fy19 town manager evaluation memo - final for publication

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To: Paul Bockelman, Town Manager

From: Lynn Griesemer, Town Council President

CC: Amherst Town Councilors

Date: September 3, 2018

Re: FY19 Town Manager Performance Evaluation

The Town Council has completed its review of your job performance for your third year of service as

Town Manager, and we are pleased to present these results to you.

This Memo and the attached composite ratings summary serve as your official performance evaluation for

FY19. These documents summarize all the ratings from the individual evaluation forms submitted by all

13 current Town Council members, with comments reflecting majority and general sentiments reflected

on those forms or agreed upon during discussion at the August 19, 2019 and August 26, 2019 Town

Council meetings. While each Town Councilor’s individual evaluation form is important, and therefore

included for your information, since our authority as the Town's chief elected officials is vested in the full

body, only this Memo and the composite ratings grid represent the Town Council’s position.

The Town Council recognizes that when the Select Board set your FY19 goals there would be significant

variability in the demands on you and your staff due to the outcome of the March 2018 Charter Vote. In

reviewing your performance relative to the goals established with the Select Board during the past year,

the Town Council has considered this.

In general, a composite evaluation is more art than science, as each of us brings our own interpretation to

the expectations and goals as described, as well to the definition of each rating. This shapes our evaluation

of your current performance as well as our aspirations for your future with the Town. As a result, you will

see ratings, which often vary considerably from one Councilor to the next; however, even with that

variability the comments each member wrote often align or draw attention to similar themes. We have

reviewed your self-evaluation (FY19 Town Manager Performance Goals – Annual Report) and input from

the community and Town staff along with our own reflections on your performance as we have created

this evaluation. We thank you for your assistance in this process.

We have tried to note and appreciate the parts of your work where you have excelled, as well as to

identify areas where our expectations of performance will require more of your attention. The goal, as

always, is continual improvement in your management of our Town.

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You received strong marks across all evaluation categories:

I. Fiscal Management

II. Long Range Planning

III. Relationship with the Select Board and Town Council

IV. Staff and Personnel Relations

V. Community, Intergovernmental Relations, and Volunteer Committees, Boards, and Commissions

VI. Transition to and Implementation of the New Form of Government

Every member of the Town Council appreciates working with you and admires your excellent service to

our community. We look forward to your continued success in so many critical areas of Town

management, and we look forward to the progress and new successes you will achieve. The Town

Council thanks you for a great third year and especially for managing the transition to our new form of

government.

Ratings for each goal category are shown below: (1) bold identifying areas of particular strength (rated as

“Commendable” 30+%); (2) neither bold nor italics (rated as “Satisfactory”); and (3) italics identifying

areas requiring more attention (rated as either “Needs Improvement” or “Unsatisfactory” with a combined

total of 30+%). Because eleven (11) Town Councilors were on board for seven months of the fiscal year,

many were unable to evaluate you on the achievement of a particular goal (rated as “Unable to Judge”).

This rating could signify any of the following: (1) the issue has not been brought before the Council at

this time (e.g., results of contract negotiations); (2) Councilor requires more information about an issue –

thus it is an issue of communication; or (3) the issue does not fall within the purview of the Council due to

the change in the Charter. While the percentages, which are roughly rounded up or down to whole

numbers, were assigned to all ratings, the decision to bold or utilize italics was based upon those ratings

where Councilors were able to judge.

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I. Fiscal Management. This area combines the short-term, mid-term and long-term fiscal goals for the

Town Manager.

1. Address the need for increased revenue:

a. Negotiate Host Community Agreements (HCAs) for two or more retail marijuana

establishments, and additional HCAs for other non-retail adult use businesses (e.g.,

independent testing lab, cultivator, product manufacturer, microbusiness) (A.I.a or Q2):

31% Commendable, 54% Satisfactory, 0% Needs Improvement, 8% Unsatisfactory, 15%

Unable to judge.

b. Submit MassWorks grant application for North Amherst (A.I.b or Q3): 0% Commendable,

61% Satisfactory, 8% Needs Improvement, 0% Unsatisfactory, 31% Unable to Judge.

c. Publish Economic Development Plan prepared by PVPC via Community Compact Cabinet

grant fund and Economic Development Director (A.1.c or Q4): 15% Commendable, 38%

Satisfactory, 8% Needs Improvement, 0% Unsatisfactory, 38% Unable to Judge.

d. Plan the transition for the annual setting of the tax rate (A.1.d or Q5): 31%

Commendable, 31% Satisfactory, 0% Needs Improvement, 0% Unsatisfactory, 38%

Unable to Judge.

e. Negotiate contracts for emergency medical services with three remaining partners (A.1.f or

Q7): 15% Commendable, 46% Satisfactory, 0% Needs Improvement, 0% Unsatisfactory, 38%

Unable to Judge.

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f. Update Select Board on the impact of our 07-01-18 move from our own health insurance

trust to MIIA Health Benefits Trust (A.1.g or Q8, Q9(S)): 38% Commendable, 23%


g. Promoting efficiencies in Town structure and service delivery, including regionalization

of services where appropriate, and maximizing effective use of CDBG, CPA, and other

funds to offset allowed legal and administrative costs (B.I.1.a or Q31): 38%

Commendable, 54% Satisfactory, 0% Needs Improvement, 0% Unsatisfactory, 8%

Unable to Judge.

h. Negotiating contracts, including the collective bargaining contracts, that reflect the

community’s needs and priorities (B.I.1.b or Q32): 8% Commendable, 54% Satisfactory, 0%

Needs Improvement, 0% Unsatisfactory, 46% Unable to Judge.

i. Pursuing sustainable and appropriate development to increase the percentage of tax revenue

generated from commercial property, and to reduce the burden on residential property owners

(B.I.1.c or Q33, Q34(S)): 23% Commendable, 31% Satisfactory, 46% Needs Improvement,

0% Unsatisfactory, 0% Unable to Judge.

2. Develop strategies for the long-term financial health of the Town:

a. Developing strategies for handling long range post-employment benefit program (OPEB)

obligations (B.I.2.a or Q35): 31% Commendable, 38% Satisfactory, 0% Needs

Improvement, 0% Unsatisfactory, 31% Unable to Judge.

b. Developing strategies to maintain an excellent bond rating (B.I.2.b or Q36): 23%

Commendable, 62% Satisfactory, 0% Needs Improvement, 0% Unsatisfactory, 15% Unable to

Judge.

c. Working with the legislature to adopt policies in line with our goals and values (B.I.2.c or

Q37): 17% Commendable, 33% Satisfactory, 8% Needs Improvement, 0% Unsatisfactory,

50% Unable to Judge. Note: one Councilor did not respond.

d. Develop strategy and provide leadership to implement funding for the major capital

projects: Fire Station, DPW Facility, Elementary Schools, and Jones Library (B.I.2.e

or Q39, Q40(S)): 50% Commendable, 33% Satisfactory, 17% Needs Improvement, 0%

Unsatisfactory, 0% Unable to Judge. Note: one Councilor did not respond.

