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and the
Citizens Economic Research Foundation
Post Office Box 1147 ●
Marblehead, Massachusetts 01945 ●
(508)
915-3665
“Every Tax is a Pay Cut ... A Tax Cut is a Pay Raise”
44 years as “The Voice of Massachusetts Taxpayers”
— and
their Institutional Memory — |
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CLT UPDATE
Saturday, March 24, 2018
Beacon Hill dysfunction on
parade
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Senate
President Harriette Chandler has made her priority clear —
and it’s to tax nearly everything that moves. In a speech to
Worcester-area business leaders Monday Chandler said the
millionaires’ tax is only part of the equation — the Bay
State should augment the $2 billion that new tax would
generate (if it actually makes it to the ballot and passes)
with new taxes on short-term rentals, ride-hailing services,
even sports betting if the Supreme Court gives it the green
light. Really, is that all? ...
[House Speaker Robert] DeLeo has tended to be the voice
of legislative reason on tax matters — at least relatively
speaking. Yes, he supports the millionaires’ tax, but he has
ruled out other broad-based taxes this year (and around here
that’s a win).
A Boston Herald editorial
Wednesday, March 14, 2018
In need of tough tax talk
The president of the Massachusetts Taxpayers
Foundation told the assembled lunchtime crowd that the
state’s economy was strong. What’s more, the economic
recovery has lasted longer than those in the past, and state
tax receipts are coming in above estimates.
Still, [Eileen] McAnneny worries about
clouds on the horizon -- that extra tax money may be coming
from folks who tried to pay their taxes early, ahead of
federal reform efforts. The state still isn’t setting enough
money aside in its “rainy day” fund to satisfy credit rating
agencies like Moody’s and Standard & Poor’s.
And then there’s the cocktail of ballot
initiatives that will go before voters this fall. Any one of
the measures -- increasing the minimum wage, providing
guaranteed paid family leave and rolling back the state
sales tax among them -- could have a harmful effect on the
state economy.
McAnneny, however, singled out the so-called
“millionaire’s tax” -- a 4 percent tax on incomes over $1
million.
A study by the foundation released last
month noted that Massachusetts has already seen a steady
migration of top earners out of the state -- roughly 475,000
people earning $18.9 billion between 1993 and 2016. Adding
another surcharge, she said, would surely accelerate the
trend.
And when top earners leave the state, their
businesses and tax payments tend to go with them....
But, as McAnneny points out, voters and
legislators should use caution before chasing away the
state’s top earners, lest that strong economy turn in a
different direction.
“It’s something we should all be worried
about,” McAnneny said. She’s right.
A Salem News editorial
Friday, March 16, 2018
Don't chase top earners out of state
The power vacuum in the Massachusetts Senate
has meant a paycheck bonanza for several pols who’ve
pocketed a combined $220,000 from their new posts after they
were tapped for key leadership roles amidst an ongoing
battle to replace former Senate President Stanley C.
Rosenberg.
Senate President Harriette Chandler elevated
former Rosenberg loyalists Sen. Jason M. Lewis
(D-Winchester) to assistant whip for $35,000 and Sen. Joan
Lovely (D-Salem) to vice chairwoman of Ways and Means at
$30,000.
The powerful leadership and chair stipends
are on top of the legislative base pay of $62,500 thanks to
a Beacon Hill pay raise approved by lawmakers in 2017, which
also tacked on $15,000 in travel reimbursements for
legislators who live 50 miles or closer to the State House,
and those who live more than 50 miles away get $20,000.
Many of those promoted already made more
than $100,000 a year, but the new posts boost their salaries
and influence in the Senate.
The Boston Herald
Monday, March 5, 2018
Senators win jackpot with power vacuum
The title of the bill may not ever live up
to its inflated billing but there are certainly elements of
the Baker administration’s “Act Enhancing Opportunities for
All” that could help rev up the state’s economy.
The bill, outlined Friday, is jam-packed —
but the section with the best chances to fulfill the “for
all” promise in the title is the one that would make the
annual sales tax holiday permanent....
In fact it is that refusal by lawmakers to
commit to a regular sales tax break — and Beacon Hill’s
overall indifference to the challenges faced by local
retailers — that helped inspire a ballot campaign to roll
back the 6.25 percent sales tax to its pre-recession level
of 5 percent (and make the sales tax holiday permanent).
If Beacon Hill embraces Baker’s proposal,
it’s possible the Retailers Association of Massachusetts
will back off its ballot campaign, but frankly it may be too
late for that....
The Democrats who control the Legislature
took care of themselves last year with a massive pay grab.
This year they can do something for the rest of us.
A Boston Herald editorial
Monday, March 12, 2018
A permanent holiday
5 Investigates uncovered a tiny bathroom
tucked away in a state office building that cost the
taxpayers more than $100,000.
Records obtained by 5 Investigates reveal
that the project was fast-tracked by a high-ranking public
official and no aspect of it was put out to bid, driving up
the cost.
There's nothing particularly fancy about the
bathroom. It has a toilet and sink and an adjoining
kitchenette with a small counter, a couple of drawers and a
mini-fridge.
But don't be fooled. Records show the cost
to the taxpayers was $101,635.
“It's outrageous in my mind,” said Greg
Sullivan, a former state inspector general who is now
research director at the Pioneer Institute. “I think anybody
who owns a home knows that a little half-bath like this
shouldn't cost $100,000."
The bathroom and kitchenette were installed
last year inside the new MassDOT and MBTA board room and
office area in the State Transportation Building.
The bathroom project was put on a fast track
using one of the MBTA's "on-call construction services"
contracts, which are normally reserved for emergency or
urgent jobs....
The cost of the small amenity was split
between MassDOT and the MBTA....
“It's not as though the employees working in
that office area don't have access to a bathroom. They do,”
Sullivan said. “It's right across the hall in the same
floor. They just didn't want to have to go out into the
hallway and use the bathroom with everybody else.”
