CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

CLT UPDATE
Thursday, December 23, 2004

Hackarama Unlimited expands with new state "law school"


University of Massachusetts trustees voted yesterday to launch the state's first public law school by acquiring a tiny private school in Dartmouth over objections from one board member who said university leaders were trying to "ram through" the most significant UMass expansion in more than a decade.

At a crowded meeting yesterday, the board voted, 12 to 2, to acquire the Southern New England School of Law, a 260-student school that is not accredited by the American Bar Association. The plan will now go before the state Board of Higher Education....

Critics of the UMass plan, including leaders of several competing Massachusetts law schools, have said it would cost taxpayers as much as $40 million to bring the law school up to ABA standards. University leaders, however, say accreditation and financial reports show that the school is in good shape and accreditation can be won for less than $1 million without spending tax dollars. The school will continue to support itself, they said....

If its acquisition is approved, it would represent the most significant expansion of the university since UMass-Dartmouth and UMass-Lowell joined the system in 1991.

The Boston Globe
Wednesday, December 22, 2004
UMass trustees OK law school
Acquisition plan now in state board's hands


"Forcing this to a vote in nine weeks is preposterous," said trustee Larry Boyle. "We spend more time selecting what ice cream vendor we're going to have in Amherst than we do with respect to a merger with a law school." ...

Final approval now rests with the Board of Higher Education....

State Senate President Robert Travaglini (D-East Boston) said he had no objections to the plan so long as it does not cost taxpayers any money.

"I don't see how it poses a threat to anybody," Travaglini said.

The Boston Herald
Wednesday, December 22, 2004
UMass OKs law school merger


As predicted by many, the trustee vote to buy the Southern New England School of Law wasn't even close. At 12-2 in favor, you might have thought a few more zeros on William Bulger's pension were at stake....

So, too, is the list of SNESL employees who stand to make out nicely with pay upgrades....

"There could be an issue of transitional bridging from SNESL pay scales to those of UMass Dartmouth," the law school analysis says. "The SNESL personnel in units other than faculty could be affected in that most if not all currently fall below the UMass Dartmouth pay scale minimums."

Shouldn't we all be "affected" in such a grand way.

At least now we know what all the rush is about.

The Boston Herald
Wednesday, December 22, 2004
UMass law pay to hit new scale
By Cosmo Macero Jr.


Even the most Boston-centric believer in the grandeur of public buildings might be shaken by the juxtaposition of stories in yesterday's Globe. On one page readers encountered the meticulously restored John Adams Courthouse in Boston's Pemberton Square, resplendent in marble, mahogany, and leather. Nearby was another report highlighting the concerns of medical and environmental specialists who warn that asbestos problems in the Middlesex County Courthouse in Cambridge are serious enough to warrant the relocation of workers....

The preservation of justice should rank higher than the preservation of buildings.

A Boston Globe editorial
Wednesday, December 22, 2004
Honoring the courts


Chip Ford's CLT Commentary

Yesterday two more lessons in Massachusetts political culture were reinforced, if not illuminated.

The first is, what they want is what they get. The price will always fit the argument and when it goes over-budget we taxpayers will have another hole that needs to be filled at any cost.

Senate President Robert Travaglini is still playing the game. The Boston Herald reported that he said, "he had no objections to the plan so long as it does not cost taxpayers any money. 'I don't see how it poses a threat to anybody.'"

Does he not recall only last September, when the governor had to veto retroactive pay raises for UMass state employees?  ["Governor vetoes $76m in spending; Retroactive pay for campus workers axed," the Boston Globe, Sep. 18, 2004]

And that leads into the second lesson.

Why are employees of the failing Southern New England School of Law now being rewarded with whopping pay raises simply if the state takes over their institution? I would think that they'd be overjoyed with just keeping their jobs at a discredited college. They negotiated their salaries and benefits in a free market system and obviously were satisfied with the outcome -- they're still working there. So why are they suddenly due a huge increase just because the state is taking over the college?

If there was still any lingering doubt over the advantages of privatization, of competition with the public sector unions, this boondoggle has just dispelled it with a flair.

Instantly, unionized collective bargaining has erased individual negotiated contracts -- to the detriment and expense of taxpayers of course. If you join the legion of state employees you will better your lifestyle, literally overnight!

Chip Ford


The Boston Globe
Wednesday, December 22, 2004

UMass trustees OK law school
Acquisition plan now in state board's hands
By Jenna Russell, Globe Staff


University of Massachusetts trustees voted yesterday to launch the state's first public law school by acquiring a tiny private school in Dartmouth over objections from one board member who said university leaders were trying to "ram through" the most significant UMass expansion in more than a decade.

