12 Days to go

If you are interested in receiving a Referendum Petition please email your address to me at david@sosportsmouth.com and I will drop it by your home. We had a good first day but need more than 100 signatures per day to reach our goal. We need as many hands as we can get!

Tell family and friends to come to the High School next Thursday and Friday (6-9 & 4-7) for our Sign & Drive.

Thank You ALL!

Press Release

Portsmouth, Rhode Island – 7/29/2010 - At 9:00am this morning at the Portsmouth Canvassing Offices, David Croston, on behalf of all Portsmouth school supporters, submitted a request for referendum asking for an additional $765,301 for the Portsmouth Schools. That represents a total school budget request of $36,293,021 or a 1.5% increase from FY2010. If successful, the referendum would increase taxes $0.204 per thousand or $71.44 annually for a home valued at $350,000. Last evening, the Portsmouth Town Council voted a $0.036 increase per thousand. In total, were the referendum to be successful, the Portsmouth Tax Rate would increase $0.24 per thousand from $11.265 in FY2010 to $11.505 in FY2011.

The referendum campaign will kick off in earnest this weekend with a signing station at Sandy Point Beach and volunteers canvassing their neighborhoods. Volunteers will be present on Monday & Tuesday night at Seveney Field, a rally is scheduled at the intersection of 138 and 138a on Tuesday night, and signing stations will be manned next Thursday and Friday at the Portsmouth High School from 6-9 am and 4-7 pm.

“We need to stand-up for Portsmouth education. Our system has delivered the most efficient system for the dollar in all of Rhode Island. It is easy in these difficult times to blame the institution, but it is honestly misplaced. Education is a fundamental right and what drove many of us to Portsmouth. Our home values and the economic opportunities for our kids, grandchildren and neighbors hinge on a vigorous education. It would be shortsighted and purely politic not to see the benefits of our investment in education. As I have stated previously, a 1% decline in the average home is $3,500; which is very plausible were we to underfund our Schools. $71.44 or $5.95 per month is a worthwhile investment in our community,” states David Croston, founder of Save Our Schools.

TOWN COUNCIL DECIMATES SCHOOL'S BUDGET

Was there ever a doubt? The Town Council voted the top line FY 2011 budget for the schools at $35,527,720, a $1,115,301 cut from the requested budget. To provide some context, this years (FY 2010) top-line budget is $35,746,286, $218,566 more than FY2011! This, clearly, is unacceptable on all fronts and forces the referendum campaign and possibly legal action by the School Committee. Technically, the town appropriation is slightly more for FY2011 than FY2010- $129,542. Functionally, it is level funding the Schools.

Tomorrow morning at 9:00 at Town Hall I will submit our referendum question for certification by the Canvassing Department. I expect to have certified signature papers by days end, and will distribute to neighborhood captains on Friday. If you want a sheet, please email me at david@sosportsmouth.com. Please do not assume your neighbor is in charge - TAKE CHARGE. We need 1,500 signature or 30 people getting 50 or 50 people getting 30! Step up to help - WE HAVE 14 DAYS!!!!!

The referendum will ask to increase the school budget by $765,301. This represents the difference between the Schools revised budget (minus $350,000) and the voted allocation.

Next week we will have a rally at the junction of 138 and 138a (BankNewport @ Clements) on Tuesday night and will have our Sign & Drive Campaign Thursday and Friday (AM & PM) at the High School.

WE NEED EVERYONE! THIS IS THE HARDEST STEP OF ALL! 1,500 IS ALOT OF SIGNATURES!

Where from here? WEDNESDAY TC MEETING

You had to be there... the best word I could use is "Insulted". I simple felt insulted by the majority of the Council who was unprepared and ill-informed to reach any budget outcome last night. After countless hours in workshop after workshop, it was as if we were starting on page one - exactly where we will start on Wednesday. (If you dare, we really would love to share this sad theater with you on Wednesday.) As we predicted on our first post: politics is this Council's only master. The majority ignore the facts, manipulate the facts, and craft this vision of their own making. It paints our Schools, Teachers, Administrators, and School Committee in dark tones, which insults all their hard work and insults my intelligence. Now we pit the Schools against other Town Departments, and that insults our community and our needs.

