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Monday, June 29, 2009

Lisbon's Lacking Integrity of Town Officials

Remember 2/17/09 Town Council meeting? If not you can click here for an edited version of the facts. And if you want all the facts, a dvd copy of the meeting can be provided through the Town Manager's Office, a fee will be charged. Or you can go to You Tube and search for Lisbon Maine.
A prominent Lisbon business obliged the public by making it readily available.
In short it was all based on "heresay" testimony from school committee member Deb Danuski. I can add more about her credibility later on.

Now that is great Police work, after all you have been here, what about 30 years, David T. Brooks?
What do we have here, 5 square miles of town geography, 22 officers listed on Lisbon Police Website. Do they all work here or are some assigned to your clandestine operations? Seems a bit overkill considering some Sheriff Departments in the state have more territory and less patrolmen to work with. Your reign of 'Intimidation and Fear' are ending.

And just previously you gave Councilor Cote and Crafts hell for not coming to see you personally about issues they had with your Traffic Enforcement Officers over Christmas. Click here for that one.

Council Working Rules (Page 6)

2. Staff.
Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applicable to the members of the Town Council. While the Chair shall have the authority to preserve decorum in meetings as far as staff members and Town employees are concerned, the Town Manager shall also be responsible for the orderly conduct and decorum of all Town employees under the Town Manager's direction and control.

The Town Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by Town employees in Town Council meetings. Staff members or the Town Manager desiring to address the Town Council or members of the public shall be recognized by the Chair, shall state their name for the record, and shall limit their remarks to the matter under discussion. All remarks and questions addressed to the Town Council shall be addressed to the Town Council as a whole and not to any individual member thereof. No staff member, other than the staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the Chair.

I requested in writing, that the Council Chair and Town Manager to take action on the part of the Police Chief's actions on the night of February 17,2009. But nothing, NOTHING has been done except send out a letter of "hot air". Why? They are scared of the boogieman and his Official intimidation tactics. Or are they afraid of the Truth? Hell, Councilor Cote can't even get the support of one fellow councilor to sign on the dotted line to send this issue to the Ethics Panel.
What gives people? Do you need more proof that they can't even Police themselves?

Well, now it has been almost 6 months and things in town government are more screwed up then ever.
For the second year in a row, our town budget has been void of charter mandated requirements. And again the school budget is presented and hacked even more.

Sec. 86-31a. Budget and expense responsibility.
The responsibility of the entire town budget and expenses resides with the town manager. The town manager is solely accountable to the town council as identified in the Charter. Each department head is responsible and accountable for his or her departments budget and expenses regardless of expenditures initiated by those identified in section 86-41.
(T.M. of 12-4-2007, § 2007-218)

Sec. 86-4. Annual municipal budget.
(a) Line item budget.
The appropriate town officials shall submit their municipal budget estimates for consideration at the annual budget meeting with the appropriations made to each department broken down in specific amounts for the following categories of costs:
(1) Personnel services.
(2) Commodities.
(3) Capital expenditures.
(4) Contractual services.
(5) Debt service.
(b) Limitations on expenditures. The funds appropriated in each of the five budget categories shall be expended within each municipal department only for the category (a)(1)--(5) for which the funds were appropriated. Funds shall not be transferred to other categories without prior approval of the majority of the town council. The town council is authorized to make line item transfers for sums of $1,000.00 or greater from one line item to another after a joint public hearing with the advisory board and either approval by a majority of the advisory board or town meeting approval.
(c) Municipal departments. Each department of the municipal government shall be listed in a separate article on the warrant.
(Code 1983, § 2-402; T.M. of 5-17-1997, art. 7; T.M. of 4-3-2007, § 2007-39)

Sec. 86-5. School budget.
(a) The school department shall submit the school budget for consideration broken down into specific amounts for the following categories of costs for each department or agency within the school department:
(1) Personnel services.
(2) Contractual services.
(3) Commodities.
(4) Debt services.
(5) Capital expenditures.
(6) Statutory cost collection data/costs to comply with state or federal mandatory requests (itemized).
(b) The school committee is authorized to make line item transfers for sums of $1,000.00 or greater from one line item to another after a joint public hearing with the advisory board and either approval by a majority of the advisory board or town meeting approval.
(Code 1983, § 2-403; T.M. of 5-17-1997, art. 7; T.M. of 4-3-2007, § 2007-39)
State law references: School budgets, line item transfer, 20-A M.R.S.A. § 15618(4).