At a crowded meeting yesterday, the board voted, 12 to 2, to acquire the Southern New England School of Law, a 260-student school that is not accredited by the American Bar Association. The plan will now go before the state Board of Higher Education.

UMass leaders say the effort is an inexpensive way to add a law school to the UMass system. Critics, including some on the board, have said the potentially costly project is being pushed through without sufficient analysis. Governor Mitt Romney last week criticized the board for scheduling the closely watched decision in the days before Christmas.

Jack Wilson, president of UMass, said the decision was not rushed. "This has been a sound, deliberate, careful process," Wilson said at a news conference at his Beacon Street headquarters yesterday. "I feel confident the university has reviewed this matter in depth, and this is the appropriate moment to vote."

Critics of the UMass plan, including leaders of several competing Massachusetts law schools, have said it would cost taxpayers as much as $40 million to bring the law school up to ABA standards. University leaders, however, say accreditation and financial reports show that the school is in good shape and accreditation can be won for less than $1 million without spending tax dollars. The school will continue to support itself, they said.

In an effort to quell concerns about competition, trustees amended the plan approved yesterday to include a 585-student cap on the law school's enrollment, as well as a stipulation that it will remain in Dartmouth, near the Rhode Island border.

The proposal must now win approval from the state Board of Higher Education, where Chairman Stephen Tocco has promised a thorough review that could take months. The board's next meeting is in mid-February.

The acquisition of the law school by UMass-Dartmouth was first considered three years ago, but the idea was abandoned because of the projected cost to the state. Since then, UMass-Dartmouth leaders have built a partnership with the nearby law school, and revived talk of a merger this fall, saying both schools had stabilized their finances. The latest proposal sparked a public relations battle largely fought behind the scenes, where consultants for other law schools labored to shape leaders' opinions.

The 16-year-old law school, which last sought accreditation five years ago, has capacity for 550 students, a 5.6-acre campus valued at almost $10 million, and a $1.5 million "rainy day" fund, according to officials. Tuition is $19,000 per year.

If its acquisition is approved, it would represent the most significant expansion of the university since UMass-Dartmouth and UMass-Lowell joined the system in 1991. It has proved to be the most controversial potential addition since the 1960s, when the medical school was added.

Yesterday's 90-minute meeting was attended by 14 of the board's 19 voting members. Three other trustees participated by phone, although they could not vote, and another sent a letter in support of the project.

Supporters said they are convinced the school is close to accreditation. "There are always more facts you'd like to have. There's always risk," trustee Robert Mahoney said in support of the plan. "The question is, is it managed risk? I believe it is."

Trustee Lawrence Boyle, an attorney, said he first learned of the plan nine weeks ago, and asked for a committee to study the issue. Instead, he said, leaders moved to "ram through" the plan by the end of the year. "This is not like adding a biology major at one of the campuses," he said.

Adding his voice to the opposition, trustee Robert Sheridan cited other priorities for the five-campus system, such as replacing aging buildings.

"There's no clear estimate of the cost of accreditation," Sheridan said.

Through a spokeswoman, Romney reiterated his displeasure yesterday. "The governor is disappointed that the board moved forward on a hurry-up basis, and will now look to the Board of Higher Education to conduct a more thorough examination," Shawn Feddeman said.

James Karam, chairman of the UMass trustees, said he will meet with Romney "to show him our process was thorough."

Supporters included Bristol District Attorney Paul F. Walsh Jr., who lauded leaders for encouraging public service. UMass plans to offer 25 half-tuition scholarships to students who promise to work as public defenders and prosecutors.

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The Boston Herald
Wednesday, December 22, 2004

UMass OKs law school merger
By Kevin Rothstein


University of Massachusetts trustees overwhelmingly approved acquiring a new law school yesterday, bucking critics including the governor who blasted the board for rushing a vote just four days before Christmas.

"Forcing this to a vote in nine weeks is preposterous," said trustee Larry Boyle. "We spend more time selecting what ice cream vendor we're going to have in Amherst than we do with respect to a merger with a law school."

But only Boyle and trustee Robert Sheridan opposed acquiring the Southern New England School of Law to create the state's first public law school.

Final approval now rests with the Board of Higher Education.

"Gov. Romney is disappointed that the UMass board moved forward on a hurry-up basis, and he will now look to the Board of Higher Education to conduct a more thorough evaluation of this proposal," said Gov. Mitt Romney's spokeswoman, Shawn Feddeman.