Our answer will be a Referendum, which will kick-off in earnest next week. We will have morning and afternoon signing stations at the High School, please plan to attend next Thursday and Friday. We need 1,500 signatures, please do not assume your neighbors will sign and this is not worth your time. We need you, your spouse, and your neighbors. Come up to the High School next Thursday from 6-9AM or from 4-7PM to help us supPORT SCHOOLS!

Unbelievable! Simply Unbelievable!

There is no budget. The Provisional Budget was voted down; and, the majority of the Council seemed poised to level fund the schools. We litterally were left looking at one another as the Council had no answers. They wanted to cut another $502,131 from the budget to bring it in at "Cap". At the end they pushed the vote to Wednesday night.

This delays our referendum plans. I have had to cancel ads and a rally for Wednesday. Our Sign & Drive campaign will be delayed a week. Please stay tuned, we need your help to win this battle. All for now...

Finally! Final TC Budget Vote

This journey finds some answers this Monday night July 26th, the final Town Council vote on the budget. This is truly a time for leadership. The Schools are requesting a 2.51% increase, have stated clearly they could work with 1.5%. This is well within line of other Town departments; but, most importantly, this is only after difficult cuts to teachers, staff, and the Elmhurst School. The 1.5% increase will exceed the Maximum Levy Cap ("Tax Cap") and cost the average taxpayer about $8.33/mo. In an extraordinary year, a year the State has abandoned Portsmouth with cuts to State Aid, maintaining the foundation of our community: strong schools, safe streets, and trained first responders should be the Town Council's primary objective.

The Portsmouth Town Administrator has submitted all appropriate documentation to the State Municipal Affairs Department, and has the approvals to exceed the "Cap". So we have the right! Do we have the Leadership?

We pray that we avoid the signature campaign scheduled to begin this Thursday, avoid any further consideration of seeking Court assistance, and save the angst of our community.

School Counsel Weighs in on Referendum

See update below in Blue

Stephen Robinson, newly hired School Committee attorney, issued a legal opinion to the Schools yesterday. Steve guided the School Committee through the Caruolo action in 2007. Mr. Robinson states that the Town Council has on one hand budget authority and on the other hand taxing authority; and, a referendum question providing more money to the schools is in the budget hand. So, were a referendum to succeed providing more money to the Schools, the Town Council would be obligated to provide those funds. The Council, in turn, would have three possible sources for the funding: cut the municipal budget, take from the reserve fund (as was done in 2006), or vote to exceed the Maximum Levy Cap (which we have the right to do based on loss of non-property revenue in FY2011). The Council would have to find the funds. Steve is very good at what he does, and he represents a number of other School Districts.

Our belief was that our "Tent Meeting" was a Financial Town Meeting with all the rights afforded that in the Maximum Tax Levy legislation. Our Charter allowed us to override the Council with a Financial Town Meeting, which than gave the residents the power to vote to exceed the "Cap". Than we changed the Charter. The intent of the Charter change was not to change that right, but to make that right more fair for all residents of Portsmouth; and, extending that right to a full day vote with absentee ballots et. al. So, if I were deployed in Iraq but wanted to vote, I would be afforded that right. Were I a nurse who needed to work that Saturday morning, I would have a vote. We will be seeking a legal opinion as to whether any of those rights have changed under a Referendum. Stay tuned...

Update:

Is it the "or" or the "also"?

Lets go back to the Maximum Levy paragraph (e): Any levy pursuant to subsection (d) of this section in excess of the percentage increase specified in subsection (a) or (b) of this section shall be approved by the affirmative vote of at least four-fifths (4/5) of the full membership of the governing body of the city or town or in the case of a city or town having a financial town meeting, the majority of the electors present and voting at the town financial meeting shall also approve the excess levy.

At first read, it would appear that the law affords either a Town Council vote to exceed or a majority of the electors to vote in the case of a Financial Town Meeting. Our argument hinges on the meaning of "also". Does the Bill require both? Our quest continues... stay tuned.

The referendum campaign is in full force. There are numerous benefits to the referendum, but we first need 1,500 signatures over 14 days beginning on July 27th. Remember Sign & Drive begins on Thursday July 29th and Friday, July 30th!

Running Scared?

Thank you to those who took the time to attend last night’s Public Meeting on the budget. To quote John McDaid the residents spoke 3:1 in favor of funding the schools, but our work is just beginning.