3. Budget:

a. Prepare the annual budget in conformance with the Select Board Budget Policy

Guidelines (B.I.3 or Q41): 54% Commendable, 46% Satisfactory, 0% Needs


b. Effectively administer the adopted budget: (B.I.4 or Q42, Q43(S)): 46% Commendable,


Address the need for increased revenue:

Fiscal management for cities and towns is always a challenge. The transition in government and the loss

of experienced senior staff in recent years have added to the challenge. You succeeded in meeting

deadlines to present the FY20 budget to the Town Council and several public forums. You attended the

Finance, JCPC, public meetings and were well prepared to answer questions while also giving staff an

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opportunity to present and respond. Our fiscal management has remained sound and you are to be

commended for your attention and leadership.

You exceeded the goal regarding marijuana by negotiating and signing four host community agreements

(HCAs) with medical establishments, three HCAs with adult-use retail establishments, and one HCA with

a marijuana cultivator. The internal review team is looking at another set of applicants based on a round

that opened 04-23-19 and closed 05-31-19. We are only beginning to see how this adds to the Town

income and helps ensure smooth openings with adequate police supervision. However, there remains

concern as to (1) whether the Town has placed a premium on revenues from this source, (2) the demand

on staff time, (3) public safety.

The Town submitted a MassWorks grant application for traffic improvements to the North Amherst

intersections. While it was not successful and you are focused on improving the future application to

address the funding source feedback. Future growth in North Amherst and elsewhere may provide an

opportunity to tap into some Councilor’s skills regarding proposal development.

The Town published the Economic Development Plan prepared by the Pioneer Valley Planning

Commission utilizing a Community Compact Cabinet grant. This was led by the Town’s Economic

Development Director and provides significant insight into the Town's profile. The plan, which is

predominately an economic profile, has been presented on various occasions including to the business

community -- an event that many Councilor's attended. Now the Town needs to engage in the next stage

that is to develop a more detailed plan to execute the strategies contained in that report and elsewhere.

Prior to the Town Council being seated, the Select Board held the classification hearing on October 22,

2018. The Massachusetts Department of Revenue approved the annual tax rate on November 15th,

the earliest date ever for the Town.

You successfully negotiated emergency medical services support contracts with the Towns of Leverett,

Pelham, and Shutesbury with modest increases in FY19 and FY20. During budget discussions and for

consideration in future negotiations/budgets, is the following issue: use by two establishments for the

elderly/aging including for repeated use of Amherst EMT for "lift and assist".

The impact of this very successful transition to MIIA Health Benefits Trust became apparent to Town

Councilors when it was announced at the Trust’s Annual meeting that the health insurance plan would

increase 0.6% (less than 1%) for FY20. This alone provided a major boost to the Town's annual budget

projections and process for FY20. Specifically the transition allowed all employees in the Town of

Amherst, Town of Pelham, and Amherst Regional School District from reliance upon a self-insured

plan/Trust with 100% liability resting with the Town’s Health Insurance Trust to a fully insured program

through the non-profit MIIA Health Benefits Trust. This transition rescued the Trust, which had gone into

a deficit, and stabilized health insurance costs for the three governmental entities. Through many meetings

with staff, the new plan was introduced emphasizing the new deductibles and co-pays. This transition

brings the health insurance offerings of the Town in line with other governmental entities. This minimal

increase benefitted both the employees and the three governmental entities.

You have demonstrated a clear effort to create efficiencies in the structure and delivery of services.

Fiscal Management is uniquely challenging in Amherst with the large percentage of land not taxable

because of our commitment to conservation and the land that is not taxable because of the three

educational institutions. You helped maximize the use of CPA, CDBG and other grants to advance Town

goals with funds that are not property taxes, state aid and other revenue allocated through the General

Fund. You have sought and achieved efficiencies by reorganizing our health plan for employees,

assigning ambulance billing to an outside firm, and sharing employees with the schools and library to

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allow the town to benefit from their expertise while providing them with new challenges and

opportunities for professional growth. While we no longer provide ambulance service in Hadley, renewal

contracts were negotiated with other towns. Under your leadership, Amherst is using mutual aid

agreements to augment our services when necessary and appropriate. While we continue to share some

positions regionally (e.g., Veteran's Services) and are clearly committed to the regional 7-12 school

district, it is a challenge to identify others including potential regionalization of some fire equipment (e.g.,

large ladder truck).

The Town continues to manage the collective bargaining agreements in a cooperative, financially

prudent manner. One collective bargaining agreement is signed (Fire) and five are in negotiation. There

will be an Executive Session regarding the collective bargaining agreements on August 26, 2019. You

hear and rule on numerous grievances, resolving most by mutual agreement. You also manage the Town's

litigation and legal budget. The negotiation of collective bargaining agreements with unions representing

our employees is always a challenge as we seek to be fair to our employees and represent those who pay

taxes and rely on the town for services. You demonstrate a very clear respect for town staff; however,

some employees feel there has been a minimal salary increase in a number of contracts, which staff

believe may threaten Amherst losing its "employer of choice" status in the region. Some Councilors are

concerned about the stress placed on staff and that some staff may be stretched too thin across their

responsibilities.

Amherst is making some gains in developing a broader tax base. While this will most probably not

reduce the actual amount taxes on residential property owners, it expands the base of taxation for the

Town – therefore, hopefully minimizing increases. The growth in commercial based residential and

business construction is consistent with the Master Plan. Under your leadership, the Town has facilitated

that development with a supportive Planning Department, Inspections Department, the Economic

Development Director, and our Department of Public Works. This is also a unique period of opportunity

as recreational and medical marijuana businesses develop in the Commonwealth, as well as, the

opportunity to collect tax on short term rentals. Some Councilors are looking forward to the review of the

Master Plan.

Develop strategies for the long-term financial health of the Town:

The Town continues to make steady progress to address “Other Post Employment Benefits” (OPEB)

liability by committing funds within the existing budget, from our enterprise funds, and earmarking

Federal Medicare Part D reimbursements into the OPEB trust fund according to the schedules previously

established. This has generated positive comments in our annual audit reports, contributes to a positive

bond rating, and can be accelerated when the pension plan is fully funded.

You noted in your self evaluation, we will be seeking a bond rating next year as we anticipate pursuing

several major building projects. In anticipation of that review, you have taken steps to enhance the rating

by developing balanced budgets with no overrides, managing expenses in accordance with those budgets,

continuing contributions to the OPEB Trust, and adhering to the Town's Financial Management Policies

& Objectives. This will be critical as we move toward borrowing and construction of major new facilities.

You have developed good relationships with our legislature, particularly our new Senator and

Representative, and assured that they understand what the Town needs and what policies will assist us and

allow us to be efficient. This requires direct advocacy complemented by your cooperative and coordinated

advocacy through the Massachusetts Municipal Association. Because of your prior work relationship with

the MMA, you are uniquely qualified and prepared to take full advantage of that opportunity. Of specific

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note is your work regarding issues related to Hampshire College and Craig's Doors. However, some

Councilors are not aware of your efforts to regularly communicate with our legislators.