WCVB TV-5
Monday, February 19, 2018
State spends $100,000 for small bathroom in transportation
building
Costly project was fast-tracked, not put out to bid
In another black eye for the scandal-ridden
Massachusetts State Police, 20 active troopers face
potential sanctions for the apparent theft of overtime pay,
with the most egregious alleged offenders putting in for as
many as 100 no-show shifts, officials said Tuesday.
In a state agency where 245 troopers — about
12 percent of the force — made more than $200,000 last year,
an internal audit of Troop E, a division that covers the
Massachusetts Turnpike, found “apparent discrepancies
between overtime paid and actual patrols worked,” State
Police Colonel Kerry A. Gilpin, superintendent of the force,
said at a morning news conference....
Gilpin said that she couldn’t put a dollar
figure on the amount of disputed overtime, but that the
number of questionable overtime shifts per trooper ranged
from one to “as high as 100.”
The Boston Globe
Tuesday, March 20, 2018
20 state troopers face possible discipline in overtime scam
probe
The series of scandals that has tarnished
the Massachusetts State Police since last fall — most
recently the alleged theft of overtime pay — speaks to an
organization suffering from a breakdown of professional
culture and accountability, police and legal specialists
say.
“You couldn’t have an overtime fraud scheme
if accountability was in place,” said Ronal W. Serpas, who
served 34 years in law enforcement and was formerly police
superintendent in New Orleans, police chief in Nashville,
and chief of the Washington State Patrol....
The overtime imbroglio was the latest in a
litany of embarrassments for the agency. The department’s
last superintendent, Richard McKeon, and his deputy, Francis
Hughes, retired in November after revelations that McKeon
ordered an arrest report altered to remove embarrassing
information about the daughter of a judge. Governor Charlie
Baker and Healey have each announced investigations into
that matter.
Reports in February said that Trooper Leigha
Genduso was a coconspirator in a 2007 drug case who avoided
charges by testifying, yet was subsequently hired by the
State Police. A day later, two more high-ranking State
Police officials linked to the report redactions –
Lieutenant Colonel Daniel Risteen and Major Susan Anderson —
retired suddenly. Genduso, who multiple sources said was
Risteen’s former girlfriend, was then suspended.
Another trooper was suspended this month for
allegedly posting racist rants, while yet another was
relieved of duty for allegedly coming to work drunk.
The Boston Globe
Wednesday, March 21, 2018
After scandals, State Police need to restore accountability,
legal specialists say
It’s one of the oldest Massachusetts hack
tricks in the book — collecting overtime for shifts not
worked — but it shouldn’t be happening in the era of
supposed government reform.
The question now is, how was it allowed to
go on, and who is responsible?
Gov. Charlie Baker got elected promising
fiscal responsibility and tougher ethical standards but it’s
clear that message didn’t reach the Massachusetts State
Police, now facing yet another major scandal.
An internal police audit revealed 21 current
and retired troopers allegedly cooked the books, cashing in
for overtime they didn’t work....
But the fact is, it was a news
organization’s inquiries that triggered the investigation.
Where was the state auditor in all this? And what about the
Inspector General? It was no secret that state police
troopers were raking in hundreds of thousands of dollars in
overtime, and that should have set off some alarm bells.
And the fact that the scandal was going on
under the noses of the police leadership team shows how
widespread the practice had become, and how little the
troopers feared getting caught.
It’s all part of a culture on Beacon Hill
that has long tolerated state employees grabbing as much
money as they can, then retiring with a fat state pension.
The Boston Herald
Wednesday, March 21, 2018
It’s about time for Charlie Baker to take charge
By Joe Battenfeld
Gov. Charlie Baker on Thursday released a
$1.4 billion bond bill that would authorize spending on
climate change preparedness and environmental protection.
The money would be allocated for a range of
projects, from planting trees to repairing dams.
"To build a sustainable and resilient
Commonwealth, we must make strategic investments in climate
resiliency and environmental protection across the state and
shorelines," Baker said in a statement.
The bill includes authorization for $300
million to respond to the impacts of climate change -- $170
million to repair dams and seawalls and help coastal
communities, and the rest split between grants to
communities and implementation of a statewide plan to adapt
to climate change.
Another $297 million will be given in grants
and funding for environment-related community projects. This
includes tree planting, transportation investments and
"community investment grant programs" for municipalities and
planning agencies.
Another $270 million would be spent to
support state environmental programs such as hazardous waste
cleanup, monitoring of air and water quality and the
restoration of rivers, streams and lakes.
There would be $580 million authorized to
invest in deferred maintenance for recreational resources
such as parks and beaches, including money to expand state
trail networks...
In an election year, the bill will let Baker
defend his environmental record. But because the money would
be borrowed, it would not have an immediate impact on the
state's operating budget.
The Springfield Republican
Thursday, March 15, 2018
Storms focus attention on climate change,
as Gov. Charlie Baker releases $1.4 billion environmental
bond bill
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Chip Ford's CLT
Commentary
The past week or two of state news is a sort
of microcosm of dysfunctional Massachusetts politics, a
number of snapshots that produce a comprehensive image of
what we're up against as taxpayers —
and why.
The state senate, besieged by the Rosenberg
scandal, is still trying to find its feet. The State
House News Service "Story of the Week" reports: "Whenever
Spilka does take the gavel, it will make her the third
Senate president in four years —
the same number of presidents the chamber had from 1971 to
2003 (Harrington-Bulger-Birmingham)." In its report on
Thursday, SHNS reported:
Doubling down on the progressive politics that have
defined the Senate over the past three years, Sen.
Karen Spilka declared herself the "Senate
president-elect" on Thursday, though there appeared
to be some disagreement over when the transition of
power should happen.
Spilka, an Ashland Democrat and chair of the
budget-writing Ways and Means Committee, met the
press Thursday afternoon for the first time as the
presumptive next president of the Senate. A day
earlier, Spilka claimed sufficient support to
succeed Senate President Harriette Chandler and end
months of jockeying for the top leadership
position....
Flanked by Chandler to her left and her chief rival
for the presidency Assistant Majority Leader Sal
DiDomenico on her right, Spilka said that social and
economic justice, education and global climate
change will remain front burner issues under her
presidency.
