Don't let PCC spin the Tent Meeting debate tonight

Portsmouth's reason for eliminating the tent meeting is clear — we want decisions to represent the will of all the people — even those who, for whatever reason, are unable to spend a day sitting under a tent. In response to this, the PCC has raised the objection that full-day voting dilutes the vote, thus negating the democratic process. Here's their basic argument, and why they're wrong.

According to PCC President Larry Fitzmorris, the proposed charter change "dilutes opposition to the budget" by allowing multiple petitions. That is, you could have a petition to reduce the school budget by $500K, one to reduce it by $1M, and one to increase it by $100K.

Under Mr. Fitzmorris's theory, you could have one third of the people voting for each proposal, none would gain a majority, and no change would be made to the budget. The PCC argues that this fails to represent the true will of the majority, the 66 percent who want some reduction in the budget.

Sure, if you only allow one candidate proposal to show up on a ballot, it would be much more tidy. But our democracy doesn't work like that. The democratic process in our country — and in the Town Charter — allows for citizens to use petitions to put items to the electorate.

If you respect the right of the people to sign petitions and put proposed changes on the ballot, you must accept this. By analogy, should only one candidate with a particular ideology be allowed to run in an election? As much as the Democrats might have disagreed with Ralph Nader's decision to run, nobody questioned his right. Does this make the decision more complex? Yes. Are people still smart enough to figure out how to vote? Yes.

If you truly trust the people, just keep repeating this: Saying that only MY proposal should be on the ballot is like elections under Saddam Hussein. We believe in democracy.

Tent meeting reform, Monday Night, Portsmouth Town Hall

This is a Public Service Announcement: Below is a note from Sal and Chris Carcellar, who have been spearheading the campaign to put a charter change proposal to the voters that would convert the Tent Meeting to full-day voting.

Just a quick reminder that we're on the agenda this MONDAY, MARCH 26th at 7pm (Town Hall) to ask the town council to put the Proposed Charter Amendment on a ballot.

Hope to see you there.
Sal & Chris Carceller

"Let's Get Out of the Tent and Into the Booth"
http://members.cox.net/vote/

I've heard that the Town Council has received hundreds of letters on this, and I hope to see everybody there on Monday night to show support. If you truly believe that the people should have the power, let's ensure that ALL the people get to vote.

In America, we vote in a booth. Our vote is private. And our men and women in uniform aren't disenfranchised because they are protecting democracy in a foreign land. Parents don't have to struggle finding child care for an unknown length of time, and senior citizens aren't faced with physical challenges.

If we really trust the people, let's do the right thing.

Flo's is open! The first real sign of spring...

Flo's clam shack, an Island Park tradition, is now open Fridays through Sundays. If you're jonesing for that authentic quahog chowda, or their awesome stuffies, or you want a bag of clam cakes to munch while you sit on the sea wall, come on down.

And while you're here, take in Park Avenue's beautiful new sidewalks and charming antique street lamps. Perfect for a sunset stroll along the picturesque waterfront; on a clear day, you can see all the way down to where the Fo'c'sle used to be. Plenty of free parking.

This message brought to you by the Island Park Tourist Board. :)

Another ProJo appearance...

Okay, the Providence Journal. ran my Indeglia letter, under the head, "Let retirees serve as cut-rate judges."

Thanks to Jon at the RI Law Journal for the heads-up. Check out his blog for excellent coverage and "inside baseball" analysis on our RI court system. I read it all the time. And I'm not even a lawyer. Or a judge...

Larry and me

Though we have crossed swords at meetings and in the public prints, I had never spoken directly to Larry Fitzmorris before this evening, at the Portsmouth school Finance Subcommittee meeting, where they were reviewing the draft budget for the next school year. I will talk about the budget numbers, but also about Larry, because I hope it's germane.

In game theory, there is a classic example of non-zero-sum games (where payoffs can be shared) called the Prisoner's Dilemma. In brief: two crooks are caught and held in separate cells. If neither confesses (that is, if they cooperate with each other, even though they cannot communicate) they both go free. If one confesses and rolls on the other, they get a short sentence and the other goes up for 10 years. If both confess (that is, if they "defect" and rat out the other) they both get 5 years. You have to anticipate what the other will do and play accordingly.