You have developed an initial strategy for our major capital projects (“One Town One Plan”) including

the elementary school(s), DPW Facility, Fire/EMS Station, and the Library. Your strategy included: (1)

hiring a qualified Capital Projects Manager and supporting his work to develop and refine the spreadsheet

tool that will allow the Town Council and the public to evaluate the financial implications of alternative

building plans (that allows us to focus on cost, tax burden, and indebtedness); (2) working with the

Superintendent to assure that a new Statement of Interest was filed with the MSBA for an elementary

school plan that can have broad public support; (3) supporting the Council Finance Committee and the

Joint Capital Planning Committee to develop a major building planning process for Council consideration

later in 2019; and (4) encouraging that the plan adequately inform and involve our residents and voters.

This is one area where the development of strategy and the need for strong leadership falls to the Town

Council and our ability to develop a plan and explain all of the parts to the community. We need you to

continue to focus and advise the Council on this.

Budget

You delivered the FY20 Annual Budget to the Town Council balanced, on time, and in compliance with the

budget guidelines presented by the Select Board and prior Finance Committee AND consistent with the new

Charter. There is no need for a tax override. You provided guidance to the Town Council through the process

and highlighted issues that needed our attention. As we move into the next year a question has been raised as

to how priorities are set within departments.

You demonstrate prudent management of Town resources by monitoring and managing its FY19 approved

budget. This includes accommodating for unanticipated expenses, and the FY18 audit was completed and

declared a “clean” audit. The Town paid off the health insurance surcharge earlier than anticipated, freeing

needed resources for Town, Library, and Schools and removed the surcharge from employees’ paychecks. We

are fortunate to have a very responsive, dedicated finance/comptroller team. It would be helpful to have a

summary of emerging cash flow - including areas where costs have come in below expectations. In addition,

where there are dedicated funds (e.g. summer PVTA services) those should be initiated early in the fiscal year.

One suggestion is that we develop multiple year forecasts of operating and capital budgets.

You are a strong fiscal manager. You have provided the Council with resources for understanding the Town's

budget and the alternatives for major capital projects under consideration.

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II. Long Range Planning

1. Continuing to revise and update the 07-16-16 Facilities Profiles (former goal known as “Building

Assessment Report”). Provide at least a semi-annual review of the document with the Select Board to

make them aware of changes or proposed changes in the buildings’ use, benefit or liability to the

Town, and recommendations for retaining ownership (B.III.1 or Q51): 0% Commendable, 23%


2. Developing a policy for the disposition, reuse or disposal of surplus Town property (e.g., East

Street School) (B.III.2 or Q52, Q61(s)): 31% Commendable, 46% Satisfactory, 15% Needs


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3. Initiating and advocating for "green" efforts and programs, including progress on the

installation of solar energy generating equipment on the landfill: (B.III.3e or Q53/54): 38%


Judge. Note: Q54, where there were fewer responses, was a repeat of Q53.

4. Supporting the preservation, maintenance and creation of housing that is safe, decent, and

affordable for low- and moderate-income individuals and families, including (B.III.4 or Q55):

46% Commendable, 46% Satisfactory, 8% Needs Improvement, 0% Unsatisfactory, 0% Unable

to Judge.

a. Reviewing and assessing on an on-going basis the Town’s status on the State’s Subsidized

Housing Inventory (SHI), and anticipating factors impacting our SHI percentage in the

short- and long-term (B.III.4.a or Q56): 31% Commendable, 38% Satisfactory, 8%


b. Reporting periodically on the operation of the seasonal shelter and recommending changes to

any written agreements as needed (B.III.4.b or Q57): 15% Commendable, 69% Satisfactory,

8% Needs Improvement, 8% Unsatisfactory, 0% Unable to Judge.

5. Improving public infrastructure and spaces:

a. Prioritizing and implementing repairs to sidewalks, multi-use paths, roadways, parking

areas, and intersections: (B.III.8.a or Q62): 33% Commendable, 33% Satisfactory, 33%

Needs Improvement, 0% Unsatisfactory, 0% Unable to Judge. Note: one Councilor did not

respond.

b. Reviewing and following up on actions recommended by the Transportation Advisory Committee

(TAC): (B.III.8.b or Q63): 8% Commendable, 15% Satisfactory, 23% Needs Improvement, 0%

Unsatisfactory, 54% Unable to Judge.

c. Planning and implementing improvements to public areas, including parks, commons, and

greenways so that they are safe, attractive, and contribute to our quality of life: (B.III.8.c or


0% Unable to Judge.

d. Planning and implementing maintenance and improvements in the downtown and village centers,

including working with Town staff and the Business Improvement District (BID) to assess capital

needs, to implement improvements, and to complete current projects (e.g., downtown way finding

system) (B.III.8.d or Q65, Q69(S)): 15% Commendable, 54% Satisfactory, 15% Needs


The Town Council would like to see an updated Facilities Profile and feels it is important to our overall

capital discussion. This area needs improvement.

The Select Board approved a property disposition policy, which is already being utilized. For example,

under your leadership, early in the Council’s tenure we voted to transfer the East Street School to the

Municipal Affordable Housing Trust for developing affordable housing. A regular review of the inventory and

the policy isdesirable including reference to consistency when applications are presented.

Your work tied to “green” efforts and programs has been extensive. The installation of Valley BikeShare

locations, extended summer bus hours, installation of new electric car charging stations, the signing of PILOT

agreements for private solar arrays, as well as the signing of a power purchase agreement for a solar array on

the old landfill demonstrates your commitment to this goal. The Council identified some potential new

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avenues that can be pursued (or continue to be pursued), including developing a plan to move to a single trash

hauler in town, reviving the Refuse and Recycling committee, and working towards Community Choice

Aggregation. We look forward to your continued work on greening Amherst.

Affordable housing and seasonal sheltering have been Town core values for a long time and are needs that

we recognize require ongoing attention. Your staff’s and your efforts have contributed to the collective efforts

to focus on policy directive from the community relative to various affordable housing projects. This has

contributed to our SHI staying above the 10% threshold. This is a significant accomplishment for you and the

Town. The Town’s relationship with the seasonal shelter is at a turning point and you have kept the Council

informed via brief updates throughout the season and at the end of the fiscal year on the performance of the

shelter. One area that Councilors identified as having room for improvement is presenting to the Council for

adoption the Housing Production Plan, and then working towards implementing it. Further, Councilors

identified that the Town’s focus on low-income housing has left many middle-income residents with a concern

that they are being squeezed out. Particular attention to this concern in the coming years will be needed.

You prioritized the area of Infrastructure needs in the FY 19 and FY20 budget. With the support of the Joint

Capital Planning Committee, the Town Manager budgeted for and the Town Council approved a large

commitment of funds for roads, crosswalks and sidewalks. In addition, the Town designed, built, and

implemented adjusted parking and traffic patterns on State Street creating a safer, more rational traffic and

parking area near Puffers Pond. Station Road Bridge was deemed unsafe and the Town responded by

designing, appropriating, and building a temporary bridge. The major restriction continues to be funding and

it is a Council decision how to integrate long-range infrastructure goals into the Capital Plan. There is a

request for an easy, accessible document that shows/explains how the Town prioritizes road/sidewalks etc. As

we approach future capital budgets, maintaining significant investment in roads and sidewalks will need to be

part of our priority setting discussions.

While you have demonstrated significant commitment to our infrastructure, the Council needs to better

understand how the Transportation Advisory Committee makes and recommends decisions and to whom.