"The Senate has been a leader in the state in
progressive values and progressive ideas and this
will not change as the year goes forward under the
leadership of all of us here working together,"
Spilka said....
Spilka's emergence as the likely next Senate
president comes just over a month after Senate
Democrats decided to install Chandler as the
permanent president for the remainder of the year in
order to bring some stability to the chamber.
This came a week after The Boston Herald
reported:
The power
vacuum in the Massachusetts Senate has meant a
paycheck bonanza for several pols who’ve pocketed a
combined $220,000 from their new posts after they
were tapped for key leadership roles amidst an
ongoing battle to replace former Senate President
Stanley C. Rosenberg.
Senate
President Harriette Chandler elevated former
Rosenberg loyalists Sen. Jason M. Lewis
(D-Winchester) to assistant whip for $35,000 and
Sen. Joan Lovely (D-Salem) to vice chairwoman of
Ways and Means at $30,000.
I suppose that means we'll soon see another
shuffle of committee chairs and big pay-grab bonuses under
the latest new senate president. I wonder when the
senate will move beyond palace intrigue?
The scandals that seemingly plague our state
government expand — first with
a small bathroom the taxpayers paid $100,000 to construct
for the convenience of the Massachusetts Department of
Transportation poobahs. This is the same MassDOT and
MBTA who relentlessly demand more money to keep the trains
running and the bridges from collapsing. It's obvious
why Massachusetts spends 320 percent more than the national
average for every mile of state road infrastructure
built or maintained, the 3rd most expensive of any state in
the nation.
The Boston Herald's Joe Battenfeld called it
"one of the oldest Massachusetts hack tricks in the book —
collecting overtime for shifts not worked." When we
can't trust the honesty of our state police, you just know
The Pay State is in trouble. This is a symptom of the
culture of entitlement and corruption that infects so much
of our state government. With the other scandals
swirling around that law enforcement culture, wouldn't you
think more would be trying to play it straight instead of
cutting the edges until they get caught.
On one hand, Gov. Charlie Baker filed his
“Act Enhancing Opportunities for All” bill that includes
making the annual sales tax holiday permanent, no doubt
hoping to placate the Retailer's Association enough to drop
its sales tax rollback ballot question. As the Herald
noted, "but frankly it may be too late for that." Then
a week later he filed his "Climate
Resiliency Bond Bill" that seeks to borrow $1.4
billion (with a B) that we taxpayers will have to repay
with interest to save us from "global warming," now called
"climate change." He added that borrowing
request to his "Act
financing improvements to municipal roads and bridges,"
which seeks to borrow an additional $200 million for roads
and bridges maintenance. (See MassDOT bathroom
scandal, above.)
We have recognized for decades that
Massachusetts does not have a revenue problem — it
has an insatiable spending problem. When it can't extract more
from taxpayers fast enough, the Beacon Hill cabal borrows to
spend more now, then burdens taxpayers to pay it back (with
interest) later, creating yet another "fiscal crisis." This week's news is just more
evidence.
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Chip Ford
Executive Director |
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The Boston Herald
Wednesday, March 14, 2018
A Boston Herald editorial
In need of tough tax talk
Senate President Harriette Chandler has made her
priority clear — and it’s to tax nearly
everything that moves. In a speech to
Worcester-area business leaders Monday Chandler
said the millionaires’ tax is only part of the
equation — the Bay State should augment the $2
billion that new tax would generate (if it
actually makes it to the ballot and passes) with
new taxes on short-term rentals, ride-hailing
services, even sports betting if the Supreme
Court gives it the green light.
Really, is that all?
Now, Chandler’s affirmation of the Senate’s
take-your-medicine approach to taxation isn’t
surprising. But the Senate can’t embark on a
taxation spree without the House on board, and
we’re looking forward to Speaker Robert DeLeo’s
turn at the podium, when he addresses a group of
Boston business leaders on Friday.
DeLeo has tended to be the voice of legislative
reason on tax matters — at least relatively
speaking. Yes, he supports the millionaires’
tax, but he has ruled out other broad-based
taxes this year (and around here that’s a win).
And when it comes to taxing short-term rentals,
the House hasn’t yet bought into the Senate plan
that would tax *all* such rentals, at a combined
state/local rate of up to 11 percent. (Gov.
Charlie Baker has proposed taxing only those who
rent more than five months a year.)
There is an ocean of difference between where
Baker operates on taxes and where the Senate
operates. We hope DeLeo reassures taxpayers that
he’s pulling in their direction.
The Salem News
Friday, March 16, 2018
A Salem News editorial
Don't chase top earners out of state
Eileen McAnneny had some good news for the folks
at the North Shore Chamber of Commerce business
expo Thursday.
The president of the Massachusetts Taxpayers
Foundation told the assembled lunchtime crowd
that the state’s economy was strong. What’s
more, the economic recovery has lasted longer
than those in the past, and state tax receipts
are coming in above estimates.
Still, McAnneny worries about clouds on the
horizon -- that extra tax money may be coming
from folks who tried to pay their taxes early,
ahead of federal reform efforts. The state still
isn’t setting enough money aside in its “rainy
day” fund to satisfy credit rating agencies like
Moody’s and Standard & Poor’s.
And then there’s the cocktail of ballot
initiatives that will go before voters this
fall. Any one of the measures -- increasing the
minimum wage, providing guaranteed paid family
leave and rolling back the state sales tax among
them -- could have a harmful effect on the state
economy.
McAnneny, however, singled out the so-called
“millionaire’s tax” -- a 4 percent tax on
incomes over $1 million.
A study by the foundation released last month
noted that Massachusetts has already seen a
steady migration of top earners out of the state
-- roughly 475,000 people earning $18.9 billion
between 1993 and 2016. Adding another surcharge,
she said, would surely accelerate the trend.
And when top earners leave the state, their
businesses and tax payments tend to go with
them.
Lawmakers are thinking about a few ways to
afford important initiatives to boost affordable
housing and repair key infrastructure in the
state, such as taxes on online rentals like
AirBnB and taxes on online retailers.
