VEAZIE, Maine — A proposed contract for the Veazie Sewer District’s superintendent of 23 years has drawn criticism from several residents, including one of the three members of the district’s board of trustees.
Trustee Chairwoman Esther Bushway presented the contract during a February board meeting. The three-year contract promises Superintendent Gary Brooks a $74,500 salary per year plus benefits through Dec. 31, 2014.
Brooks hasn’t had a contract for the past 23 years and said Tuesday that he did not ask Bushway to draft the contract.
“But I don’t think it’s a bad idea. I’m not against it,” Brooks said.
The contract stipulates that Brooks may terminate the agreement at any time after providing 30 days’ written notice. The sewer district trustees may terminate the superintendent’s employment, provided they pay him the full salary for each of the three years, according to the contract. The agreement and Brooks’ employment also could be extended or terminated by the trustees after the initial term ends on the last day of 2014.
On Monday, Rob Tomilson, the newest sewer district trustee, emailed a letter to Veazie residents that questioned the motives behind the contract and argued that it would make Brooks immune from dismissal without paying the superintendent’s full three-year salary.
Tomilson joined the board last year after trustees passed what Tomilson called a “large, unnecessary rate increase.”
“The way I understand the contract is that Gary could get arrested for mass murder … and as long as he didn’t turn his notice in to the sewer district, the district still has to pay him,” Tomilson said Monday.
The second paragraph of the contract states that the contract must “follow the current Veazie Sewer District Personal Policy and the current Veazie Sewer District superintendent job description.”
Brooks argued that violations of his job description or sewer district employee policies would serve as grounds for dismissal and nullify the agreement.
Tomilson also has criticized increasing labor expenses at the sewer district and compared Brooks’ salary with the salary of 30-plus-year Bangor Wastewater Treatment Department Superintendent Brad Moore’s salary of $77,680, a salary Moore confirmed Tuesday.
Tomilson argued that Moore’s responsibilities were “exponentially greater” than Brooks’ because Veazie has a Grade III wastewater facility, which is less complex and serves a smaller population than Bangor’s Grade V treatment plant.
Brooks countered that Bangor operates a municipal facility, meaning that major sewer decisions on liens, rates and complaints are handled by city officials. Veazie’s sewer district, which is a quasi-municipal entity, doesn’t use town employees to do this work and relies on its own staff. Brooks said he essentially has to act as “town manager” for the sewer district, handling situations that town employees would handle in a municipal wastewater system.
Brooks said it is not unusual for a municipal department head to have a contract.
Tomilson called the the contract “one-sided” and said he’s concerned that Veazie residents have had no say in it.
Brooks argued that town managers and other town employees have their contracts worked out behind closed doors in executive session, and that his contract should have been handled in a similar way.
Trustees will discuss the proposed contract at Wednesday night’s sewer district meeting, which is scheduled for 6:30 p.m. in the district’s office at 34 Hobson Ave.
Bushway said Monday that she wouldn’t comment on the contract before the meeting.
My question is who wrote up this dumb one sided contract?
Also when is a municipal government employee allowed to plow his driveway with the districts truck?
Also I have seen him drive his wife to work with the sewer districts truck ~ must be nice while I have to use my own car to drive my wife to work when her car is in the shop!
What brain dead attorney signed off on this contract? Did a real attorney write an opinion because I would like to see it !
This is a copy of the email I received ~ everyone should read it and then they can see what is going on at the district !!!!
March 12, 2012
Dear fellow Veazie Residents
My name is Rob
Tomilson and I am Trustee of the Veazie Sewer District.
I became interested and involved with the Sewer District last year, after questioning the large unnecessary rate increase passed last year by the Sewer District at YOUR expense.
I am writing to you to ask for your help to prevent another large,additional and unnecessary liability from occurring at YOUR expense.
At the last Sewer District Trustee meeting, the Chairperson of
the Sewer District, Ester Bushway – announced by surprise, that she
was going to implement an employment contract with the existing
District Superintendent. It is ironic that a $300,000 guaranteed
payout contract would be introduced in that manner. The goal of the
contract, as stated by Chairperson Bushway, was for the benefit of
the Superintendent and to protect the Superintendent from what is going
on in the town of Veazie. As Trustees, we have a sworn fiduciary duty
to represent and protect the interests of the citizens of Veazie. Our
responsibility is not to represent the employees of the Sewer
District at the detriment to the taxpayers of Veazie and Rate Payers of
the Veazie Sewer District.
Currently, the Superintendent does not have an employment contract and is considered an employee at will under Maine law.