You continue to plan and implement improvements to public areas, including parks, commons, and

greenways. Groff Park improvements are currently under construction creating an exciting new play structure

and spray park. In addition, the Town has planned, designed, and obtained outside funding for a dog park on

the south landfill. You are clearly aware of the need to address problems with playgrounds and athletic fields

and are commended for planning for improvements. However, the barriers to implementing other plans

remain, including: (1) Some of the public areas belong to the Regional Schools and other towns need to

support that work; 2) The expectations of users has increased; and (3) The demand for all resources and for

capital resources is overwhelming. We urge that you continue to strive for attractive, safe, and useable as

achievable goals.

You have clearly placed priority on the downtown and village centers, some benefiting the Town as a whole,

while others are more beneficial to individual districts. For example, while funds for the North Common have

been appropriated, we determined that it was important for the Town Council to review this very important

location in the center of Town. In addition, wayfinding signs are scheduled to be placed at key locations. In

District 1, there are conceptual plans for renovations to the North Amherst Library and the Town is

implementing a low cost interim solution for the intersection in North Amherst. Other examples that benefit

the entire town but especially Districts 1 and 2 are the Puffers Bridge and parking. Some Councilors stressed

the need for creating a more "business friendly" environment. In District 5, residents are clearly delighted

with the temporary bridge and note some improvements in pedestrian access and others are planned, however

the area around Atkins remains a concern.

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III. Relationship with the Select Board (and/or Town Council): Maintain a professional and collaborative

relationship with the Select Board and Town Council by:

1. Relationship with the Select Board (Through December 3, 2018)

a. Complete outstanding Select Board Minutes (A.2.a or Q10): 0% Commendable, 0% Satisfactory,


b. Advise Select Board of any issues with operation of seasonal homeless shelter that opens

November 1, 2018 (A.2.b or Q11): 15% Commendable, 23% Satisfactory, 8% Needs


c. Advise Select Board of any police grants refused due to our Sanctuary Community status (A.2.c or


Unable to Judge.

d. Catalog Select Board Policies for review by the Select Board prior to providing them as reference

documents to the Town Council (A.2.d or Q13): 15% Commendable, 8% Satisfactory, 8% Needs

Improvement, 8% Unsatisfactory, 62% Unable to Judge. See Item 2.h below (B.II.8 or Q49,

Q50).

e. Plan the transition from the Select Board as Local Licensing Authority (LLA) for new

alcohol/liquor and common victualler applications, as well as annual renewals, to the new

Board of License Commissioners, who you may nominate for Town Council-elect review

prior to the Town Council taking office 12-03-18. (A.2.e or Q14, Q15(S)): 46%

Commendable, 15% Satisfactory, 8% Needs Improvement, 0% Unsatisfactory, 38% Unable

to Judge. Note: This goal also appears in V.

2. Relationship with the Select Board and Town Council

a. Providing regular communications to the Select Board (Town Council) about matters

relevant to their responsibilities and concerns, including changes and additions to Town

programs and initiatives: (B.II.1 or Q44): 69% Commendable, 23% Satisfactory, 8% Needs


b. Responding to communications from members of the Select Board in a timely manner:

(B.II.2 or Q45): 62% Commendable, 30% Satisfactory, 8% Needs Improvement, 0%


c. Recognizing issues or changes with a direct or significant impact on the community, and that

falls within the Select Board’s authority to provide feedback: (B.II.3 or Q46): 31%

Commendable, 54% Satisfactory, 8% Needs Improvement, 0% Unsatisfactory, 8% Unable

to Judge.

d. Allowing the Select Board opportunity to provide feedback on changes to policy and practice

or new initiatives before implementation: (B.II.4 or Q47): 38% Commendable, 38%


e. Involving the Select Board in the determination of collective bargaining strategies for the current

contract process, and keeping the Select Board updated on such progress (B.II.5; This was

inadvertently left off the survey but Councilors were later asked to rate this goal.) 8%


Judge, 66% did not respond.

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f. Informing the Select board regarding litigation strategies and proposed settlements of litigation,

and keeping the Select Board updated on the progress of litigation. (B.II.6; this was inadvertently

left off the survey but Councilors were later asked to rate this goal.) 8% Commendable, 0%

Satisfactory, 8% Needs Improvement, 0% Unsatisfactory, 23% Unable to Judge, 66% did not

respond.

g. Ensuring that all members of the Select Board are aware of anything significant before it

appears in the media: (B.II.7 or Q48): 77% Commendable, 23% Satisfactory, 0% Needs


h. Beginning the process of cataloging Select Board policies for review by the Board with

the intent to assemble them in a coherent and publically available format: (B.II.8 or Q49,


31% Unable to Judge.

This goal area is one of the most difficult and time intensive for any manager to do well. With initially five

individuals on the Select Board and now 13 Town Councilors, there are different individuals’ expectations of

what and how you should communicate and relate to them. Therefore, it is likely that some of these

expectations will not be met. Evaluating this performance by Councilors was most apparent when an issue

continued after December 3, 2018.

You inherited the problem regarding the lack of Select Board Minutes; you ensured that this would not be

repeated by having the Clerk of the Town Council be responsible for the minutes of the Council. You are also

assigning significant staff time to catching up on the past minutes of the Select Board.

All indications are that the seasonal homeless shelter ran smoothly this past year. However, a mass

resignation by the three employees of the shelter announced in July 2019 has created a crisis. You and other

staff have actively engaged key stakeholders including the Craig’s Doors board of directors, state

representatives, state funding agencies and Town Councilors in this discussion.

Thus far, there have been no refusals to fund police grants because of our sanctuary status.

Your ability to communicate with the Select Board and now the Town Council is commendable. Building

on a practice established with the most recent Select Board Chair, where you met weekly with the chair, vice

chair, and staff to set the agendas for Select Board meetings, you continue to meet prior to every Town

Council meeting with the President, Vice-President, and Clerk of the Council and others to set the agendas for

Town Council meetings. You also meet weekly with the President to review other, non-agenda topics and as a

general “check-in” time for the work you are doing. Both of these meetings allow the President to anticipate

future agenda items and work with the Town Manager on critical issues facing the Town. Councilors

especially appreciate the detailed Report provided to us at each Town Council meeting and immediate

response to our questions and guidance. You compliment this with regular emails about immediate issues.

Your response to individual Town Councilor emails and requests for meeting is commendable. They are

timely and thorough, although two Councilors cited a lack of acknowledgement of an email. The issue of

protocol regarding Councilors directly contacting staff needs to be more clearly stated and enforced.

Several current issues or changes that fall within the Town Council’s authority continue to define Amherst

and have direct or significant impact on the Community. These include status of Hampshire College, homeless

shelter, etc. You monitor and work to address these issues. For example, with the recent announcement that all

three staff members at Craig’s Doors had tendered their resignations the Town Manager and other staff are

fully engaged in working to find a suitable resolution to this issue.

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Councilors find you open and transparent in your communications with us and seeking our feedback on

critical issues. When it comes to policy and practice not requiring Town Council action the Council is

typically informed after a decision has been made. One of the areas that continues to raise questions is the

relationship between your appointments and the process and that of the Council guided by the Outreach,

Appointments, and Communications Committee. In addition, a solid discussion about policy making between

the Town Council and you would be appropriate.