But, as McAnneny points out, voters and
legislators should use caution before chasing
away the state’s top earners, lest that strong
economy turn in a different direction.
“It’s something we should all be worried about,”
McAnneny said. She’s right.
The Boston Herald
Monday, March 5, 2018
Senators win jackpot with power vacuum
By Hillary Chabot
The power vacuum in the Massachusetts Senate has
meant a paycheck bonanza for several pols who’ve
pocketed a combined $220,000 from their new
posts after they were tapped for key leadership
roles amidst an ongoing battle to replace former
Senate President Stanley C. Rosenberg.
Senate President Harriette Chandler elevated
former Rosenberg loyalists Sen. Jason M. Lewis
(D-Winchester) to assistant whip for $35,000 and
Sen. Joan Lovely (D-Salem) to vice chairwoman of
Ways and Means at $30,000.
The powerful leadership and chair stipends are
on top of the legislative base pay of $62,500
thanks to a Beacon Hill pay raise approved by
lawmakers in 2017, which also tacked on $15,000
in travel reimbursements for legislators who
live 50 miles or closer to the State House, and
those who live more than 50 miles away get
$20,000.
Many of those promoted already made more than
$100,000 a year, but the new posts boost their
salaries and influence in the Senate.
Sen. Sal DiDomenico (D- Everett) — a contender
to replace Rosenberg — was named assistant
majority leader for $35,000 and Chair of Bills
in the Third Reading for $30,000. His total
salary, including his 62,500 base pay and
$15,000 travel stipend, is $142,500.
But Chandler’s office insisted yesterday that
political loyalties weren’t a factor in the
promotions.
“No member’s relationship or support of any
other member of the Senate, including Senator
Rosenberg, was considered in making these
nominations,” said Chandler spokesman Scott
Zoback.
Meanwhile, Rosenberg will collect $82,572 this
year even though he isn’t sitting on any
committees and is under an ethics investigation
following allegations that his husband sexually
assaulted four men and used his position as
Rosenberg’s spouse to influence Senate business.
DiDomenico is the only contender for Senate
president to move up in the recent round of
promotions — but he declined to comment on what
the nod means for his chances.
“I look forward to this expanded role and
working with all my colleagues to move the
Senate agenda forward,” DiDomenico said.
Another candidate vying for the presidency, Sen.
Karen Spilka (D-Ashland), already takes home an
additional $65,000 in pay as chair of the
powerful Ways and Means committee. Sen. Eric
Lesser (D-Longmeadow) got a $10,000 pay boost
earlier this year as Transportation Committee
vice chair after the departure of former Sen.
Thomas McGee.
But many Senate insiders believe Chandler, who
has said she is just finishing Rosenberg’s term,
has tried to stay out of the ongoing
behind-the-scenes 2019 presidency fight, and
simply stabilize her own leadership by choosing
largely neutral senators who will nonetheless
see bigger paychecks.
“People were joking, ‘Wow, a breath of fresh
air,’ after the committee appointments came
out,” said one Senate aide.
Sen. Cynthia Stone Creem (D-Newton), a longtime
friend of Chandler’s, was promoted to majority
leader and gets $60,000 on top of her $62,500
base salary and $15,000 in travel. Sen. Sonia
Chang-Diaz (D-Jamaica Plain) will get $30,000 on
top of her base pay after she was promoted to
vice chairwoman of Ways and Means.
The boost in pay is unlikely to take a larger
chunk out of taxpayers’ wallets, however, due to
several senate departures including Linda
Dorcena Forry, Jennifer Flanagan and Thomas
McGee.
The Boston Herald
Monday, March 12, 2018
A Boston Herald editorial
A permanent holiday
The title of the bill may not ever live up to
its inflated billing but there are certainly
elements of the Baker administration’s “Act
Enhancing Opportunities for All” that could help
rev up the state’s economy.
The bill, outlined Friday, is jam-packed — but
the section with the best chances to fulfill the
“for all” promise in the title is the one that
would make the annual sales tax holiday
permanent.
No more hand-wringing over whether the state can
“afford” to let consumers keep more of their
earnings; in recent years the Beacon Hill
spenders have decided the state can’t possibly
do without even a single day’s loss of sales tax
revenue. The last holiday was offered in 2015,
effectively ending a decade-plus tradition that
had broad support among shoppers and retailers.
In fact it is that refusal by lawmakers to
commit to a regular sales tax break — and Beacon
Hill’s overall indifference to the challenges
faced by local retailers — that helped inspire a
ballot campaign to roll back the 6.25 percent
sales tax to its pre-recession level of 5
percent (and make the sales tax holiday
permanent).
If Beacon Hill embraces Baker’s proposal, it’s
possible the Retailers Association of
Massachusetts will back off its ballot campaign,
but frankly it may be too late for that.
Yes, the tax holiday “costs” the state treasury
— about $25 million in taxes went uncollected
during the two-day holiday weekend in 2015. But
shoppers get a break. And retailers, many of
which offer special incentives or extended
discounts, say the tax-free weekend is
responsible for a huge boost in sales. They
could certainly use it, given the impact of
business lost to the internet or tax-free New
Hampshire.
And if the sales tax holiday is made permanent
that “loss” would be factored into the state’s
revenue picture before it could ever be
earmarked for spending. In a $40 billion budget
there is room for a small gesture like this.
The Democrats who control the Legislature took
care of themselves last year with a massive pay
grab. This year they can do something for the
rest of us.
WCVB TV-5
Monday, February 19, 2018
State spends $100,000 for small bathroom in
transportation building
Costly project was fast-tracked, not put out to
bid
By Jon Wells and Karen Anderson
Boston — 5 Investigates uncovered a tiny
bathroom tucked away in a state office building
that cost the taxpayers more than $100,000.
Records obtained by 5 Investigates reveal that
the project was fast-tracked by a high-ranking
public official and no aspect of it was put out
to bid, driving up the cost.
There's nothing particularly fancy about the
bathroom. It has a toilet and sink and an
adjoining kitchenette with a small counter, a
couple of drawers and a mini-fridge.
