gerrynutter'slowell

City Councilor Rodney Elliot has gone after the LHA questioning the use of ” force labor” on the Council floor even after being informed that the Lowell City Council has no jurisdiction or authority over the LHA will get an education at this weeks meeting.

On Jan. 22nd Elliot was quoted in the Sun after a Council meeting where he asked the Manager to “check with HUD” about using force labor ” said he was surprised by Wallace’s response to the public-records request. “No contracts for work on an $8 million project,” he said. “That just does not make sense to me.” Elliott, who filed the contracts motion, said he is also concerned it appears none of the work was put out to bid. He asked Lynch to find out whether HUD approved the LHA using force labor to conduct the rehab work. The Sun ran a story a few days later saying that this was in fact a legal and common practise.

This week several Labor representatives including newly appointed member Tim Green (who Elliot voted against) are registered to speak under the public participation portion of the City Council Agenda to educate the councilor, council and viewing audience about the force labor issue and how it is a positive for the city and the qualifications of LHA workers.Scheduled to speak are – Joseph Grenham, David Purtell, Joseph Gangi, and Tim Green

Should be a very educational meeting for all.

Thanks to Deputy Supt.Jay Lang and School Committee members Kristin Ross-Sitcawich and Kim Scott for supplying me with the contract information. In addition I have been informed that “once the new website is up and running the plan is to have a contracts section under Finance & Operations.”

It should be noted that Supt. Franco and Asst. Supt. Lang, Murphy and Abrams beginning with these contracts signed in 2011 all agreed to a Maximum payout of sick time when they either retire , leave or IF their contract is not renewed (or in the event of their untimely death) @ 33 1/3%.

The 3 Asst. Supt’s. receive 12 sick days a year that they can carry over unlimited but would be paid capped at a payback of $30,000 Max for unused sick time. Asst. Supt’s receive 25 vacation days a year with a Max. carryover of 80 days.

In addition they agreed that all sick days they have accumulated over their years in the Lowell School Dept. before this contract would be capped and they would be entitled to that dollar amount and that would NOT count against that $30K Max.

The Supt. also agreed to 12 sick days a year.

Supt. Franco agreed to a $20,000 MAX payout of unused sick time and like the Asst. Supt’s agreed that all sick days she has accumulated over her years in the Lowell School Dept. before this contract would be capped and she would be entitled to that dollar amount and that also would NOT count against that $20K Max.

In addition Supt. Franco agreed to turn in all unused and acquired vacation time she earned prior to becoming Supt. and that would be paid to her over the 3 year life of this contract at her Asst. Supt. rate. She receives 25 vacation days a year and can carry over 20 of those days up to a max of 60 days.

Supt. Franco, Asst. Supt. Murphy and Abrams have 3 year contracts, Asst. Supt. Lang has a 5 year contract.(Ma. Law allows a school committee to lock up their business administrator longer than other Asst. or the Supt.)

Termination Conditions:

Supt. Franco’s contract is based on 222 days worked at a per diem of $765.77 . It states that “This Agreement may be terminated by mutual written agreement upon 90 days notice.”

Later in the contract it specifies that ” All notices under this Agreement which are required to be delivered by the Superintendent to the Committee shall be delivered to each member of the Committee either in hand or by mail to the Committee members last and usual place of abode.

B. A copy of all notices shall be delivered or mailed to the City Solicitor, Law
Department, 3rd Floor, City Hall, 375 Merrimack Street, Lowell, MA, 01852.

Concerning any payout at time of termination it states: At the time of the Superintendent’s retirement, death, termination, the Superintendent or her estate will receive 100% of all accrued vacation and 1/3 (33 1/3%) payment of all unused sick leave, subject to a $20,000.00 severance payout cap.

All 3 Asst. Supt. contracts are based on 222 days worked at a per diem of $535.87. It states that “This Agreement may be terminated by mutual written agreement upon 90 days notice.” of his / her intention to the Superintendent of Schools and the Superintendent of Schools accepts said resignation, otherwise, termination of the ASSISTANT SUPERINTENDENT shall be in accordance with Massachusetts General Laws, Chapter 71, Section 42, as amended by the Education Reform Act of 1993.

Concerning any payout at time of termination it states: At the time of the Asst. Superintendent’s retirement, death, termination, the Asst. Superintendent or their estate will receive 100% of all accrued vacation and 1/3 (33 1/3%) payment of all unused sick leave, subject to a $30,000.00 severance payout cap.