The Town Council was not void of politics last night having Town Counsel provide an opinion as to whether a Referendum question would override S3050's (Maximum Levy) super majority vote (6 of 7 Councilors). Maybe the majority of the Town Council are running scared? Why would this be raised last night but to dissuade us from proceeding? Well, Donato Andre D'Andrea, Esq. stated that the Council’s super majority vote would still be required if the Referendum question appropriated monies to the Schools that exceeded the “Tax Cap”. So, let’s look at the wording:

(e) Any levy pursuant to subsection (d) of this section in excess of the percentage increase specified in subsection (a) or (b) of this section shall be approved by the affirmative vote of at least four-fifths (4/5) of the full membership of the governing body of the city or town or in the case of a city or town having a financial town meeting, the majority of the electors present and voting at the town financial meeting shall also approve the excess levy.

The last sentence seems more than clear, giving the electors full authority to exceed the “Cap”. Well, Town Counsel believes Portsmouth no longer has a Financial Town Meeting; therefore, the provision is moot. So, the Town Charter change, voted on by the majority of residents providing a one day election (Referendum) to replace the Financial Town Meeting, is itself not a Financial Town Meeting. So the intent and the will of the people be damned.

We sincerely look forward to challenging Counsel’s opinion and our planning continues on the Referendum. What concerns us most is the brazen intent to subvert the will of the voters, not just if a referendum succeeded but the voted Town Charter change. Just take a moment to think about it… is this Council really trying to rule in the minority? These next few weeks should be fascinating!

Please see Maximum Levy legislation text below:

44-5-2. Maximum levy. -- (a) Through and including its fiscal year 2007, a city or town may levy a tax in an amount not more than five and one-half percent (5.5%) in excess of the amount levied and certified by that city or town for the prior year. Through and including its amount levied and certified by that city or town for the prior year. Through and including its fiscal year 2007, but in no fiscal year thereafter, the amount levied by a city or town is deemed to be consistent with the five and one-half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one-half percent (105.5%) of the prior year's tax rate and the budget resolution or ordinance, as applicable, specifies that the tax rate is not increasing by more than five and one-half percent (5.5%) except as specified in subsection (c) of this section. In all years when a revaluation or update is not being implemented, a tax rate is deemed to be one hundred five and one-half percent (105.5%) or less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged for purpose of taxation, is no more than one hundred five and one-half percent (105.5%) of the prior year's tax on the same parcel of real property. In any year through and including fiscal year 2007 when a revaluation or update is being implemented, the tax rate is deemed to be one hundred five and one-half percent (105.5%) of the prior year's tax rate as certified by the division of property valuation and municipal finance in the department of revenue.
(b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five and one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or town for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount not more than five percent (5%) in excess of the total amount levied and certified by that city or town for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount not more than four and three-quarters percent (4.75%) in excess of the total amount levied and certified by that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may levy a tax in an amount not more than four and one-half percent (4.5%) in excess of the total amount levied and certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a city or town may levy a tax in an amount not more than four and one-quarter percent (4.25%) in excess of the total amount levied and certified by that city or town in its fiscal year 2011. In its fiscal year 2013 and in each fiscal year thereafter, a city or town may levy a tax in an amount not more than four percent (4%) in excess of the total amount levied and certified by that city or town for its previous fiscal year.
(c) The division of property valuation in the department of revenue shall monitor city and town compliance with this levy cap, issue periodic reports to the general assembly on compliance, and make recommendations on the continuation or modification of the levy cap on or before December 31, 1987, December 31, 1990, and December 31, every third year thereafter. The chief elected official in each city and town shall provide to the division of property and municipal finance within thirty (30) days of final action, in the form required, the adopted tax levy and rate and other pertinent information.
(d) The amount levied by a city or town may exceed the percentage increase as specified in subsection (a) or (b) of this section if the city or town qualifies under one or more of the following provisions:
(1) The city or town forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the department of revenue.
(2) The city or town experiences or anticipates an emergency situation, which causes or will cause the levy to exceed the percentage increase as specified in subsection (a) or (b) of this section. In the event of an emergency or an anticipated emergency, the city or town shall notify the auditor general who shall certify the existence or anticipated existence of the emergency. Without limiting the generality of the foregoing, an emergency shall be deemed to exist when the city or town experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions or utility expenditures by a percentage greater than three (3) times the percentage increase as specified in subsection (a) or (b) of this section.
(3) A city or town forecasts or experiences debt services expenditures which exceed the prior year's debt service expenditures by an amount greater than the percentage increase as specified in subsection (a) or (b) of this section and which are the result of bonded debt issued in a manner consistent with general law or a special act. In the event of the debt service increase, the city or town shall notify the department of revenue which shall certify the debt service increase above the percentage increase as specified in subsection (a) or (b) of this section the prior year's debt service. No action approving or disapproving exceeding a levy cap under the provisions of this section affects the requirement to pay obligations as described in subsection (d) of this section.
(4) The city or town experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the city or town or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the department of revenue.