But don't be fooled. Records show the cost to
the taxpayers was $101,635.
“It's outrageous in my mind,” said Greg
Sullivan, a former state inspector general who
is now research director at the Pioneer
Institute. “I think anybody who owns a home
knows that a little half-bath like this
shouldn't cost $100,000."
The bathroom and kitchenette were installed last
year inside the new MassDOT and MBTA board room
and office area in the State Transportation
Building.
The bathroom project was put on a fast track
using one of the MBTA's "on-call construction
services" contracts, which are normally reserved
for emergency or urgent jobs.
No aspect of the bathroom project -- not the
work of the general contractor or the
sub-contractors -- was put out to bid, which is
normally done to keep costs down.
Instead, the bathroom job was simply handed to
the general contractor, who wrote in a letter to
the MBTA that the restroom and kitchenette were
to be done "for the Secretary of Transportation
as expeditiously as possible."
The state transportation secretary is Stephanie
Pollack, and she refused to speak with 5
Investigates about the high cost of the new
private bathroom and why it was not put out to
bid.
The cost of the small amenity was split between
MassDOT and the MBTA.
“It was a rush job, like an emergency job,”
Sullivan said. “This wasn't an emergency. The
last agency in all of Massachusetts government
who should be doing something like this is the
MBTA. They're cash-strapped. They're broke.”
Sullivan said the records show why the project
should not have been pushed through without
competitive bids.
Materials cost only $7,317, but Sullivan said
the cost of the project ballooned with items
like rented trucks and extra supervisors.
“This contract should have been put out to bid
without a doubt to drive the price down,”
Sullivan said. “The add-ins kept piling on and
piling on until it reached the astronomical,
mind-blowing number of $100,000 for a little
half-bath.”
To gauge just how expensive the no-bid bathroom
was, 5 Investigates compared it to another
MassDOT project in the building -- the new
MassDOT/MBTA board room and offices – which was
put out to bid.
That project covered a large area – 11,000
square feet – and cost taxpayers $500,000.
The bathroom and kitchenette project was only
115 square feet and cost taxpayers more than
$100,000.
Compare the per-square-foot construction costs
for the two projects: For the board room and
offices it was $42.50 per square foot. For the
half-bath and kitchenette, it was $870 per
square foot.
What was the rush to get the private bathroom
built? That’s a good question, because there are
public restrooms about 40 steps from the board
room.
Those public bathrooms are spacious, clean and
updated with automatic sinks and toilets.
A MassDOT spokesperson told 5 Investigates one
reason Pollack felt the MassDOT and MBTA board
members needed the new private bathroom is
because during public meetings, reporters and
photographers have been known to follow them
when they walk to the public restrooms across
the hall.
“It's not as though the employees working in
that office area don't have access to a
bathroom. They do,” Sullivan said. “It's right
across the hall in the same floor. They just
didn't want to have to go out into the hallway
and use the bathroom with everybody else.”
MassDOT would not comment on why it took months
to provide 5 Investigates with the public
records, or why documents pertaining to the
bathroom were initially withheld.
The Boston Globe
Tuesday, March 20, 2018
20 state troopers face possible discipline in
overtime scam probe
By Mark Arsenault, Travis Andersen and Shelley
Murphy
FRAMINGHAM — In another black eye for the
scandal-ridden Massachusetts State Police, 20
active troopers face potential sanctions for the
apparent theft of overtime pay, with the most
egregious alleged offenders putting in for as
many as 100 no-show shifts, officials said
Tuesday.
In a state agency where 245 troopers — about 12
percent of the force — made more than $200,000
last year, an internal audit of Troop E, a
division that covers the Massachusetts Turnpike,
found “apparent discrepancies between overtime
paid and actual patrols worked,” State Police
Colonel Kerry A. Gilpin, superintendent of the
force, said at a morning news conference.
Nineteen troopers face internal duty status
hearings in the coming days to determine whether
they’ll be suspended, Gilpin said. Another
trooper who was already suspended for another
matter and a retiree are also being
investigated.
Gilpin said that she couldn’t put a dollar
figure on the amount of disputed overtime, but
that the number of questionable overtime shifts
per trooper ranged from one to “as high as 100.”
State Police officials said they have reported
their findings, which stemmed from an
investigation launched last fall, to Attorney
General Maura Healey’s office for review and
potential prosecution.
Coming on the heels of several other
high-profile controversies in recent months,
news of the purported overtime scheme quickly
stirred outrage.
Governor Charlie Baker, who appointed Gilpin to
head the agency last November, said the
superintendent “made a pretty clear statement
that this sort of activity and this sort of
behavior is not going to be tolerated.”
Baker said that overall the State Police are “a
strong, good, well-trained unit.”
“But clearly there’s some people here who broke
the rules, allegedly, and got way beyond the
bounds of what anyone would consider to be
appropriate behavior,” Baker said. “And for
those who are found to have committed what’s
been alleged, they should face the music.”
The department’s previous superintendent,
Richard McKeon, and his deputy, Francis Hughes,
retired in November after revelations that
McKeon had ordered an arrest report changed to
remove embarrassing information about the
daughter of Judge Timothy Bibaud. A lawyer for
McKeon has said he ordered the deletions to
remove unnecessary information.
Baker and Healey have each announced
investigations into the handling of the police
reports.
Two more high-ranking officials linked to the
redactions – Lieutenant Colonel Daniel Risteen
and Major Susan Anderson — retired suddenly in
February. Their retirements came a day after the
Globe reported that Trooper Leigha Genduso had
been hired despite having been a coconspirator
in a 2007 drug case and having avoided charges
by testifying. Genduso, whom multiple sources
said was Risteen’s former girlfriend, was
suspended after the disclosure.
On Tuesday, the union that represents troopers,
the State Police Association of Massachusetts,
said it does not condone any actions that may
have violated the public’s trust.
“The department has been in turmoil over the
last several months,” Dana Pullman, president of
the union, said in a statement. “We believe the
customs and culture that was allowed to flourish
under the previous state police leadership has
compromised the public’s perception and calls
into question the integrity of the hard-working
men and women of the Massachusetts State Police.