In single-turn games, you always defect; pure CYA. However, if you're playing the game for a series of turns — called an "iterated" Prisoner's Dilemma — the optimum strategy is generally held to be "benevolent tit-for-tat." Start out being nice, but don't allow yourself to be taken advantage of. If the other player keeps defecting, you retaliate. But if they cooperate, you do the same, and hopefully trust will grow.

When the PCC attorney attacked SOS supporters on Monday, I came out swinging. Tonight, Larry Fitzmorris was more polite to me, personally, and to the school committee than I had any right to expect. He was tough but balanced in his questioning of the committee's numbers, and he actually extended an olive branch. Talking about the insane and unpredictable payments into the state retirement system, he said, "We have common ground here. This needs to be squared away. If the General Assembly says we owe them another 300K, we're all in real trouble."

I agree with Larry. There is common ground to be had here. Sure, we would all like lower taxes, and if instead of just cutting the levy, we could work together to apply political pressure that goosed the state funding formula, and prompted accurate payments for group home beds, we could have a win-win.

Did Larry (and his associates, Forrest Golden and Paul Kesson) pick at the numbers? Absolutely. As one would expect them to, given their constituency. But they were polite. Assertive, sure, openly hostile, no.

The numbers themselves are tough, but not hopeless. The bottom line in the draft budget (which is still pending negotiations with principals, admins, and maintenance workers, is $33,739,228, which puts it about 300K over the 5.25 Paiva Weed cap. On the revenue side, there is about $33,068,770 projected to be available. I'm not an accountant, but it seems like the cutting required by law to get under the cap is going to be an exercise that might get the budget within striking distance of the revenue side. As we heard accountants testify at trial, finding 1% should be possible, this early in the game. It's going to be tough, yes, but we knew that going in.

While I am cautiously cooperating in this round, please do not think that any slack offered to Larry extends to Jamie Heaney. With the lift tickets from his recent ski vacation dangling from his jacket, he questioned Superintendent Lusi about anticipated Little Compton tuitions.

"How is that paid," he asked.

"We bill quarterly," Lusi explained, then noted that this year, however, we had only just sent out the bill, a point discussed at the Caruolo trial.

"Why are we behind?" said Jamie, earning him the HeaneyWatch™ for the evening.

Uh, Jamie. Maybe they don't have the Sakonnet Times in Aspen, but there's this little problem of the part time finance director? It might have been mentioned at a meeting or two? I have reasons for this defection which are specific, and Jamie knows what they are. No reason to extend this strategy to the larger game.

How long will glasnost last? Let's see. Monday night, the Town Council is going to take up a petition to put before the citizens of Portsmouth a proposal to convert the Tent Meeting to all-day voting. This can be an ugly battle, or a civilized coming together to get to an answer that everyone feels good about.

Your move, Larry.

Portsmouth Town Council hosts RI Ethics Attorney

Jason Gramitt, an attorney with the Rhode Island Ethics Commission, did a 90-minute presentation and Q&A tonight with the Council (except Tailgunner Gleason, who was absent), members of the School Committee, several town boards and commissions, and about 20 citizens. He discussed identifying and avoiding conflicts of interest, the process of recusal, and the sometimes delicate questions of gifts.

Throughout his presentation he stressed a common-sense approach. "There's no line that separates ethical and unethical," he said, "It's more of a zone, a big gray zone of 'the appearance of impropriety,' and you don't ever want to be in that zone." When in doubt, he suggested "slow it down and air it out," by talking it over with colleagues, family members, or constituents — a call to the commission is also always an option, and they are happy to offer opinions on any actual (not hypothetical) situations.

The first step, identifying a conflict of interest, might seem straightforward, and Gramitt described three tests: Is it "reasonably forseeable" that
1. A decision I am helping to make,
2. Will result in a financial benefit or detriment,
3. To me, a member of my family, or my outside employer, or my business associate.

But there are nuances — family includes everyone out to first cousins, even in-laws. And the definition of "business associates" includes, for example, nonprofit organizations where one is a board member.

And there are exceptions, like the "class exception," which applies "if the impact accrues to you not individually but to a significant number of definable persons, and you are going to get the same benefit as every member of that class." Which is why, for example, the Council can vote on budgets, even though Council members all pay taxes.