Most employees in the State of Maine are employees at will. This is the most
desirable form of employee – employer relationship for the employer and is
the best arrangement for the citizens of Veazie. Any change to the
current status quo – at will employee – relationship weakens the Sewer District.
Chairperson Bushway begrudgingly agreed to have the Sewer District
Attorney review the contract as long as it did not cost much
money.
The chairperson then stated that she was going to pass the contract at the next Sewer District Meeting.
Some highlights of the contract after review by the Sewer District attorney:
· Length of the contract is 3 years
· Citizens of Veazie have no say in the contract or approval of
the contract. There are no public meetings or notices, no voter approval, no citizen input, period.
· Contract is retro-active to January
1, 2012
· Estimated value of contract is approximately $300,000
including wages and benefits.
· Contract is very one sided in the favor of the Superintendent. If the contract is cancelled or terminated by the Sewer District, the superintendent is paid the entire contract amount. There is
no dismissal for cause, no elimination of position, etc. There is NO protection for the Sewer District and the Citizens of Veazie for
any misconduct by the Superintendent. If the Superintendent is
arrested and convicted of murder, the Sewer District will still be paying
the Superintendent. If the Superintendent chooses to not show up for
work anymore, the Sewer District will still be paying the Superintendent.
The Superintendent gets full use of the Sewer District vehicles for personal use without having it provided to him as a taxable benefit which is against state and federal IRS regulation’s.
– This benefit also includes plowing his driveway with the sewer district truck,
no other public employee in Veazie is allowed to use public property
to this extent for personal use. The Contract and wages are not tied to job performance – good or bad – the citizens of Veazie pay regardless of job performance.
Current wages paid by the Veazie Sewer District for the
Superintendent are $74,500 per year plus full benefits. The value of
employee benefits is approximately $25,000 per year. Currently, the
Veazie Sewer District provides our Superintendent with a very high level
of compensation compared to other sewer district superintendents
in similar sized towns with similar responsibilities with similar
sized facilities. The average wages for the sewer district superintendent position in similar sized communities is $38,967 per year
based on a MMA salary survey. Additionally, wages have increased at a
compound rate of 11% since 2002 at the Veazie sewer district. To put
this salary in perspective, the City of Bangor WWTP superintendent
makes $77,680 per year, essentially the same salary as our Superintendent.
Bangor’s facility is much more complex Grade 5 vs. Grade 2,
Bangor’s system is 90 times larger than Veazie’s, 18 million gallons per day vs. two hundred thousand gallons per day, and the responsibilities of the Bangor superintendent are exponentially greater – more employees,industrial waste water, storm water, larger collection system, etc.
I have attached a copy of the contract for your review as well as the MMA salary survey information for your review.
The next Veazie Sewer District Meeting is Wednesday, March 14 at 6:30PM. Your comments and feedback can also be made by calling the Veazie Sewer District at 942-1536 or by e-mailing billing@veaziesewerdistrict.com
My e-mail address is Veazie.sewer.trustee@gmail.com
Driving directions to Veazie Sewer District
http://www.veaziesewerdistrict.com/page8.html
I hope to see each of you at the Sewer District Meeting this Wednesday evening.
Mr. Tomlinson……you don’t even have a clue on this Bangor – Veazie comparison. Your “view” is so one sided……intentional of course to fool the common sewer user in Veazie…..I’ve seen some pretty complicated “small plants” as you call them.
Note that the Bangor wastewater plant does not perform maintenance to the sewage pipes. This is done by a whole other town department with multiple employees.And bangor is not as complicated as one would think……….you might fool the Veazie sewer users Mr. Tomlinson…..oh and Mr. Moore does a fantastic job over there with a great staff…same as VSD
Another SHADY deal in Veazie ! I got one of the emails from the trustee and he attached PDF documents and a copy of the contract ~ Its the worst one sided contract ever written. The ratepayers should just write the guy a check now there isn’t even a termination for clause in the agreement!!!!
Hey isn’t Town Councilors Perkins and King former trustees and Councilor Olsen work for the Sewer District?
I guess the Town Council has nothing to say ~ Oh yeah that’s right the taxpayers pays the district an assessment of like $150,000 a year plus rates (double dip much?) ~ I guess we can see how it works ~ friends helping friends !!!!!
So he is the ” Town manager” of the sewer district? Well why doesn’t the Town just run the sewer district because the Town manager only makes something like $50,000 not $75,000.
Its funny how the sewer superintendent is the highest paid employee in the Town of Veazie.