Colonel Gilpin has been given the unenviable
task of dealing with a myriad of untenable
issues.”
The Globe reported earlier this month that many
state troopers pad their salaries by working
long overtime shifts or extra details. The
median pay for a state trooper last year was
just over $145,000.
Needham attorney Timothy M. Burke, who
represents a large number of State Police
superior officers, declined to identify the
lieutenants facing possible disciplinary action,
but said he believes they are under scrutiny for
their supervision of troopers assigned to
overtime details.
“My understanding based on information available
at this time is the department is evaluating
whether there was adequate supervision by those
commissioned officers facing duty status
hearings as opposed to the nonperformance of
details,” Burke said.
Gilpin did not identify the troopers, sergeants,
and lieutenants under investigation.
“Depending on the outcome of the [upcoming duty
status] hearings, these members face a potential
change in their duty status, up to and including
suspension without pay, while further
investigation into the apparent payment
discrepancies is conducted,” Gilpin said.
Gilpin said her predecessor, McKeon, launched
the audit of overtime shifts on Troop E last
year after a discrepancy came to light between
overtime hours filed and actual shifts worked.
The audit reviewed overtime payments for traffic
enforcement patrols on the Turnpike, known as
Accident and Injury Reduction Effort, or AIRE,
patrols, she said. The audit covered 2016, but
State Police are extending their review of
overtime use to additional years, Gilpin said.
Healey’s office confirmed Tuesday that
prosecutors have received the audit and will
investigate the findings.
The accusation that more than 20 troopers logged
overtime they didn’t work would seem to warrant
criminal charges, said David Rossman, a former
prosecutor in Middlesex County who now directs
criminal law clinical programs at Boston
University.
“Short answer is: Yes, it does describe a crime
because they stole money from the state by
misrepresenting their entitlement to the money,”
Rossman said. Whether prosecutors can bring a
successful case is an open question, he said.
“It appears to be a widespread problem that
requires some definitive response that
demonstrates to the public that we don’t
tolerate employees lying and stealing from the
treasury,” he said. “But if there’s some common
theme, like it went through one particular
lieutenant, then it becomes a much easier case
(to prove). If it’s just 20 individual troopers
obviously doing the same thing and talking with
each other about it, it becomes harder.”
State Representative Timothy R. Whelan, a former
state trooper and a Brewster Republican, said
the move to hand the investigation to Healey
struck him as an attempt to avoid criticism that
an internal investigation would be compromised.
“It’s about restoring that confidence,” said
Whelan. He applauded Gilpin as a “straight
shooter” he has known since she was a
rank-and-file trooper. Whelan said the
accumulation of scandals at the department
points to systemic problems that predate her.
State Police spokesman David Procopio said the
agency’s internal affairs department initially
began investigating one trooper for multiple
issues, including overtime discrepancies, and
WCVB-TV then made inquiries about additional
troopers. The news station reported on the
questionable overtime practices in October.
Some of the troopers now facing duty status
hearings were initially reported by the news
station, while numerous others were pegged by
investigators, Procopio said.
One state trooper, Eric Chin, has been suspended
without pay since last April amid allegations
that he was paid for overtime shifts that he
didn’t work.
On Monday, Chin filed a complaint with the
Massachusetts Commission Against Discrimination,
claiming he was unfairly disciplined because he
is Asian, according to his lawyer.
The complaint alleges that when Chin was
suspended, State Police allowed at least six
lieutenants and one trooper who were accused of
similar overtime violations — and are all white
— to be reassigned rather than suspended.
“Since the initial investigation, it has been
discovered at least another 20+ troopers were
engaging in similar activities and it appears to
be the accepted practice within Troop E,” the
complaint stated. “No other trooper or
supervisor have been disciplined as of this
complaint.”
After Gilpin announced Tuesday that more
troopers may face discipline, Chin’s lawyer said
it was common practice for troopers to sign up
for overtime shifts to conduct traffic
enforcement patrols, then collect the extra pay
even when their supervisors canceled the patrols
because of weather.
“It’s our intent to show this was a widespread
and accepted practice approved by the command
staff,” said Douglas I. Louison, who represents
Chin. “Trooper Chin did certainly not instigate
or initiate this practice, and he was not alone
in knowing how it was managed.”
Gilpin said State Police ended the AIRE patrols
last year and took measures to strengthen
“accountability and oversight of remaining
overtime shifts.”
“To date, we have no information to suggest
these discrepancies are wider in scope than what
we have announced today, but we are committed to
full accountability throughout the entire
department and thus will do our due diligence in
that regard,” Gilpin said.
The Boston Globe
Wednesday, March 21, 2018
After scandals, State Police need to restore
accountability, legal specialists say
By Mark Arsenault
The series of scandals that has tarnished the
Massachusetts State Police since last fall —
most recently the alleged theft of overtime pay
— speaks to an organization suffering from a
breakdown of professional culture and
accountability, police and legal specialists
say.
“You couldn’t have an overtime fraud scheme if
accountability was in place,” said Ronal W.
Serpas, who served 34 years in law enforcement
and was formerly police superintendent in New
Orleans, police chief in Nashville, and chief of
the Washington State Patrol.
The next step for a law enforcement organization
in turmoil is recovery — and that sort of change
of culture is never something that happens by
itself, said William Bratton, who has served as
the head of the Boston, New York City, and Los
Angeles police departments.
“It always has to be led,” he said.
“Peer influence works in some organizations and
doesn’t work in others,” Bratton continued, in a
Globe interview Wednesday. “By that, I mean peer
influence, where the good guys make it clear to
the bad guys or the people who are straying that
it is not going to be tolerated. I’ve never been
in an organization where that happens
internally. It has to be that leadership makes
it clear that there’s the line. You don’t cross
this line.”
The responsibility to lead the department out of
its morass has fallen to State Police Colonel
Kerry A. Gilpin, who became its superintendent
in November.
