the Transportation Building, which is a government-owned building in Boston, MA. Shortly after Genesis was founded in 2006, it won the contract over another property management company that had been managing the Transportation Building since 1992. Genesis received millions of dollars from this contract[7].


Brockton superintendent search meeting records are incomplete

"Records from the meetings of the city’s superintendent screening committee make no mention of the voting process used to pick finalists.

No vote tallies are recorded in the records, and no specific details are included about the selection process.

The records consist of just two pages summarizing a total of four meetings.

'I think it’s vague at best,' said School Committee Vice-Chairman Richard Bath, referring to the records. 'It is not the type of minutes I’m used to getting.'"


Resident requests preschool financial records

"A group of residents, citing concerns about the use of taxpayer dollars for Lincoln’s publicly funded preschool program, have called upon the school administration to release information related to the operation of the Lincoln Preschool.

Julie Lynch collected more than 50 signatures on a petition requesting all documents related to the financing of the public preschool. Dissatisfied with the lack of a response from the School Committee, Lynch took her inquiry one step further last month, submitting a formal request through the Freedom of Information Act (FOIA)."


Walsh fiasco shows value of public records law

"The emails that derailed state Sen. Marian Walsh's bid for a high-paying state authority job saw the light of day only because of the Massachusetts Public Records Law. It was one of those rare instances where transparency trumped politics as usual, where a law designed to reveal the inner workings of government actually worked.

The state's Public Records Law is generally weak and ineffective. Vast swaths of state government are exempt from the law and many documents are shielded from its reach by a growing list of legislatively approved exceptions. Many government officials ignore the law and others subvert it by improperly withholding documents or charging excessive fees to produce information. Which is why the Walsh case is so refreshing."


State lags in online access to public records

"It’s a paradox: in a state that prides itself on intellectual capital, Massachusetts ranks 38th out of 50 states when it comes to having online accessibility to public records, according to a national survey released Sunday.

Bits of information such as audit reports, fake business name registrations, consumer complaints, bridge inspection safety reports, child care center inspection reports, hospital inspection reports, school bus inspections, school inspections, safety records, gas pump overcharge records, and death certificates are not archived on the state’s Web site, according to the survey."



Putting public records online

"If, as a taxpayer, you're paying to have death certificates recorded by the state, school buses inspected for safety, government agencies audited for accurate record keeping and proper oversight of highway projects and contracts, should you have to pay - again - to see those records online? Probably not, but in many cases you do.

This year's Sunshine Week public records project kicks off in the Sunday Daily News and in hundreds of newspapers across the country.

For the national piece of this project our reporters checked the state Web site to see if 20 categories of information were available, for free, online. Categories included such things as statewide school test results (yes, for Massachusetts and 48 other states); audits of state commissions and agencies (no for Massachusetts but yes for 45 states); and bridge inspection and safety reports (no for Massachusetts but yes for 24 other states)."


Forget about the $14K: New price tag for Cambridge Public Schools records: $14.21

"After the state’s public records division ordered Cambridge Public Schools to nix its $14,000 charge for public information, the school district now says it will cost a total of $14.21 for a complete list of students.

The Chronicle originally made the request in 2007 using the Federal Educational Rights and Privacy Act to gain access to a list of Cambridge Public School students that would be used for informational purposes, not for publication.

"We're pleased that the public's right to know prevailed," said Greg Reibman, the Chronicle's editor in chief. The Chronicle plans to pay the fee."


Deal cut on Falmouth High construction

"The Falmouth High School Building Committee and Board of Selectmen have approved an agreement with the general contractor of the stalled Falmouth High building project, but the town's attorney refused yesterday to release the new contract.

The $86 million renovation and addition is more than two years behind schedule and $19 million over budget.

After discussing the terms with TLT Construction Corp. behind closed doors in executive session yesterday morning, selectmen voted 4-0 in open session to approve the agreement. But Frank Duffy, the town's attorney, said the document "still had more processing" to be done and told reporters they must file a public records request to see the agreement."


State says Cambridge Public Schools can't charge $14K for public records

"The state’s public records division ordered Cambridge Public Schools to nix its $14,000 charge for public information, saying the school district should be charging a reasonable rate for a complete list of students.

The Chronicle originally made the request in 2007 using the Federal Educational Rights and Privacy Act to gain access to a list of Cambridge Public School students that would be used for informational purposes, not for publication.

“You are hereby ordered to provide [the Chronicle] with a revised written, good faith estimate which reflects the actual costs of providing the names of the students whose parents have consented to release of ‘directory information,” Supervisor of Public Records Alan Cote wrote in a Feb. 12 letter."