In addition by recommendation of Supt. Franco and a vote of approval by the Lowell School Committee Asst. Supt. Lang became Deputy Superintendent Lang at an increase in salary by an additional $5,000 on Oct. 11th 2011

Headmaster – The Headmaster called the Principal in this agreement receives a base pay of $125,000 The PRINCIPAL shall be employed for a three(3) year period commencing July 1, 2010 through June 30, 2013.
If the Superintendent fails to notify the Principal of the non-renewal of this agreement or any subsequent agreement at least sixty days prior to its expiration it shall be automatically renewed for an additional one year period.

The Superintendent and the PRINCIPAL shall meet at least ninety (90) days prior to the expiration date of this Agreement for the purposes of reviewing continuation of the Agreement and to discuss the salary and other terms of the Successor Agreement. The Superintendent of Schools may, following consultation with the Principal, reassign or transfer the PRINCIPAL to another principalship within the Lowell Public School District at any grade level for which the Principal is duly qualified.

He earns 15 sick day and can carry them and 2 personal days a year The PRINCIPAL shall report to work ten (10) days prior to Staff Orientation day at the beginning of the school year and thirty one (31) days after the expiration of the teachers’ work year as scheduled by the Superintendent of Schools. The work year of the PRINCIPAL shall consist of these forty one (41) days, staff orientation day, and the number of instructional school days as set forth on the school calendar adopted by the Lowell School Committee.

In the event that a principal desires to terminate his / her contract before the ’01 term of service shall have expired, he/she may do so with a least ninety (90) days written notice of intent to the Superintendent of Schools and the Superintendent accepts said resignation.

From my friends at the Framingham Patch dated Feb. 29th

School Committee Chair Beverly Hugo said the School Committee will vote to ratify the contract and release details of the contract on Monday evening.

After “active negotiations,” the Framingham School Committee “has come to an agreement” with Dracut Superintendent of Schools Stacy Scott, said School Committee Chair Beverly Hugo Wednesday night.

“We have executed a contract and will vote to ratify it in open session at our meeting Monday night,” said Hugo.

The School Committee voted unanimously early this month to hire Scott as the next superintendent of school for Framingham.

Superintendent of Schools Steven Hiersche announced he would not return in August.

Hugo said the School Committee would issue a press release on Monday evening with details of the contract.

The decision by Stacey Scott to leave Dracut for Framingham and take $20,000 along with him inspired someone to ask me what it would cost to let Supt. Franco or one of the Asst. Supt’s walk away from their job for greener pastures. Which led me to wonder about the Greater Lowell Tech Supt.? Or Tyngsboro Supt.? I had No clue so I tried to do a little research and found the following:

The Greater Lowell Technical School is the ONLY School system to have ALL contracts online and available to the Public.

The Lowell and Dracut School Departments do not (Dracut Forum had a copy posted of Stacey Scott’s contract) nor does the City of Lowell or Town of Dracut make contracts available online for city or town government.

Tyngsboro has contracts online for the entire Town Government.

Something Lowell and Dracut should also do in this era of ‘Transparency” ! Yet there is no group or newspaper calling for this to happen. The former Move Lowell Forward requested this at the tech a few years ago but no one has asked the Lowell School Dept. or City of Lowell or Town of Dracut to make all contracts available online.

Anyway after reviewing information I could find, here are the cost associated with a Supt. or Asst. Supt. pulling a Stacey Scott and fleeing the contract they agreed to.

Greater Lowell Tech: Supt Mary Jo Santoro $160,000 Salary based on 243 work days in a year. She is required to give 6 month notice via Certified Mail to the Chairman of the School Committee’s Home Address (committee can at their discretion allow less than the 6 month notice.)

She would receive a Lump Sum payment 100% of monies for WORK PERFORMED and 100% of unused Vacation Days not to exceed 45 days. Nothing defined about sick days in the termination language.

Asst. Supt. Robert Lussier $131,000 salary based on 243 work days in a year. He is required to give 6 month notice via Certified Mail to the Superintendent / Director’s Home Address (Who can at their discretion allow less than the 6 month notice.)

He would receive a Lump Sum payment 100% of monies for WORK PERFORMED and 100% of unused Vacation Days not to exceed 45. Nothing defined about sick days in the termination language.
There is NOTHING in the contract of the Administrator’s (Director’s) that deals with any termination language or payouts.
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Lowell – No information is available online. I did find contract information for Supt. Franco and the Asst. Supt.’s from an old Post I did in June of 2011 but nothing with exact details or dealing with voluntary termination.
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Dracut – We know what Scott’s requirements are (see a former post) the thing that I noticed is the contract does not specify the number of days worked per year. So technically can he work only the same number of days as teachers? How do you figure out what his per diem rate is if you haven’t spelled out the number of days required to work?
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Tyngsboro Supt. receives $132,500 based on 260 work days a year and has the most interesting Termination clause.