With regard to the issues of collective bargaining and litigation, only two (2) Councilors have experienced

significant discussion about this and this was when they were on the Select Board. This is a topic to be

discussed in Executive Session at a meeting in the near future.

You have established an excellent relationship with the media and work to keep the Council informed before

something hits the press. This includes the establishment of the position of Communications Manager who

proactively addresses two-way communication initiatives and social media, notification tools and web sites.

You conduct weekly meetings with members of the media, although most of the issues are heard first at a

Town Council meeting.

The Town Council will need a central repository all policies. This should be a goal for the coming year.

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IV. Staff and Personnel Relations: Manage Town staff and improve their effectiveness in delivering the

services our community relies on:

1. While planning for new hires to be confirmed by the incoming Town Council, review our policies and

procedures to promote hiring and retention practices that ensure a workforce which reflects the

diversity of our community (A.4.a or Q20, Q22 (S)): 8% Commendable, 31% Satisfactory, 15%


2. Periodically review and update a staffing plan that suggests the optimal number and types of positions

in each department to best address current service levels and key needs, and serves as a framework for

prioritizing recommendations for future hiring. Recommendations for new positions should include the

full cost of each position, including post-employment and other benefits: (B.III.7 or Q60): 23%

Commendable, 8% Satisfactory, 23% Needs Improvement, 0% Unsatisfactory, 54% Unable to Judge.

Manage Town staff and improve their effectiveness in delivering the services our community relies on:

1. Maintaining high staff morale by working toward a positive work place culture that includes diversity,

civility, mentoring and receptivity to new ideas and innovations: (B.IV.1 or Q70): 23%


2. Increasing communication with staff at all levels, to inform, engage and solicit feedback, in particular

developing a strategy and protocols for accepting and responding to communications from staff:

(B.IV.2 or Q71): 15% Commendable, 46% Satisfactory, 0% Needs Improvement, 0% Unsatisfactory,

38% Unable to Judge.

3. Encourage a similar framework of communication be implemented by all directors and department

heads so that a consistent process is developed at all levels of Town government: (B.IV.3 or Q72): 8%


4. Encouraging communication between departments to improve cooperation and coordination of

services, and to foster pride in accomplishments across all areas of Town government: (B.IV.4 or

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Unable to Judge.

5. Recruiting, retaining, and assigning the best qualified personnel: (B.IV.5 or Q74): 31%


Judge.

6. Modeling and fostering attitudes of helpfulness and courtesy toward the public: (B.IV.6 or Q75): 50% Commendable, 42% Satisfactory, 8% Needs Improvement, 0% Unsatisfactory, 0% Unable

to Judge. Note: one Councilor did not answer.

7. Encouraging a workplace culture of improved service delivery: (B.IV.7 or Q76): 23% Commendable,


8. Providing adequate resources, including time, equipment, and professional development, for staff to be

effective and successful: (B.IV.8 or Q77) 23% Commendable, 23% Satisfactory, 8% Needs


9. Providing periodic updates on progress of action steps identified in the July 2015 Human Resources

Audit: (B.IV.9 or Q78, Q79(S)): 0% Commendable, 0% Satisfactory, 0% Needs Improvement, 15%


While this is an ongoing effort, you have implemented practices that attract excellent (and in some cases

diverse) staff and retain them (see later comments). The Town Council is not involved in hiring, only in

confirming directors and other key staff. Councilors are pleased with the new HR Director and the

"renewed attention" to this challenge from the Town’s new Director of Human Resources will be

important. The Council would like more information about procedures regarding hiring and retention

practices that ensure a diverse workforce.

While the staffing plan seems to be successful, and, in part, is communicated through the budget, it needs

to be more transparent, especially with regard to how you review positions prior to advertising.

Maintaining positive staff morale is critical to the success of the Town of Amherst government

operations. While an organization with hundreds of employees will have some who are not satisfied, the

Town Manager is accessible to all staff and your efforts to increase communication with staff at all

levels is commendable. In addition to normal, everyday interactions with members of the staff throughout

the organization, you continue to work with department heads and leadership team to develop more

effective relationships with all staff in the Town. The Town Manager redefined the understanding of

“Emergency Services” to include Police and Fire, as well as the DPW crews. Based on those surveys

returned by staff, Councilors would like to determine additional ways to assess staff morale.

You meet regularly with all directors and department heads to discuss issues facing their department

and their performance including their communications. You also hold meetings across departments

during which it is assumed directors and department heads are encouraged to communicate with each

other.

See comments on recruitment above. You engaged a consultant to assess the operations of the Finance

Department to determine performance, capacity, and projected personnel needs. Having now completed

the proposal and approval of the FY20 budget the present staffing seems to be working very well. You

have used very creative approaches to address high needs in the Town in a very tight labor market. Key

positions were addressed by expanding the role of current talented staff. These are often a key to retention

and include: negotiating that the School Department’s Finance Director take on the additional role of

Capital Projects Manager for the Town; the Library’s Maintenance Manager took on the additional role of

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Facilities Manager for the Town; continuing to employ the Principal Assessor part-time upon his

retirement; continuing to have the Comptroller serve as Finance Director; increasing the duties to the

Building Commissioner to manage the Board of Licensing Commission and overseeing Town Hall

changes such as the renovations to the Town Room. In addition, the Assistant Town Manager takes on

special projects as needed; the Economic Development Director has taken on responsibility for marijuana,

bylaw review, cultural council, and parking; the Superintendent of Public Works has taken a leadership

role in all Town building projects; the Health Director has filled in as the Acting Director of Senior

Services; the previous Town Clerk took on the role of Clerk of the Council; and three employees with

existing positions took on the added responsibilities of Community Participation Officers.

You continue to be a model and work to foster attitude of helpfulness and courtesy to the public and to

improve customer service. This includes friendlier face-to-face interactions, continued work on, initial

improvements regarding the information on, and accessibility of our website, and expanding our language

capabilities. While the Town has established a high bar for excellent customer service and you continue to

work with staff to ensure that all requests and visits from the public are handled courteously,

expeditiously, thoroughly, and professionally, this remains a challenge.

With budget limitations and additional professional development desired, you recognize the value and

importance of professional development and mentoring. You provide guidance to staff when possible and

found opportunities for outside programs when available. Budget constraints in both the operating and

capital budgets are a challenge for our staff but they understand the competing needs for resources. There

are some expressions of dissatisfaction but relatively few.

Most Councilors are unfamiliar with the July 2015 Human Resources Audit.