The school budget was presented with all requirements. Then we have the town budget voted on under now admitted intimidation and Police improprieties. Thank you for making the apology Detective Tapley. At least you have the 'balls' to admit your mistake and take responsibility for your actions. Unlike your boss.

Bowie and Police Budget Vote
First lets read what the Ethics Panel said. Click here to view it all.

A. ETHICS PANEL REPORT
Mr. Bowie gave a summary of the findings of the Ethics Panel concerning the conflict of interest concerning Councilor Michael Bowie. The panel looked into questions regarding Councilor Bowie voting on issues that would affect his wife Denise Bowie’s salary in her job as administrative assistant with the police department.

One of the reasons given by Councilors Cote and Henry for their request for a recommendation from the Ethics Panel was the difference in pay between the salaries of the Administrative Assistant positions in the police department and the public works department. Research done prior to the Ethics Panel meeting included input from former Councilor Charlie Smith, Councilor Mason, Attorney Roger Theriault, , and Councilor Bowie. The Panel researched past appropriations, the legal charter, and related articles in Maine law.

The Panel found there is a definite conflict of interest, which was not really in question. The recommendation is that Councilor Bowie should abstain from all discussion and voting on police salary items, which includes his wife’s salary. Councilor Bowie may discuss the rest of the police budget and vote on that. Mr. Bowie went on to say that Councilor Bowie did bring up this conflict of interest to the Council and that the Council did set up a procedure to accommodate that.

The problem arose when the Council did not follow their usual practice of voting on individual budgets one at a time during the last budget process. The Council took a single vote on the entire budget as an expedient measure. The Panel found while the procedure would have been “cleaner” with individual votes, there was no actual unfairness. The Panel found that Mrs. Bowie received the same treatment as other employees. Mr. Bowie went on to explain why there were such differences in salary between the police department and public works department. One reason is a difference in job description, and the other is that Councilor Bowie has seven years longevity. The panel found no evidence of salary differences based on any conflict of interest.
(Now this is what the town published, we believe it should say Mrs. Bowie has seven years...)

The recommendation of the Ethics Panel is that Councilor Bowie should abstain from voting on the Police Department budget line which contains his wife’s salary (currently line 100). Councilor Henry thanked the entire Ethics Panel for the great job they did. Mr. Bowie added that to counter any inappropriate assumptions he wanted to explain that he and Councilor Bowie are only very remotely related, being fifth cousins twice removed.

The following discussion took place during Councilor Communications: (Vote 2009-13A) Councilor Cote questioned what would become of the recommendation from the Ethics Panel. Councilor Bowie said it had always been his intent to separate the budget items so each line could be voted on, allowing him to abstain where necessary. After some discussion a motion was made by Councilor Cote and seconded by Councilor Larochelle to accept the recommendation of the Ethics Panel that Councilor Bowie should abstain from voting on the Police Department budget line which contains his wife’s salary (currently line 100). Order passed – Vote 6-0-1. (Abstained: Bowie)

Sec. 9. Conflicts

D. Participation.
An abstaining Councilor may but need not remain in the Town Council Chamber during debate or votes on that issue. An abstaining Councilor who wishes to be heard on the matter may join other members of the public and speak as a member of the public during that portion of the meeting when the public is being heard. In no case shall an abstaining Councilor participate in Council discussions or deliberations or otherwise act in an official capacity in the matter as to which the Councilor has abstained.

Here's a reminder of the town council's special meeting tomorrow night regarding the 2nd vote on the school's budget. Remember we don't even have a place for graduation ceremonies but our town equipment sans Public Works will all look great in the Moxie Parade. You ought to be proud. Particularly when the Fire departments old squad 3 is used to haul out the trash. At least stop by the town office for a few sacks next time.

Retire, no I think the good citizens of this community should band together and throw you out of town along with others.

Signed,
Todd Comber
With absolutely no respect for you David T. Brooks.