21. Termination by the Superintendent Prior to Expiration

The Superintendent shall be entitled to terminate this contract prior to its expiration date, upon written notice to the Committee of one hundred fifty (150) days. Said notice shall be sent by registered mail, return receipt requested, to the residence of the Chair of the Committee. The Superintendent may request, and the Committee may consider termination on less than one hundred fifty (150) days notice.

Should the Superintendent choose to terminate this contract and leave the employment of the Tyngsborough Public Schools to work as Superintendent in another school district prior to its expiration date, he shall compensate the Committee an amount equal to fifteen percent (15%) of his annual salary within the first year of the contract; ten percent (10%) of his annual salary within the second year of the contract and ten percent (10% ) of his annual salary within the third year of the contract.

I think this is the most interesting contract and believe this is a fair clause for ANY public official who wants a contract. In Lowell the Manager gets a 3 month severance if the Council terminates his contract but there is no penalty (from what I recall because I can’t read it online) if he is the one who walks away.

Should City/Town employees under contract have a termination penalty if they choose to leave ahead of the contract expiring?

This morning on City Life Greater Lowell School Committeeman Erik Gitschier stated that he didn’t feel his fellow committee members should be able to receive the School Health Insurance. Greater Lowell Tech School Committee unlike a Lowell School Committee member doesn’t receive a stipend but can pay the same cost of a staff member and receive the health Insurance. (Lowell School Committee members can also take City Health Insurance).

Member Paul Morin is a retired teacher and would be eligible to collect it anyway. Member Steve O’Neil is a Lowell Police Officer so he receives a public paid for Insurance (like Mr. Gitschier who works in the public sector) and Mr. O’Hare is retired from Verizon and receives his insurance from them. That leaves 4 members out of 8 who pay the same as a staff member and receives the insurance.

I’ve always found it strange that a person on the public payroll such as Mr. Gitschier would criticize a fellow member for collecting a benefit that he is entitled to when he collects his salary and benefits from the public.

I grant you that members don’t work 40 hours a week but most former school committee members will tell you, you spend everyday talking with someone about the school. Gitschier proved that my relaying a conversation he had while walking down the aisle at Market Basket. Does he think people don’t speak with all others members also? Since the state of Ma. mandates that all people have insurance, why is Gitschier calling out his fellow members for taking it?

In a budget that is well over $34 Million Dollars Gitschier wants to criticize his fellow members over maybe $80,000 that they are entitled to for their service? At least 2 members that I am aware of are private business owners who also create jobs and hire people and unlike Mr. Gitschier work in the private sector and not on the public payroll.

He also seemed a bit frustrated with a couple of his fellow Lowell members and stated he doesn’t believe in the tradition that the Tech School Committee has allowing the longest serving member who hasn’t been Chair be the Chair and wants to change that. (I believe the Lowell School Committee follows that same tradition when they select the Vice Chair.)

I have been told that it is 100% certain that Dr. Stacey Scott will announce tonight that he is leaving the Dracut School Dept. at the end of this School year and has accepted the job of Supt. of Framingham Schools.

The news should come has no surprise and the Dracut School Committee will have to begin the search for a new Superintendent.

Here is the text of the Press release that the delegation will be distributing at today’s press conference. A nice job by Sen. Donoghue along with State reps. Murphy, Golden and Nangle.

PRESS RELEASE

THE LOWELL DELEGATION HOLDS PRESS CONFERENCE REGARDING SEVERAL RECENT LOWELL GRANTS

(BOSTON, MA) – Senator Eileen Donoghue and Representatives Kevin Murphy, Tom Golden, and David Nangle held a press conference today with City Manager Bernie Lynch and Police Chief Ken Lavallee to recognize several recent grants awarded to the City.

In January, the City of Lowell was awarded $500,000 from the Executive Office of Energy & Environmental Affairs (EEA) to assist with the Concord River Greenway construction. The money will be used for the construction of a paved path along the Concord River.

Earlier this month, the City of Lowell was awarded $450,000 in Senator Charles E. Shannon Community Safety Initiative (AKA Shannon Grants). Shannon Grants are used to create regional methods to confront gang violence through multidisciplinary approaches. These funds are vital to the Lowell Police Department’s continued efforts in combating gang- related violence in our community.

Additionally, Lowell was given a MassWorks grant in November to assist in the construction of the Rivers Edge project. The City was awarded $1.5 million to create 28 housing units including 14 single-family homes and seven two-family homes. This project is identified in 2020 Vision: Planning for Growth in the Northern Middlesex Region.