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V. Community, Intergovernmental Relations, and Volunteer Committees, Boards, and Commissions

Elementary and Regional Schools

1. Participate in the Regional Assessment Method process with other towns in the Amherst-Pelham

Regional School District to find a resolution that works for Amherst, will be acceptable to the

other towns, and will adequately support grade 7-12 education(A.1.e or Q6 and B.I.2.d or Q38):

46% Commendable, 31% Satisfactory, 0% Needs Improvement, 0% Unsatisfactory, 23%

Unable to Judge (First appearance on goals evaluation) This question was asked twice and

resulted in the following response: 38% Commendable, 54% Satisfactory, 0% Needs

Improvement, 0% Unsatisfactory, 8% Unable to Judge. (Second appearance on goals

evaluation)

2. Ensure coordinated planning and resource allocation in the Fort River School Feasibility Study,

including updating Select Board (A.3.b or Q17 and B.III.6 or Q59): 23% Commendable, 15%

Satisfactory, 8% Needs Improvement, 0% Unsatisfactory, 62% Unable to Judge. (First appearance on

goals evaluation)

This question was asked twice and resulted in the following response: 17% Commendable, 42%

Satisfactory, 8% Needs Improvement, 0% Unsatisfactory, 33% Unable to Judge. Note: one Councilor

did not respond (Second appearance on goals evaluation)

3. Ensure coordinated planning and resource allocation in the Amherst and Pelham preK-6 Regional

School District Planning Board (RSDPB) process, including updating Select Board (A.3.c or Q18):

15% Commendable, 23% Satisfactory, 0% Needs Improvement, 8% Unsatisfactory, 62% Unable to

Judge.

Higher Education Relationships. Strengthen relationship with UMass, Amherst, and Hampshire College:

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4. Propose a response to the Donohue Institute study of the cost of providing elementary and secondary

education to residents of nontaxable University housing, especially in preparation for negotiation of

next Strategic Partnership Agreement (SPA) (A.5.b or Q24): 0% Commendable, 23% Satisfactory, 8%


5. Propose the appropriate relationship between the University Town of Amherst Collaborative (UTAC)

and the incoming Town Council (A.5.c or Q25): 0% Commendable, 8% Satisfactory, 8% Needs


6. Propose the appropriate relationship between the Town Council and Amherst College and Hampshire

College (A.5.d or Q26): 8% Commendable, 38% Satisfactory, 23% Needs Improvement, 0%


7. Propose the appropriate relationship between the Town Council and the Campus and Community

Coalition to reduce high-risk drinking (CCC) (A.5.e or Q27): 0% Commendable, 15% Satisfactory,


8. Developing our partnership and strategies, through regular meetings, with Amherst College that

reflect shared interests and concerns (B.V.1.b or Q81): 38% Commendable, 31% Satisfactory,


9. Developing our partnership and strategies, through regular meetings, with Hampshire College

that reflect shared interests and concerns (B.V.1.c or Q82): 46% Commendable, 23%


10. Pursuing actions of mutual benefit to the Town and the academic institutions including cooperative

approaches that encourage “spin off” business development, the creative and innovation economies,

and the arts and culture in Amherst (B.V.1.d or Q83): 15% Commendable, 46% Satisfactory, 23%

Needs Improvement , 8% Unsatisfactory, 8% Unable to Judge.

11. Working with the institutions to facilitate the development of new student housing off-campus and on-

campus (B.V.1.e or Q84): 0% Commendable, 54% Satisfactory, 8% Needs Improvement, 0%


12. Reporting periodically on the ongoing efforts and plans of the University for improving the campus

and campus life to encourage a constructive relationship between the students and the Town, including

the plans and projects of the University Town of Amherst Collaborative (UTAC) (B.V.1.f or Q85): 8%


13. Reporting regularly on the UMass December 2015 Strategic Partnership Agreement (SPA) (B.V.1.g or


Unable to Judge.

14. Maintaining an awareness of developments and planning in nearby institutions and municipalities, and

reporting on their activities that impact Amherst (B.V.2 or Q87): 8% Commendable, 62% Satisfactory,


Community Engagement, Relations, and Communication

15. Establish 11-06-18 Early Voting at UMass that replicates the success of the four UMass sessions

prior to the 2016 election(A.5.a or Q23): 31% Commendable, 54% Satisfactory, 0% Needs


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16. Actively engage the community by providing information about Town successes and challenges

(B.V.3 or Q88): 31% Commendable, 54% Satisfactory, 8% Needs Improvement, 0%


17. Mitigating the impacts of a significant student population on neighborhoods, on demand for public

safety resources, on parking and traffic, and other municipal services (B.V.1.a or Q80): 15%


18. Developing a strategy for a clear and manageable process for responding to public inquiries and

requests. Encouraging effective and responsive communication by all directors and department heads

so that a consistent process is provided at all levels of Town government (B.V.4 or Q89): 0%


19. Continue to Engage and inform those parts of our community not currently participating in

Town government activities, e.g., forums, public hearings, committee participation (e.g., Groff

Park renovation meeting at apartment community room) (A.5.e or Q28): 31% Commendable,

46% Satisfactory, 15% Needs Improvement, 0% Unsatisfactory, 8% Unable to Judge. (First

appearance on goals evaluation)

20. Engage and inform those parts of our community not currently participating in Town government

activities, e.g., forums, public hearings, committee participation (B.V.7.c or Q95): 23% Commendable,

62% Satisfactory, 31% Needs Improvement, 0% Unsatisfactory, 0% Unable to Judge. (Second

appearance on goals evaluation.)

Diversity in Government and Technology

20. Ensuring that staff responds to committees, boards, and commissions that offer recommendations on

plans or projects. In addition to acknowledging that input, follow up with action to be taken in

response, or an explanation about why a recommendation may not be feasible (B.V.5 or Q90): 8%


21. Improving overall modernization and management of the volunteer committees, boards, and

commissions system (B.V.6 or Q91): 0% Commendable, 23% Satisfactory, 38% Needs Improvement,

0% Unsatisfactory, 38% Unable to Judge.

22. Increasing diversity among staff, boards, and committees (B.V.7.a or Q93): 8% Commendable, 46%


23. Reviewing our policies and procedures to promote hiring and retention practices that ensure a

workforce which reflects the diversity of our community (B.V.7.b or Q94): 8% Commendable, 46%


24. Propose ways of increasing diversity in committee membership, as you will be appointing most

committees with confirmation by Town Council (A.5.g or Q29): 38% Commendable, 46%


25. Report on the review of LSSE program options and the associated fee structures to ensure that there

are appropriate affordable recreation opportunities (B.III.8.9 or Q66): 23% Commendable, 54%


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26. Planning for I-Net replacement in conformance with October 2016 Comcast contract (B.III.10 or

Q67): 8% Commendable, 31% Satisfactory, 0% Needs Improvement, 8% Unsatisfactory, 54% Unable

to Judge.

27. Explore whether the replacement of the I-Net with a wholly Town owned communication network

provides an opportunity to create an enterprise fund for the purpose of providing high-speed internet

access to the whole community (B.III.11 or Q68, Q69): 0% Commendable, 23% Satisfactory, 8%

Needs Improvement , 8% Unsatisfactory, 69% Unable to Judge.

28. Promote efforts which seek to foster respect toward and among all employees, residents, and visitors in

Amherst (B.V.7.d or Q96): 23% Commendable, 69% Satisfactory, 0% Needs Improvement, 0%


Elementary and Regional Schools

The Council was pleased with your handling of the Regional Assessment negotiations this year, as it relates to

keeping the Council informed, ensuring the Council was involved in the negotiations, and aiding in reaching

an agreement that is acceptable to Amherst. This area will need attention every year to maintain our fiscal

position and Council awareness.

The Fort River Feasibility Study is nearing an end and the Councilors, from their comments, are eager to be

presented with the information, which has now been scheduled as a joint meeting with the School Committee

on September 17, 2019 at 6:00 PM. This was recently scheduled and points to the need to manage a calendar

with the Council President that keeps Councilors informed of plans for future agenda items and will help you

achieve better transparency with the Council.