Gilpin faced the statewide media Tuesday to
announce that 20 active troopers and one retiree
face sanctions in an overtime abuse scandal, in
which troopers are alleged to have logged hours
they did not work. The most egregious alleged
violators put in for as many as 100 no-show
shifts.
Gilpin referred the matter to Attorney General
Maura Healey’s office for investigation and
possible prosecution.
“For us to fulfill our mission as a police
agency, we must have the public’s trust,” Gilpin
said Tuesday.
The overtime imbroglio was the latest in a
litany of embarrassments for the agency. The
department’s last superintendent, Richard
McKeon, and his deputy, Francis Hughes, retired
in November after revelations that McKeon
ordered an arrest report altered to remove
embarrassing information about the daughter of a
judge. Governor Charlie Baker and Healey have
each announced investigations into that matter.
Reports in February said that Trooper Leigha
Genduso was a coconspirator in a 2007 drug case
who avoided charges by testifying, yet was
subsequently hired by the State Police. A day
later, two more high-ranking State Police
officials linked to the report redactions –
Lieutenant Colonel Daniel Risteen and Major
Susan Anderson — retired suddenly. Genduso, who
multiple sources said was Risteen’s former
girlfriend, was then suspended.
Another trooper was suspended this month for
allegedly posting racist rants, while yet
another was relieved of duty for allegedly
coming to work drunk.
The Legislature’s top leaders are raising the
specter of hauling officials into oversight
hearings to address the scandals.
House Speaker Robert A. DeLeo’s office said the
Winthrop Democrat is meeting with Gilpin on
Thursday to discuss the “serious concerns” about
the force. The meeting had been scheduled in
recent weeks.
“[DeLeo] believes that legislative oversight is
not only appropriate, it is constitutionally
required as part of the House’s responsibility
for appropriating taxpayer funds,” his office
said in a statement to the Globe. “Speaker DeLeo
will await the conclusion of the newly announced
audit and other ongoing reviews before making a
determination on how to proceed.”
Senate President Harriette L. Chandler, too,
said the Legislature could ultimately bring
extra scrutiny on the department. The Worcester
Democrat said the State Police is filled with
“good people who do incredible work,” and she
lauded Governor Charlie Baker for taking a
“strong look” at the recent problems.
Serpas, now a professor at Loyola University New
Orleans, said top leaders in a struggling
department need to set and enforce ironclad
rules to ensure accountability. He suggested a
“one and done” rule for officers who lie: A lie
about anything related to your job or on any
written document is a firing offense in the very
first instance. “You’re a police officer; your
word puts people in jail,” he said. “You can’t
lie. The courts have backed up termination as a
first-time punishment for lying.”
A second ironclad rule should be a no-tolerance
policy for officers who witness police
misconduct by others and fail to report it, he
said, speaking generally and not specifically
about the Massachusetts State Police.
Serpas said state police forces around the
country generally promote top leaders from
within, which can make enforcing accountability
more difficult. “An outside leader brought in
without the long friendships that can erode
accountability can often more easily confront
things that need to be changed,” he said.
Under Massachusetts law, however, the
superintendent of the State Police must come
from within the department.
Gilpin “walked into a hornets’ nest” when she
got the job last November, but the fact that she
came from inside the agency should not inhibit
her ability to make changes, said former Boston
police officer Tom Nolan. She has been with the
State Police for about 23 years.
“The people inside who are capable of affecting
change are known to the people in the
organization” said Nolan, a professor of
criminology and director of graduate programs in
criminology at Merrimack College. “You have to
identify the people who are able to affect major
cultural change” and put them in positions to do
so. “The vast majority of officers in the Mass.
State Police take their responsibilities
seriously. I have to think they are more upset
than the general public” about the scandals.
Nolan said the Massachusetts State Police has
“long been a closed shop” with its internal
workings “out of the glare of the public eye for
years.” A “culture of secrecy” is the kind of
atmosphere that can permit a scandal to take
root. “There’s a tacit code of silence that what
goes on in the organization is not to be talked
about with anyone outside the agency.”
Eugene O’Donnell, a professor at the John Jay
College of Criminal Justice in Manhattan and a
former New York police officer, sees a larger
problem nationwide in the devaluing of policing
as a “calling, a mission, a special job.” He
says he sees evidence of this in modern police
recruitment materials, which often stress the
competitive pay and benefits, rather than the
nature of the public service police officers are
hired perform.
“When policing is just a job, it has profound
implications,” he said. “It’s a major problem,
not limited to police, that agencies over time
tend to operate to the benefit of the employees.
What becomes valued are perks and benefits, and
there can be a race among employees to see who
can get to the top and accumulate as much as
possible.”
Nearly 250 Massachusetts troopers — or about 12
percent of the force — made more than $200,000
last year, often by working long overtime shifts
or taking on multiple details, the Globe has
reported.
O’Donnell said police should be “well
compensated, comfortably compensated” for their
work, but should not be permitted to enhance
their incomes by performing private details.
While on a detail, he said, an officer who has
sworn to serve the general public is instead
serving the interest of some individual, or some
company.
“How many officers are more energetic and
focused on their off-duty work than their core
work?” he said. “What is policing if it is not
about police work? These are existential
questions for police departments.”
Globe correspondent Matt Stout contributed to
this report.
The Boston Herald
Wednesday, March 21, 2018
It’s about time for Charlie Baker to take charge
By Joe Battenfeld
It’s one of the oldest Massachusetts hack tricks
in the book — collecting overtime for shifts not
worked — but it shouldn’t be happening in the
era of supposed government reform.
The question now is, how was it allowed to go
on, and who is responsible?
Gov. Charlie Baker got elected promising fiscal
responsibility and tougher ethical standards but
it’s clear that message didn’t reach the
Massachusetts State Police, now facing yet
another major scandal.
An internal police audit revealed 21 current and
retired troopers allegedly cooked the books,
cashing in for overtime they didn’t work.
The new leader of the state police, Col. Kerry
Gilpin, deserves credit for pressing hard on the
scam, expanding the investigation and reporting
the allegations to Attorney General Maura
Healey.
But the fact is, it was a news organization’s
inquiries that triggered the investigation.