Less-than-public records

"The Massachusetts Public Records Law gives government officials too many ways to withhold information. When a citizen requests an official record, the agency in question is required to answer the request within 10 days. But agencies sometimes respond slowly, demand exorbitant fees, improperly claim one of the numerous exemptions in the law, or just blow off the request.

Recently, at a State House forum hosted by CommonWealth magazine, Representative Antonio Cabral of New Bedford recalled asking a district attorney for figures on money raised from drug forfeitures. The request was turned down, he said, on the grounds that the Public Records Law exempts information related to criminal investigations. The argument was bogus; releasing general budget information doesn't compromise any investigation."


Record request reasonable and lawful

"Boy, oh boy. What a waste of time and money.

Last Thursday, while temperatures plunged outside, there was enough hot air to float a dirigible in Room 17 of Worcester Superior Court as lawyers for this newspaper and the city argued over a public records case that never should have seen the inside of a courtroom.

Any attempt on my part to be objective would be disingenuous here, so let me note upfront that I’m a journalist and I work for the T&G, so of course I believe firmly that the city’s lawyers are — how can I put this in diplomatic legal jargon? — flesh-eating jackals."


Patrick targets ethics lapses

"Governor Deval Patrick yesterday proposed a sweeping overhaul of the state's ethics and lobbying laws that would give an array of state authorities unprecedented powers to tap phones, subpoena records, and punish corrupt officials.

Following the recommendations of a 12-member panel formed after a series of scandals roiled the State House, Patrick proposed giving subpoena power to the secretary of state's office and wiretapping authority to the state attorney general. And he would make it easier for the attorney general to win public corruption convictions."



Taxpayers fund school officials' meals, lodging at conference

"Public officials keep saying money will be tight this year and budget cuts are looming.

But that didn't stop school department employees and school committee members from Haverhill, Methuen, Andover and North Andover — and across the state — from attending a conference on Cape Cod in November where many slept in hotel rooms and dined on the taxpayers' dime."


Yoon says city records should be an open book

"In the wake of bribery indictments against state Senator Diane Wilkerson and City Councilor Chuck Turner, Councilor at Large Sam Yoon says the city can no longer do business as usual or allow the public perception to linger that deals are brokered over restaurant lunches or in clandestine meetings away from the public eye.

Last month, Yoon introduced a resolution before the council urging Boston to post important details about the activities and composition of various committees, boards, and commissions on the city's website.

The measure, which is not binding, passed unanimously on Dec. 17."


State upholds records denial by Dennis-Yarmouth School District

"The state supervisor of records has upheld a denial by the Dennis-Yarmouth Regional School District for records sought by Cape Cod Today.

Cape Cod Today had sought disciplinary records pertaining to two incidents at the school district earlier this year: one in which students at Nathaniel S. Wixon Middle School filled another student's water bottle with toilet water, and another in which three teachers at Mattacheese Middle School did not evacuate students in their charge during a fire.

On Oct. 22, school district superintendent Carol Woodbury issued letters denying the two records requests."


Closed session on Rojas records blocked

"A closed-door meeting last night between city councilors and City Manager Michael V. O’Brien, to discuss the Telegram & Gazette’s legal efforts to force the Police Department to release details about misconduct investigations involving Officer Mark A. Rojas, was scuttled after District 4 Councilor Barbara G. Haller used a procedural measure to temporarily block her colleagues from meeting in executive session.

Lawyers for the newspaper are scheduled to go to court Jan. 15 to ask Superior Court Judge C. Jeffrey Kinder to order the release of four case files involving Officer Rojas and to list specific exemptions to the state public records law for any redactions made by police officials."


T&G goes to court in records case

"The Telegram & Gazette went to court yesterday in an effort to force the Police Department to release details of four misconduct investigations involving Officer Mark A. Rojas.

The Police Department masked all 764 pages of four internal affairs cases in black ink before turning them over to the T&G last week.

The hundreds of completely blacked-out — redacted — pages make it impossible to determine what Officer Rojas was accused of, how the complaints were investigated and whether the officer was found culpable of any wrongdoing in those four cases."



Trust redacted

"Whatever satisfaction Worcester police officials may have taken in thumbing their noses at the state Public Records Law, the release of voluminous files with most of the relevant public information blacked out ill-serves the public and the department.

The Public Records Law, buttressed by the courts, mandates that case files of investigations into complaints from the public be made available to the public. The law requires the records be handed over without delay.

The logic is clear: The public has a vital interest in knowing whether allegations of misconduct are taken seriously and investigated thoroughly. The public needs to be informed in a timely manner that appropriate disciplinary action is taken if the allegations prove to be true."


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