Referendum FAQs

What is a Referendum?

It’s hard to forget the infamous Tent Meeting of the summer of 2006, the resulting law suit, and ultimate resolution. During that process many residents felt disenfranchised from the vote, having to work that Saturday morning or having existing vacation plans. Led by Sal and Chris Carceller, the residents voted to change the Town Charter calling for an all day referendum vote. Today, if 10% of the electorate (roughly 1,500 registered voters) petition the Canvasser, an all day election will be called.

Why would we call for a Referendum Vote?

We do not believe that the Town Council and the School Committee will come to an agreement on a Schools budget for FY2011. In order to adequately fund the schools this Town Council, in our opinion, would have to exceed the “Tax Cap”. We do not believe a Super Majority (6 of 7 Councilors) will agree to exceed. That means the Schools face a possible deficit of over $1 Million. This leaves the School Committee two options: go back to Court (as it did in 2006) or seek support through a Referendum Question.

I support the Schools, where do I sign?

Were you to support calling a Referendum, signature papers could not be available before July 27th, the day after the Town Council’s final budget vote. The Town Charter provides for the Canvasser to prepare Referendum Petitions as of the 27th, and gives proponents 14 days to obtain signature from 10% of the electorate. So, this is no easy task!

OK, then what is the plan?

We are hopeful to get the vast majority of our signatures on Thursday, July 29th and Friday, July 30th on Sign & Drive venues. We will have signature stations at each school in the AM and PM commuting hours. We will try to make it as easy as possible – it literally is a signature and your address. Stay tuned… Information can be found at www.sosportsmouth.com.

We will then begin a canvassing campaign to get the remaining signatures.

What would the Referendum Question be?

It is too early to be specific, but it looks like we will seek funding for the School at 1.5% greater than their FY2010 allocation. This is the figure the School Committee’s Finance Sub-Committee brought to a June Town Council Hearing, and what we believe to be the School’s “bottom-line”. That would fund the Schools for FY2011 at $36,023,601. This would cause a tax increase to the average property tax payer ($350,000) of a little more than $100 per year or $8 and change per month.

The FAQs on PORTSMOUTH SCHOOLS

What is being asked for and what is being provided?

If you are receiving this FAQ you are attending the Public Meeting on the FY2011 Town Provisional Budget. Tonight public comment will be asked for regarding the budget. There will be no votes or decisions made tonight, just the residents voicing favor or concern regarding the budget. The Town Council will vote the final budget on July 26th at 7:00 in Town Council Chambers, Portsmouth Town Hall. There may be an additional meeting for Council debate prior to the 26th.

The School Committee presented the Town Council with a $36,643,021 budget and has not voted to change that request. That request asks for a 2.51% increase in funding from FY2010. The Town Council voted to “level fund” the Schools in their Preliminary Budget (a $1.2 Million Cut); and, subsequently split that figure, approving a Provisional Budget for the Schools of $36,023,601. This represents a 0.78% increase. The Provisional Budget requires the Town to exceed the “Tax Cap” (Senate Bill 3050 Tax Levy Cap). There was a loophole at the time of the vote which allowed a simple majority to approve to exceed the cap that no longer exists. Therefore, as we sit tonight and with no expectation that 6 of 7 councilors will vote to exceed the cap, the Schools face over $1 million in cuts from their proposed budget.

The School Committee, through its Finance Sub-Committee, has offered for discussion a $36,293,021 budget or a $350,000 cut from their requested budget. This would represent a 1.5% increase. That is believed to be the “bottom line” for the School Department.

Clearly a $1+ million dollar cut to the School’s budget is devastating, as all sports, music, extracurricular, some arts, theater, no-step increases, no pay increases… don’t even total $800,000. Were the Town Council to maintain their super majority opinion against exceeding the “Cap”, the Schools are left two options: the Courts or a Referendum Election in September. Was the Town Council willing to accept the Schools 1.5% increase that would mean we would exceed the S3050 levy cap of 4.5% by roughly $1 million; for the average home ($350,000) that would equate to a property tax increase of about $100, slightly more than $8 per month.