Where was the state auditor in all this? And
what about the Inspector General? It was no
secret that state police troopers were raking in
hundreds of thousands of dollars in overtime,
and that should have set off some alarm bells.
And the fact that the scandal was going on under
the noses of the police leadership team shows
how widespread the practice had become, and how
little the troopers feared getting caught.
It’s all part of a culture on Beacon Hill that
has long tolerated state employees grabbing as
much money as they can, then retiring with a fat
state pension.
Healey should jump all over this. If she digs
deep enough, she’s likely to find this type of
payroll abuse has been going on for years. And
if she finds enough evidence, she should indict
the troopers who were fattening their wallets.
The internal police audit covers 2016 — under
Baker’s watch — so the governor deserves some
blame for the scandal.
“Clearly there are some people here who broke
the rules, allegedly, got way beyond the bounds
of what anybody would consider to be appropriate
behavior and for those are found to be committed
what’s been alleged they should face the music,”
Baker said yesterday.
Face the music? Wow, that’s tough language,
governor. That is Baker’s tortured way of trying
to soften the blow of the scandal, which is now
going to hit him in the middle of his
re-election campaign.
He has repeatedly praised state police, saying
most of the troopers are honest, hard workers,
but the audit, along with other recent scandals,
suggests otherwise.
The overtime scandal is just the latest to hit
the embattled state police, whose former Col.
Richard McKeon was forced out after he
reportedly ordered a state trooper to change the
OUI arrest report of the daughter of a district
court judge.
The hiring of Gilpin is a good start, but Baker
needs to get control of the police, who are
clearly incapable of policing themselves.
The Springfield Republican
Thursday, March 15, 2018
Storms focus attention on climate change,
as Gov. Charlie Baker releases $1.4 billion
environmental bond bill
By Shira Schoenberg
Gov. Charlie Baker on Thursday released a $1.4
billion bond bill that would authorize spending
on climate change preparedness and environmental
protection.
The money would be allocated for a range of
projects, from planting trees to repairing dams.
"To build a sustainable and resilient
Commonwealth, we must make strategic investments
in climate resiliency and environmental
protection across the state and shorelines,"
Baker said in a statement.
The bill includes authorization for $300 million
to respond to the impacts of climate change --
$170 million to repair dams and seawalls and
help coastal communities, and the rest split
between grants to communities and implementation
of a statewide plan to adapt to climate change.
Another $297 million will be given in grants and
funding for environment-related community
projects. This includes tree planting,
transportation investments and "community
investment grant programs" for municipalities
and planning agencies.
Another $270 million would be spent to support
state environmental programs such as hazardous
waste cleanup, monitoring of air and water
quality and the restoration of rivers, streams
and lakes.
There would be $580 million authorized to invest
in deferred maintenance for recreational
resources such as parks and beaches, including
money to expand state trail networks.
Brad Campbell, president of Conservation Law
Foundation, said in a statement, "Governor Baker
deserves high praise for this bond bill, which
gives communities urgently needed resources to
reduce climate risks, encourages the use of
nature-based solutions, and begins the critical
review of state policies and practices that do
not currently account for climate change."
Environmental groups have criticized Baker for
not living up to his campaign promise to commit
1 percent of the state budget to environmental
programs.
In an election year, the bill will let Baker
defend his environmental record. But because the
money would be borrowed, it would not have an
immediate impact on the state's operating
budget.
Before the bill was released, Democratic
gubernatorial candidate Setti Warren questioned
whether the bill would do anything to fight
climate change or move the ball forward on wind,
solar and other energy technology. He also
questioned Baker's decision to file a bond bill
rather than actually allocating new money.
"Without new revenue, any money Gov. Baker puts
toward this bill has to come from somewhere else
in state government," said Warren spokesman
Kevin Franck.
Democratic gubernatorial candidate Bob Massie
called Baker's bill "too little, too late."
The bill must still go through the legislative
process in order to become law. Any bill that
appropriates money must be acted on first by the
House, then the Senate.
Baker announced the bill in Scituate, days after
the third nor'easter to hit the state in two
weeks.
Auditor Suzanne Bump took advantage of the
storms to write a letter to lawmakers urging
them to do more to help municipalities improve
their water infrastructure.
"The pounding we've taken from two '100-year'
storms in a matter of weeks is a grim reminder
that climate change is happening right now and
with a greater severity than has been previously
predicted," Bump wrote. "The Commonwealth's lack
of preparedness to meet this imminent threat is
all too clear, and we must collectively act to
ensure our cities and towns are equipped with
the resources to prepare for the challenges of
climate change."
Meanwhile, the Massachusetts Senate is
considering its own environmental bill, an
ambitious effort that would set new
environmental and regulatory standards, set the
stage for carbon pricing, prohibit residents
from being taxed for new natural gas pipelines
and eliminate a cap on reimbursements for solar
projects, among other policies.
Separately, a group of advocates for renewable
energy are pushing a bill that would move
Massachusetts to using 100 percent renewable
energy by 2050. Ben Hellerstein, state director
for Environment Massachusetts, organized a
briefing at the Statehouse Thursday "to show
policymakers that businesses and institutions
and communities throughout Massachusetts are
already leading the way to 100 percent renewable
energy. Now it's time for the state to do that
as well."
Andy Ellis, chief security officer for Akamai
Technologies, said the cloud service provider
commits to buy energy for a set number of years
from renewable sources near its server
facilities. In exchange, Akamai gets renewable
energy credits from the projects, which have
financial value.
"Our goal is to have 50 percent of our power
offsite produced by renewable sources in the
locations where we're consuming it by 2020,"
Ellis said.
Jim Boyle, chairman and CEO of the
Sustainability Roundtable, which consults with
companies about procuring renewable energy, said
businesses are investing in renewable energy
because "it makes great business sense."
"It's strategic to capture the best possible
competitive position in a rapidly changing
energy market," Boyle said. "My hope is that the
policy leaders in the Statehouse will recognize
what global businesses recognize, that this is
the greatest business opportunity of our age and
that public private partnership is needed." |
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