Town officials face probe on meeting law
School officials in Georgetown, already under fire for spending $143,000 in taxpayer money instead of returning it to town coffers, are now facing a state investigation for allegedly violating the state Open Meeting Law .
Georgetown resident Lynn R. Messman last Thursday filed a complaint with the office of Essex District Attorney Jonathan W. Blodgett.
In it, Messman alleges that the School Committee's Student Affairs and Activities subcommittee violated the law -- and the School Committee's own policies -- as it moved to put into place the first athletic policy to govern tryouts for school sports teams.
``The overall intent is good, but clearly people have strong feelings about this," said Messman, whose children are on the school track and basketball teams and could be affected by any change to the tryout policy. ``It's an issue that should be publicly debated."
As they drafted the new policy, which was included in an 18-page Athlete-Parent Handbook, the two subcommittee members met behind closed doors with the district's athletic director, Guy Prescott. Town records show the public had not been notified of the subcommittee meetings, and no minutes of the discussions were kept, school officials acknowledge.
``Apparently, we did inadvertently violate the Open Meeting Law," said David Bjork, School Committee clerk, who, with George A. Moker, School Committee chairman, served on the subcommittee. ``As far back as anyone can remember, it has not been the practice of any of our subcommittees to post meetings and publish minutes. We did not realize it was required. We are changing that practice immediately."
After reviewing Messman's complaint, last Thursday the School Committee unanimously rescinded its approval of the Athlete-Parent Handbook, effectively repealing the athletic tryout policy, and voted to take another look at the issue. The School Committee plans to appoint two new members to the subcommittee on Sept. 14, Moker said, adding that neither he nor Bjork will be reconsidered for those appointments.
However, the actions taken by the School Committee last Thursday won't preclude the state's investigation, according to Tom Donovan, Essex County assistant district attorney.
``We have received a written complaint, and we will do our due diligence and look into it," Donovan said.
The maximum penalty for failure to comply with the Open Meeting Law is a fine of up to $1,000. In most instances, however, the state seeks instead to fashion a remedy that ensures the public access to town committees and the decision-making process.
The state investigation comes after a public brouhaha over the expenditure of some $143,000 in unanticipated funds, money that was left over in the district's fiscal 2006 budget. Under state law, school officials were required to spend those funds by the end of the fiscal year on June 30 or turn the money over to the town, where it likely would have been added to the town's free cash account.
``The school department generally doesn't turn anything over to the general fund at the end of the year," said Selectman Richie Clough. ``It's kind of like a slap in the face, because they certainly know where to go when the free cash is there."
The School Committee at its June 8 meeting had authorized spending about $50,000 of the unanticipated money; the remaining $93,000 was spent by school business administrator Stephen Fortado under the direction of Superintendent Larry S. Borin. Borin had asked the principals of each of Georgetown's schools to submit a list of their immediate needs, and then decided how to allocate the funds based on those lists.
``It's clear that everything that was spent was spent on the schools," said Selectman Lonnie Brennan. ``How it was spent may be questionable, but it's up to the School Committee to police their own policies. It's a shock to the town, but I think it's an issue that can be handled."
Among the items ordered in late June: $25,960 worth of textbooks and 28 Dell computers totaling $41,662 to replace obsolete machines. Eleven of those computers were installed at the middle/high school computer lab, for student use, while the rest were dispersed throughout the district for use by administrators and other district employees. An additional $21,635 was spent to cover the first-year lease of two copier machines, one for the central office and the other for the middle/high school.
Furtado submitted invoices to the School Committee for each item and three of the School Committee's five members signed off on the warrants authorizing payment of those invoices, public records show. According to Moker, he and other elected school officials are upset because the School Committee was denied the opportunity to review and approve the expenditures before the computers and other supplies were ordered.
``The items were ordered and received, and only after the items were ordered and received were members of the School Committee asked to sign off on the warrant," said Moker, noting that current policy calls for the School Committee to approve expenditures before items are ordered. ``When you are asked to sign off on a warrant, there is some expectation that the warrant that's put before you includes expenditures that had the prior approval of the School Committee."
The School Committee ``is investigating the unauthorized expenditures," Moker said, and was scheduled to meet yesterday with Furtado and Borin. Both men are in the town's employ at the will of the School Committee and could face disciplinary action, including dismissal.
Local leaders say the spending issues, coupled with the alleged violation of the Open Meeting Law, are eroding public trust in the School Committee and district officials at a time when the district can ill afford such grave missteps. Attempts to pass property tax overrides to support the schools have failed each of the past two years, prompting local nonprofit groups -- including the Parent Teacher Association and the recently revived Georgetown Education Foundation -- to redouble their efforts to raise money for the schools.
``We're usually the last people to find out what goes on with the schools," said Clough. ``Things are done at the School Department with smoke and mirrors. This just comes back and proves it again."
Added Georgetown PTA president Lisa A. Woodford, ``The School Committee is trying to have a transparent budget, but when things like this happen, it destroys that trust and you have to work so hard to get that back. For every one step forward, you take 10 steps back. This has really polarized the community."
Woodford and several other Georgetown parents, including Messman, have written letters to the School Committee in support of Borin and Fortado. Those letters are highly critical of the School Committee for failing to call attention to any unauthorized spending before the warrants releasing the funds were signed.
The School Committee, meanwhile, is working to restore the public's faith, Moker said.
He noted that the tryout policy Messman objected to has been rescinded, and that all of the School Committee's 14 subcommittees -- not just the Student Affairs and Activities subcommittee -- will now abide by the Open Meeting Law by providing advance public notice of their meetings and publishing minutes.
Moker also noted that the School Committee televises its meetings and is working closely with town officials to make the district's budget process more accessible, so that residents know exactly where their tax money is being spent.
Two members of the town's Finance Advisory Board -- Timothy Ruh and Jonathan L. Ayres -- have been appointed as liaisons to the School Committee.
``In my opinion, a lot of people speak with emotion when they speak about the school department," said Ayres.
``We don't want conjecture. We want facts. If we have a better knowledge of what they're doing, it will help to restore the public trust. We can relay to the public the facts."
Added Moker: ``We are very sensitive to the fact that we need to make as much as possible open to the public. Our heart is in the right place. We will make this right."
Brenda J. Buote may be reached at bbuote@globe.com. 