"But that's all right. Taxes are going down this year," said Gramitt. He looked around, expecting some response. "Thought i'd get a better laugh out of that..."

"Careful," said Council President Canario, "You're in the zone." That got the laugh.

There's nothing inherently wrong with conflicts of interest, Gramitt stressed. In fact, in a small town like Portsmouth, they are almost inevitable with the web of relatives, business associates, and neighbors (NB — "friends" are not included, since they are impossible to define). Once one identifies a conflict, the right step is to recuse oneself from participation. Not just voting, Gramitt said, but any discussion leading up to the vote. "Once you recuse, you are just member of the public," legally required to leave executive session, and best practice is to get up from the table if an open session, and one must always file a recusal form with the Ethics Commission to have it on record.

Finally, Gramitt discussed gifts: regulations prohibit accepting any amount of cash, individual gifts over $25, and cumulative gifts totally $75 in a calendar year. Sylvia Wedge, School Committee chair, raised the question of free passes to football games given by the schools to the committee. "If it's an important part of the oversight function of the school committee," he said, it might be okay, but if more for entertainment or social value, it would be considered a gift. Jim Seveney summarized: "Thanks for coming. Buy a ticket."

Canario raised the question of a dinner presentation by a major developer. "You may accept gifts of information," said Gramitt. Expensively produced binders, slide shows, talks, even free tuition at informative workshops are all okay — but "food, hotel — that you have to pick up."

"Suppose someone invites you to play golf," asked Pete McIntyre.

"You know the answer to that," Gramitt replied.

Just as with conflicts, there are exceptions — if you receive something as a member of a group where everyone gets the same thing (as the Council did when they attended a charity function where free dinner was unexpectedly provided for all) or if you immediately donate any gifted item to a charitable organization, like giving a pair of Red Sox tickets to the Boys and Girls Town.

The council thanked Gramitt for the presentation, and he reassured them "the people who show up at these things are the ones who didn't need it." If you missed the meeting, you can visit the Rhode Island Ethics Commission web site, or give a call at (401) 222-3790.

Don't feed the trolls...

In Internet jargon, a troll is someone who posts deliberately provocative comments to a site for the sole purpose of luring respondents into a heated exchange, or flame war. The kind of person who joins a liberal discussion forum to post pro-Bush messages, then sit back and watch the barking moonbats flame away. Or someone who gets on WADK, say, and accuses a Town Council and School Committee of shady dealings, insinuates a State Senator is in the pocket of unions, and calls school supporters idiots.

Just like Thomas "Trollboy" Wigand, Esq. did yesterday, and I have to admit I was reeled in like a noob. For the first time in my freaking life, I called a talk radio station, and wasted twenty minutes trying to talk rationally in a situation where rational discourse was not possible.

The difference between Wigand's rant and today's equal-time appearance by Senator Chuck Levesque couldn't have been clearer. Where most of Trollboy, Esq.'s callers were loyal dittoheads he couldn't wait to agree with, the majority of Levesque's called to argue. Guess that's just the nature of the talk radio audience, skewing conservative.

But Levesque stuck to the high ground, responding in a fact-based way, and calling for civil discourse and an end to bitter, partisan name-calling. "I don't find calling any group of people 'idiots' productive," he said, and denied that he had any relationship with the SOS. He engaged with one caller who challenged him on state funding, and explained the problems the assembly faces in developing and fully funding a fair formula. He even talked candidly about being convinced by Paiva Weed to vote for the tax cap despite his initial insistence that the funding piece should come first. He sounded reasonable, thoughtful, and candid.

Even so, "Cheshire" Kathy Melvin couldn't resist dialing in to spew some venom, and while she showed restraint in her attack on Levesque's proposed modifications to the Caruolo process, she hocked up a big ire-loogie on the RI DOE, which she characterized as "a holding tank for unemployed educators."

It made me laugh out loud. She called in yesterday, right after I did, and said it sounded like I was the next Democratic school board candidate. I had to be running for something. Just like "Harry" presumed in the anonymous call I got after my first letter to the editor. They'd really like that, both because they think I'd be unelectably extreme, but also, if I actually managed to win, I'd have to watch my mouth. Elected officials can't call somebody Lardy Fatmoonass.