You and the Town Council actively engaged in the MSBA process with considerable appreciation expressed

by the school committee and the public. We also had an informative discussion with the Pelham elementary

school committee and the study team about a potential merger. In addition, although we decided not to

proceed at this time the Council found it to be a useful discussion.

Higher Education Relationships

The Town has made considerable strides in our relationships with the University and Colleges in recent

years to be better partners with them to mitigate the effects of the large student population. Your continuing

work to engage those relationships and maintain them is generally rated as satisfactory. Additional information

as to your progress and a formal proposal on the appropriate role the Council should have is desired. We look

forward to continued success.

The goals to develop partnerships and strategies with Amherst and Hampshire College are both ones that

require multiple years to achieve a high level of success. The Town has struggled over the years to build

strong, sustained, and equal partnerships with these institutions. We are pleased with your work regarding the

downsizing of Hampshire College and your ongoing relationship with the President of Amherst College,

which resulted in the offer of land for a new DPW plant. The Council is hopeful that you will continue to

develop these relationships but also seeks a clear role for itself in these relationships. It is seeking your

guidance in proposing a role, and has not yet seen the guidance or a clear proposal.

You state that UTAC is no longer meeting. Councilor comments indicate that they would like more

information from you on its usefulness and whether it or a new iteration should continue to exist. There has

been no proposal on this, which is likely why 84% of Councilors were unable to judge your performance on

this goal.

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The Council had mixed reviews of your performance on developing strategies and pursuing actions that would

mutually benefit the Town and institutions relating to “spin-off” businesses. The Council would like to see

more focus on this in the coming years, including possibly a strategic plan and specific committees to aid you

in working to develop this goal.

We appreciate the strength of your relationship with the Chancellor and are hopeful in the Town’s ability to

participate in a meaningful way with the University as they plan for their future, whether through a Public

Private Partnership related to housing or via the CCC or a new iteration of UTAC related to students’

relationship to the Town. Additional information on the progress of these goals is necessary.

The Strategic Partnership Agreement with UMass and the negotiations surrounding a new Agreement that

might include considerations such as those related to educational costs for students living in UMass housing,

fire and ambulance services and equipment, Public-Private Partnership projects, and general commercial, non-

educational related activity is a topic in which the Council is very interested. The Council strongly

recommends you provide us with more information about the status of the SPA negotiations, the audit on the

current agreement, and its future form. The Council recognizes your full authority to negotiate this type of

agreement but we want to provide support, perspective, and ideas as you work through any issues related to

the SPA.

The Council feels that the goal of maintaining awareness of developments and planning in nearby

institutions and municipalities has largely been satisfactorily met.

Community Engagement, Relations, and Communication

The Council generally believed early voting in the 2018 elections was a success. There were a number of

Councilors concerned with the reports that students were actively encouraged not to take the local ballot,

which is unacceptable. The Council urges you to ensure that the Town Clerk addresses the training needed to

ensure that all voters who present themselves to vote are treated the same, no matter their age, and assumed to

want all ballots available for voting during the election.

Community engagement regarding Town successes and challenges has been an area of excellence. The

“Cuppa Joe with Paul” events, press releases, use of social media, the outreach of the three Community

Participation Officers, and the Town web site, have been well received and highly valued. As always, more

can be done, but progress is being made and the Council is generally satisfied with that progress.

The scheduling of more meetings and outreach sessions in locations such as community rooms at apartment

complexes has been a welcome change from past practice and a solid first step toward achieving better

community engagement. It indicates an awareness of the need for different engagement paradigms and fosters

ongoing evaluation of how best to reach the community.

The Council desires to have a consistent process for you and departments to follow when communicating

with the public, whether individuals or boards and committees, so that the staff and public have a common set

of expectations regarding form, timeliness, whether all communications get a response, etc. While the ratings

vary considerably, in general, the Council feels there has been improvement in these types of communication

and we value that public outreach and good customer service are a priority for you. Additional information on

how this goal is progressing is needed.

Diversity in Government and Technology

There is room for improvement in how staff respond to and follow through on recommendations on plans and

projects from committees, boards and commissions. In addition, the Council would like to see a

technological solution to maintaining and providing notices regarding committee lists and vacancies, as well

18 | P a g e

as the management of CAFs. Keeping information regarding the work of committees up to date on the

website is a difficult job, but necessary.

The Council was split relative to your performance relating to diversity among staff, boards and

committees. The Council acknowledges that you are committed to increasing diversity in these areas, and

acknowledges that some recent hires have increased the diversity of the workforce. However, additional

information on the strategies to be employed toward this goal would be appreciated. We would like explicit

information from you on the strategies you will employ to increase the diversity in our staff and committees.

We are aware of your desire to achieve these goals and would welcome information on the steps you are

working on.

While the reviews on LSSE are generally positive, and the Council recognizes the continuation of

“scholarships” included in the FY20 budget. However, comments from the Councilors indicated that a report

has not been made. The Council is hopeful that a full analysis, in concert with the LSSE Commission and the

public, of the offerings and fee structures will be presented to the Council soon.

The planning for the I-Net replacement and the evaluation of whether the Town should create a wholly

owned communications network is taking place but limited information has been provided to the full

Council regarding the potential for municipal broadband on this I-Net. Continued communication regarding

the progress and opportunities related to these goals will be appreciated going forward.

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VI. Transition to and Implementation of the New Form of Government

1. Plan the transition from the Select Board as Local Licensing Authority (LLA) for new

alcohol/liquor and common victualler applications, as well as annual renewals, to the new

Board of License Commissioners, who you may nominate for Town Council-elect review

prior to the Town Council taking office 12-03-18 (A.2.e or Q14, Q15): 46% Commendable,

15% Satisfactory, 8% Needs Improvement, 0% Unsatisfactory, 38% Unable to Judge. Note:

This goal previously appeared in III.

2. Update Select Board on continued implementation of the Charter transition plan (A.4.a or Q16,


Unable to Judge.

3. Develop a strategy and protocols for staff accepting and responding to communications from Town

Councilors as well as from staff, and by all directors and department heads so that a consistent

process is developed at all levels of Town government (A.4.b or Q21, Q22): 23% Commendable,


4. Preparing materials and information as needed in advance of the March 2018 Charter Vote.

Creating and implementing a transition plan based on the outcome of the Charter Vote

(B.III.5 or Q58): 46% Commendable, 31% Satisfactory, 0% Needs Improvement, 8%


Your handling of the transition from a Town Meeting – Select Board form of government to a Town

Council – Town Manager form of government over the past year has been an area of general excellence.

You handled the transition to a Board of License Commissioners as the Local Licensing Authority well. The

Commissioners appointed have been outstanding in their handling of the rescinding the license to Porta. There

was some concern that the nominations of the new Board members could have been made earlier, but there

was no identified harm in the time frame you chose. Your change in the staffing approach regarding licenses

was identified as a positive action that will help the Town in the long-run.