How efficient are we?

The Portsmouth School System has consistently been one of the most efficient school systems in Rhode Island, and the facts consistently prove that out. We have for the past decade attacked ourselves within Town when our argument should be the parity of per pupil spending. In fact, our efficiency had a great deal to do with our loss in State Education Aid beginning in FY2012. To begin let me state the facts: (Source: RIPEC - RESULTS Education in Rhode Island 2010)

• Portsmouth is 33rd of 36 Districts in Expenditures per Pupil
• Portsmouth is tied for last in General Instruction Expenditures per Pupil
• Portsmouth spends $11,955 per pupil while the Suburban Average is $14,122 per Pupil
• Our oft mentioned “Region Partners” Middletown & Newport spend $15,102 and $18,450 respectively per Pupil.
• 76% of the cost of Education in Portsmouth is paid for by Local Taxes, compared to 61.5% in Middletown and 59.5% in Newport.
• Middletown (a smaller District) received $9.5 million vs. Portsmouth’s $5.9 million in comparable State Education Aid (FY2008). And, Portsmouth will lose $2.070 million of that aid beginning with a $207,000 cut in FY2011.

Barrington, who joins us in the top three of efficiency, will actually receive more in the new State funding formula. Why, because Barrington taxpayers have always supported their schools, covering 90% of the cost of education with local taxes.

Our debate this budget season has been focused on the unions, cost cutting, layoffs, and closing Elmhurst. Have we as a community stepped back and taken the time to understand our budget and what incredible things have been realized for so little all these years? Our labor costs are included in the RIPEC study; and, while changes are being negotiated, let’s not vilify our teachers or their right to make a living. Starting teachers are paid in the high $30K and top at Step 10 at $71K, which is not an unreasonable range. It is easy to take facts out of context and cherry pick an anomaly – ex: Step 8 to Step 9 Increase. Let’s understand the facts and reasonable plot a prudent course for Portsmouth education.

Clearly, the facts show that Portsmouth is one of the most efficient Districts in Rhode Island, but instead of celebrating that accomplishment we continue to ask for more. While Barrington will receive greater State Education Aid next year, Portsmouth will lose based on our ability to pay more from local taxes. So our frugality has actually come home to roost.

Why is this Year Important?

Rhode Island is clearly going a challenging fiscal period and to help balance its budget the State cut State Education Aid and State Aid for Cities and Towns. This has placed a terrible burden on local Council’s to balance this loss in revenue. This comes just a few years after passage of Senate Bill 3050. Under S3050, Portsmouth’s town tax levy increase is capped at 5.5 % to 4.0% by FY 2013 (FY2011-4.5%). The bill also established a cap on the budget adopted and presented by any School Committee at 105.25%, beginning in FY2008, of the previous year’s allocation. The cap would be reduced to 104% by FY2012. BTW: the same year we will begin to lose $207,000 in State Education Aid per year for ten years.

Fighting for proper funding in FY2011 is critical to maintain the integrity of Portsmouth’s education system. But, realizing that no one is at fault: the Town Council, the School Committee, Town Administrators; but, that the State is at fault, that we have a funding crises, that we need to protect our basic services; we need to exceed the Cap for FY2011. Most importantly, we have the right to exceed the cap by law due to the loss of non-property tax income: State Aid. That right may not be as clear in future years when we face cuts from the School Aid Funding Formula.

Town Council
Budget Public Meeting
Wednesday Night
7:00 PM
Portsmouth Middle School

Wednesday night is an important first step (of three) in letting your support for schools to be seen and heard. This is our one chance to speak to our Town Council & School Committee before their final budget votes. Believing we are still looking at a $1.2 million cut to schools, your second step is to join us in signing the petition for Referendum the week of July 27th (more information to follow). And finally, the third step is to vote in September’s Special Election to fully fund our schools.

Learn more at: www.sosportsmouth.com.

Visibility Campaign to Launch on 14th of July

Coming to a car near you... (maybe yours?) Lets build visibility and awareness for the schools. The below bumper stickers will be available for the Town Council Meeting on the 14th. We need volunteers to help hand out an information sheet and bumper sticker on that night. We will need volunteers to staff a Referendum Information Table to capture names and addresses of supporters.