But I digress.

Don't feed the trolls. Unless you feed 'em troll bait right back.

Town Council votes to narrow Turnpike Ave near PHS

At an eagerly anticipated workshop, RI DOT officials presented results of a traffic study on Turnpike Ave near the high school to the Portsmouth Town Council, members of the School Committee, a dozen residents, and Sen. Levesque and Reps Loughlin and Amaral. In unanimous votes, the Council approved short-term improvements to signage and made the decision to narrow the street from four lanes to two from East Main to Rt. 24.

RI DOTs Bob Roccio provided an overview of the data they had collected: Turnpike sees an average traffic volume of 14K vehicles per day (VPD) travelling at an average speed of 43 mph (despite posted speeds of 35 and 30 in the school zone.) "Speed is an issue," Roccio said.

However, based on their analysis, simply adding crosswalks would not be the solution. "It's a behavioral issue," he said. Pedestrians may assume that if a car in the slow lane stops, the rest of traffic will follow. Also, since Turnpike has no raised median, there is no safety area for walkers who only make it part of the way across.

The long term solution the DOT proposed is to add roundabouts -- like the ones slated for installation just south in the Town Center -- at Dexter and the school. In the meantime, Roccio described a short-term package of additional signage, reduced speed (25, to continue the speed limit from East Main), education programs, and, most significantly, narrowing Turnpike from four 11-foot lanes to two 13-foot lanes with 9-foot shoulders.

No construction is planned, rather, "It's just in paint," Roccio said, which would allow DOT to make it happen "As soon as the weather breaks."

State Sen. Charles Levesque asked if reducing the lanes would be a problem, given that the average number of cars is less significant than the morning and evening peaks. "You're absolutely right, " said Roccio.

"That's the first time anyone's said I'm right in this room in about 14 years," Levesque noted, to scattered applause.

Roccio reassured everyone that even with highly peaky traffic the plan was sound. "Reducing four to two lanes with up to 16K VPD works okay," he said, citing DOT experience with a stretch of Rt. 2.

After getting a thumbs up from Chief Hebert, and a few clarifying questions, the council voted unanimously to adopt the recommendations, and made a separate motion to remove the marked crosswalk on East Main from Patriot Drive to the Dunkin Dounts parking lot, where some underclassmen tend to park and walk to PHS.

After Loughlin and Amaral offered a thanks to Chuck Levesque for taking the lead on pushing the process along, the meeting adjourned about 8:20.

WADK Open Forum Caruolo show 3-19: SOS="useful idiots"

Some interesting quotes from this afternoon's WADK Open Forum show with Thomas Wigand, PCC attorney. No writethru. All quotes were captured off the air in real time; I'm happy to correct anything I got wrong, use the contact link on the left to let me know.

Assertion: "Seemed to be a little deal making going on behind closed doors."

They were supposed to "Face it by providing a strong defense." Why not Gavin? Town Attorney pictured on election nights with Democrats.

"The defense threw the case, in my opinion." About Denise Myers: "I saw the attorney looking back for directions."

"For example, one of the witnesses was basically putting on a speech, and the judge interjected. Counselor, speaking to the counselor representing town, excuse me, school committee. Town's attorney should have been objecting to the speech."

"Financial expert hired by town. Witnessed them wink at the school committee's lawyer. Could mean a lot of things, none of them good."

"Cut school committee's request in half... if had asked more questions, would have ruled entitled to no money. Some of you may believe I'm exaggerating. If school committee's numbers were as dire, and were such a slam dunk, why did they hold their meetings behind closed doors. If their numbers were on the up-and-up. Wouldn't they have wanted the townspeople to witness?"

"They were playing with the numbers, moving things around. You be the judge. Doesn't pass the smell test."

"SOS people... i submit they are being played for suckers by other forces. Not with their knowledge or consent."

"Vladimir Lenin, in the early years of the Soviet Union was asked to describe his followers in the West. 'Useful idiots.' Charles Levesque is using SOS as useful idiots."

Caller: "Never have seen opposing attorneys talking with one another. One of the former school committee members was present, she stated that members of the school committee had submitted suggestions for reductions in the budget. Superintendent had denied that there had ever been suggestions for reduction."