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You successfully managed Amherst’s transition between forms of government. The transition consumed a

large amount of your time and attention. During the past year, you kept both the Select Board and the Town

Council aware of your plans. However, a formal written plan was not presented to either entity, leaving both

entities unclear on whether all aspects of the transition were being covered. In the future, written plans for

major items are helpful and should be created and provided to both those implementing the plans and those

that need to be kept informed of the progress, to ensure that items are not overlooked, delayed, or repeated.

The Council would like to have a consistent and clear process in place to enable Councilors to communicate

efficiently and effectively with Town staff. This is necessary so that Councilors and staff have a common set

of expectations regarding initiating and responding to communications. While the ratings appear positive, the

comments from the Council demonstrate this is an area for improvement. Councilors are unsure about the

protocols, both when communicating regarding their own questions, and when trying to assist constituents

with their concerns, or attempting to get information to better answer constituent questions.

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Evaluation Process Information

The new Charter adopted by the Town in March of 2018 specifies in Section 3.9:

SECTION 3.9: ANNUAL REVIEW OF THE TOWN MANAGER

The Town Council shall conduct an annual review for assessing the Town Manager’s performance.

Under the authority granted the Select Board under Sections 10.7.b and 10.13 of the new Charter, the Select

Board opted to continue its past practice and process for evaluation of the Town Manager. The previous

Charter required an annual review of the Town Manager as described in the Amherst Town Government Act,

Chapter 216 of the Acts of 2001, as amended by Chapter 263 of the Acts of 2006, Section 4.7:

4.7 Annual review of the town manager

The select board shall conduct an annual review for the purpose of assessing the strengths and weaknesses of

the manager’s performance.

The review shall be based on a written list of performance criteria developed by the select board. Copies of

the criteria with an invitation to submit written comments shall be available to the public in the select board

office. After due consideration the select board shall prepare a written report of its evaluation. The report

shall be placed in the manager’s personnel file and a written summary may be released to the public.

That description does not fully reflect direction from the AGO interpreting Open Meeting Law, who have

indicated that the annual review:

must be conducted in a public meeting,

individual Select Board member (insert: Town Councilor) evaluation forms cannot be distributed in

advance of a public meeting, per the definition of “Deliberation” in MGL Chapter 30A Section 18

(emphasis added): “Deliberation”, an oral or written communication through any medium, including

electronic mail, between or among a quorum of a public body on any public business within its

jurisdiction; provided, however, that “deliberation” shall not include the distribution of a meeting

agenda, scheduling information or distribution of other procedural meeting or the distribution of

reports or documents that may be discussed at a meeting, provided that no opinion of a member is

expressed.

individual Select Board member evaluation forms are public records subject to disclosure

staff questionnaires and public comments were read by every Town Council member and the Town

Manager, but are considered personnel documents and thereby exempt from public disclosure

This practice is also reflected in the Contract/Employment Agreement between the Town of Amherst,

Massachusetts and the Town Manager:

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4. TOWN MANAGER EVALUATION

…

4.2. Annually, the Board shall review and evaluate the Town Manager based on the goals and objectives

developed jointly by the Board and the Town Manager. The evaluation process shall be conducted each

summer, as determined by the Board and in accordance with Section 4.7 of Chapter 216 of the Acts of 2001,

the Charter of the Town of Amherst. The Board shall provide an adequate opportunity for the Town Manager

to discuss his evaluation with the Board.

4.3. Annually, the Board and the Town Manager shall define and generally prioritize in writing the goals and

objectives, which they determine, necessary for the proper operation of the Town and the attainment of the

Board’s policy objectives. The goals and performance objectives shall be such as are reasonably attainable

between the date set and the end of the fiscal year and within the annual operating and capital budgets and

appropriations provided by the Town and the events that have occurred during the year.

Town Council individual evaluation forms are informed by a variety of documents, including:

The Town Manager’s July 12, 2019 memo “FY19 Town Manager Performance Goals – Annual

Report” https://www.amherstma.gov/Search?searchPhrase=Town%20Manager%20Performance%20Review

Select Board’s August 24, 2018 memo “FY19 Town Manager Performance Goals”

https://www.amherstma.gov/DocumentCenter/View/45247/4-b-TownMgrGoalsFY19-DRAFT-

Bockelman-REVISED-08-22-18-avb

Select Board’s October 29, 2018 “FY20 Budget Policy Guidelines”

https://www.amherstma.gov/DocumentCenter/View/45749/4d--FY20BudgetPolicyGuidelines

As well as our personal observations, impressions and interactions throughout the year; feedback received

informally during the year from staff members, committee members, and members of the public; and feedback

received through formal solicitation during the annual evaluation process.

This year, Staff Questionnaires were sent electronically to the 324 current staff members (full and regular

part-time) with Town emails plus (0) hardcopies [employees were encouraged to print out their response and

submit the paper version to the Director of Human Resources], and 30 total paper and electronic) were

returned to the President of the Town Council and all Councilors. While the Staff Questionnaire submission

rate had dropped in past years, there was a slight increase, which may be due to the increase in forms available

through email as well as the slight increase in staff. This may be partly due to increased availability of the

forms to all levels of staff via email, as total staff has not increased at the rate reflected here:

FY11: 43/256 = 17%

FY12: 30/237 = 13%

FY13: 28/220 = 13%

FY14: 20/243 = 8% (or 24/243 = 10% if FY14 late counted in FY14)

FY15: 24/312 = 8% (or 28/312 = 9% if FY14 late counted in FY15)

FY16: (only temporary Town Manager, not this process)

FY17: 18/389 = 4.6% (library staff included beginning FY17)

FY18: 20/318 = 6.3% response rate. Library staff not included - they do not report to town manager. FY17

inclusion was inadvertent

FY19: 30/324 = 9.3%

Details for FY19: there were 324 people via email distribution sent on 6/20 to town staff regarding Town

Manager Evaluation that attached the Staff Questionnaire fillable evaluation form as a .pdf document and

offered a link to on-line survey. In total, there were (324) staff questionnaires distributed. The distribution

was as follows:

https://www.amherstma.gov/Search?searchPhrase=Town%20Manager%20Performance%20Review

https://www.amherstma.gov/DocumentCenter/View/45247/4-b-TownMgrGoalsFY19-DRAFT-Bockelman-REVISED-08-22-18-avb

https://www.amherstma.gov/DocumentCenter/View/45247/4-b-TownMgrGoalsFY19-DRAFT-Bockelman-REVISED-08-22-18-avb

https://www.amherstma.gov/DocumentCenter/View/45749/4d--FY20BudgetPolicyGuidelines

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(44) at Town Hall

(108) at Fire (career, call, student forces)

(71) at DPW

(69) at Police

(13) at Bangs

(19) at LSSE [survey was not sent to seasonal employees]

In response to soliciting comment from committees, boards, and commissions via email to all chairs and all

staff liaisons, we received (10 submissions:

FY11 to FY18 (Not available at this time)

FY10: (10)

In response to soliciting comments from the public through notices to the public via the Town website,

including subscribers to Town News alerts, we received three (3) submissions:

FY11: (14)

FY12: (34)

FY13: (9)

FY14: (6)

FY15: (23)

FY16: (only acting, interim, and temporary Town Manager, not this process)

FY17: (8)

FY18: (4)

FY19: (3)

fy19 town manager evaluation memo - final for publication

Documents