Most trustees brushed aside the criticism, agreeing with UMass' assessment that the unaccredited law school can be improved and operated with just $650,000 in UMass money. The rest would come from tuition.

"Can we afford it? It's not a very sizable endeavor for a $1.5 billion organization. This is small potatoes," said trustee Robert Mahoney.

Supporters see the law school and its $19,000-a-year tuition as a way to encourage public service law.

State Senate President Robert Travaglini (D-East Boston) said he had no objections to the plan so long as it does not cost taxpayers any money.

"I don't see how it poses a threat to anybody," Travaglini said.

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The Boston Herald
Wednesday, December 22, 2004

UMass law pay to hit new scale
By Cosmo Macero Jr.


Your State U. has done it again.

The stand-up crowd that is the University of Massachusetts trustees stood up yesterday in the name of higher education.

As predicted by many, the trustee vote to buy the Southern New England School of Law wasn't even close. At 12-2 in favor, you might have thought a few more zeros on William Bulger's pension were at stake.

Instead, the board jumped headlong into a questionable deal to pick up the payments on SNESL and place it under the UMass-Dartmouth umbrella.

Gov. Mitt Romney and Attorney General Tom Reilly would like to see a more exhaustive analysis of the law school plan. Ditto for the Board of Higher Education, which saw its own review undercut by yesterday's hurry-up vote.

The list of connected people working feverishly to make this deal happen is long.

So, too, is the list of SNESL employees who stand to make out nicely with pay upgrades.

SNESL Dean Robert Ward makes $150,000 a year. Under UMass pay guidelines, however, his minimum salary would be $165,000, according to a UMass-SNESL analysis of the merger plan.

Three assistant librarians earning between $36,000 and $45,000 would get bumped up to $55,000. And SNESL's acting head librarian, under UMass guidelines, would qualify for a $95,000 full-time salary.

The director of facilities at SNESL would more than double his pay, to $102,150 from $40,800.

And the director of administration and finance would go from $61,500 annually to a whopping $156,594.

"There could be an issue of transitional bridging from SNESL pay scales to those of UMass Dartmouth," the law school analysis says. "The SNESL personnel in units other than faculty could be affected in that most if not all currently fall below the UMass Dartmouth pay scale minimums."

Shouldn't we all be "affected" in such a grand way.

At least now we know what all the rush is about.

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The Boston Globe
Wednesday, December 22, 2004

A Boston Globe editorial
Honoring the courts


Even the most Boston-centric believer in the grandeur of public buildings might be shaken by the juxtaposition of stories in yesterday's Globe. On one page readers encountered the meticulously restored John Adams Courthouse in Boston's Pemberton Square, resplendent in marble, mahogany, and leather. Nearby was another report highlighting the concerns of medical and environmental specialists who warn that asbestos problems in the Middlesex County Courthouse in Cambridge are serious enough to warrant the relocation of workers.

Public support was justifiably high in the late 1990s for the $730 million bond bill to replace and repair the state's crumbling courthouses. Plumbing problems in the Plymouth trial court sickened employees and prisoners alike. Workers in Worcester conducted the court's business in stairwells. Complaints of overcrowding, faulty ventilation, and mildew resounded from Dedham to Greenfield.

Considerable progress has been made addressing a master list of courthouse improvements. Ground has been broken for new courthouses in Worcester and Plymouth, for example. But court improvement plans for Salem and Lowell remain on the drawing boards.

By contrast, the transformation has been dramatic at the John Adams Courthouse, formerly the Old Suffolk County Courthouse and soon to be home of the state's Supreme Judicial Court and its Appeals Court. Expensive engineering challenges arose and were met. Much thought was given to the comfort of judges. Historic preservationists and architects paid exquisite attention to the 19th century details, right down to the decorative borders. The cost for the restoration of the old courthouse grew from an estimate of $96 million in 2001 to $146 million. Officials argue passionately that the John Adams Courthouse will stand as a fitting home to an independent judiciary and its central place in protecting life and liberty. But it is the trial courts of the Commonwealth, not the Appeals Court, that teem with life and litigants. Restoring the physical dignity of Massachusetts courts should be measured in places like Taunton as well as downtown Boston.

Court officials in Boston pledge broad public access to the John Adams Courthouse. It can be, they argue, a centerpiece for tourists on the Freedom Trail. Schoolchildren will discover justice through a great public building. It's a compelling argument. But it is difficult to take it to heart so long as all 10 court-sited day-care facilities for the children of litigants remain closed due to budget cuts. Should one child be inspired by the great atrium of a downtown court while another watches a parent led into a neighborhood courtroom in shackles?

The preservation of justice should rank higher than the preservation of buildings.

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