Wigand: "Town's defense was hijacked" by the contingent supporting schools.

Caller: "Disturbing that we've gone from town meetings to" behind closed doors "Do we have any say on whether the amount of money budgeted is affordable or even rational?"

Wigand: "No, we have no say, in effect. The judge, on the standing issue, was applying precedent. The whole premise of PCCs argument was that the judge should make an exception because we thought the Town Council would not adequately defend, and guess what? We were right."

Commercial break

Wigand: "Standing refers to the right of somebody to appear as a party." PCC standing should have been accepted bc TC was trying to "end run and trash it. Town didn't defend; voice of taxpayers was not heard."

Caller: "Unlike the general elections" Tent meeting was about who could get people to show up.

Wigand: "The SOS people staged a walkout. What that tells me.."

Caller: "In a real election, that wouldn't happen."

Wigand: "If they walked out, that tells me it was evenly matched." Moots the argument that people couldn't turn out. (thank you caller)

[Half-hour of me chatting with Wigand redacted] Commercial break.

Caller "Think we've heard the first shot for the next election from the Democrats new candidate for the school committee."

Wigand: "It's fair to be called on to defend my position."

Caller: "We had a council that did not support going to court. We had no representation coming from the attorneys -- it was like open season on the school budget. Judge came to best decision he could"

Wigand: "When the judge is asking tougher questions than the lawyers, you know something's rotten in Denmark."

Caller: "Caruolo action was held like a club over the heads of the people of Portsmouth."

Wigand: "TC President was trying to be an honest broker -- let's give credit where credit is due." (thank you caller)

Wigand: "Portsmouth forces of status quo" Compared to a Yugo. "Portsmouth and it's school system looks good in the same way a Chevy Nova looks good." US Chamber of Commerce study; RI Schools bringing up the rear. Portsmouth schools -- terrible. SOS supporters -- while you think you're getting a good education, you're getting played for suckers."

Wigand: Cites Levesque quote in yesterday's ProJo. "Went on the Board of Elections site. Guess who's donating to his election? Teachers." Vacation, sick days -- "They only work 9 months of the year." "It's all about the children," he says sarcastically. (additional benefits and pension calculation discussion.)

"I submit to you that this is what the funding crisis is all about," not education.

Commercial break

Wigand "Two more points about Levesque. PCC wanted trial, not stipulated agreeemnts. On Feb 15, Levesque introduced bill to take future Caruolo acts to Dept. of Education. Keep Feb 15 in mind. Second bill -- the determination of commissioner can be appealed to Superior Court. The SC can appeal, the Town can not. On the same day, introduced a bill to allow SC to hire their own lawyer. A gift."

Caller: "The so-called experts should have been questioned. Everybody remembers Enron. Those companies -- their books had been audited by world-class auditors, and lo and behold, they weren't on the up-and-up. Sarbanes-Oxley."

Wigand: "I don't necessarily compare the Portsmouth School Department to Enron." But accountants can come up with any answer they want.

Sorry I missed RISC's meeting last week...

Go for the continental breakfast -- stay for the bile.

RISC will hold its annual Mid-Winter Meeting on Saturday, March 10, 2007 [...] The featured speaker will be Arlene Violet, former RI Attorney General and well-known radio personality. Violet will share her views on Rhode Island political corruption.

At least we know know where Arlene hones the tired talking points she spews in her Sakonnet Times column. But wait, there's more!

Also on the agenda is Larry Fitzmorris, President of RISC affiliate, Portsmouth Concerned Citizens (PCC). Fitzmorris will provide a synopsis of how his town became “the little engine that could”, forcing the Portsmouth School Committee to reduce its 2007 budget by over $1 million. Overcoming voter apathy and educating the public, PCC has set a standard for other Rhode Island towns in avoiding runaway tax burdens and municipal bankruptcy.
— via Rhode Island Statewide Coalition web site

Awwww. The Little Engine That Could. How nice of Loudy to share the work he's done in our apathetic, uneducated town.

And taking credit for reducing the school budget by over $1M. My, my my. Big brass ones, Loudy. Considering that the Superior Court ruled that a 500K deficit exists, you're taking credit for forcing the schools to break state law.

Oh, sorry. Forgot. State laws don't apply in Portsmouth.

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