Maybe the Town Manager should become a sewer rat and get into the wastewater treatment business if he isn’t happy with his salary. He chose his profession just like Brooks did………
Again what a bunch of jealous hosers in Veazie…..
Mr. Brooks has worked for the sewer district for 23 years WITHOUT a contract and now, for some odd reason, Ms. Bushway feels he NEEDS a contract (and a very lucrative one, too)! Can Ms. Bushway provide a valid reason as to why a contract for the superintendent’s position is suddenly necessary when it hasn’t been for the past 23 years? The only plausible reason I could see is that someone, somewhere within the sewer district is perhaps afraid that this position is not as “solid” as it once was.
Although Mr. Brooks may not have ASKED for this contract to be drafted, of course he is “not against it” (and probably had some involvement in the drafting of it as well). Who would be against something like this knowing they would be guaranteed a solid salary for three years PLUS full benefits? The majority of employees out there are considered “at will employees” so why is this status longer good enough for Mr. Brooks? And, of course, one would have wished for this to be discussed behind “closed doors” as God forbid the residents of Veazie find out there are (yet again) more back door dealings going on that only benefit certain people.
Mr. Brooks has worked for the sewer district for 23 years WITHOUT a contract yet Ms. Bushway suddenly feels one is needed? What would be a valid reason for such a contract other than perhaps someone, somewhere within the sewer district, believes that the superintendent’s position is no longer a given and perhaps at risk?
I am sure Mr. Brooks didn’t “ask” for this contract to be drafted but you can’t tell me that he didn’t have any involvement in the drafting. Who else out there wouldn’t love a contract that guarantees a solid three years’ worth of a hefty salary plus full benefits? This contract is very one-sided and benefits only one person and, as has been proven for the past 23 years, totally not necessary. As the saying goes, ‘if it ain’t broke don’t fix it.’
As for the process being done behind closed doors, of course they don’t want this information out there for the Veazie residents to see and find out that, yet again, there are more back door dealings going on that benefit only a select group of residents.
I wish this group of “friends helping friends” cared more about the entire town of Veazie and all its other residents than just their ‘friends.’
Sounds like 2 out of 3 trustees value Brook’s work and want to keep him on board with the utility. There is always a s*** stirrer on these boards as you can tell from this article.
Of course, the 2 trustees you mention want to keep Brook’s around … Mr. Brooks is the puppet master of those two! Mr. Tomilson is in NO WAY saying that the town does not value Mr. Brooks’ work for the past 23 years but simply questioning why, after 23 years, Bushway feels there is a need to give Mr. Brooks a contract. There is no s***stirrer on these boards, it’s just people stating their opinions.
Almost everything on here speaks of wages and benefits…….it reeks of jealousy…….this is nothing more than a witch hunt. Let’s see someone publish the town managers contract on here. I want to see that. Who’s got the kahunas? Are police and fire unionized in Veazie? Post their union contracts out here as well……..
Don’t know what all the ruckus is about. The guy has worked there 23 years. I’m sure he got cost of living adjustments along the way like we all have had. Twenty three years as an employee in the District? Sounds like he has done a pretty good job there. Just checked their website……they got a big award there a few years…….best operating sewer plant in the state of Maine……..pretty dam good. The trustee that spilled this venom in a publically addressed email should be removed from the Board. A cowardly act going behind the other trustees back. Pay the guy and feel lucky you have him!
Hi All!!! Just received another email that is going around Town and wanted to share with everyone who reads the BDN ~
Letter from a concerned citizen to Veazie Sewer District Trustees, He asked
me to forward his letter.
Start forwared letter below
Hello Trustees: My name is Travis Noyes. I am a resident of Veazie. As you all know, a year ago when the Trustees mentioned that they were looking for a rate increase, I became very interested in the financial management of the Sewer District. I asked several questions via email, as your Superintendent has said on numerous occasions that you are
willing to help the public with any question at any time, however none of my
questions were ever answered. The reasons given for the rate increase
were costs out of the District’s control. Upon further examination it became
widely understood that over the last 8 years the District has raised labor costs
by adding staff and growing the rate of compensation for certain positions at a
much faster pace than the growth of any salary in any government or private job
setting, anywhere, even the school system. It is unfortunate that the
Board of Trustees has taken such a drastic personal position on the matter of
our Superintendent. The Trustees have a fiduciary responsibility to the rate
payers, not the staff. A $300,000 unfunded liability is ridiculous. How much
money do we bring in annually through rates and assessments? How would we pay
this contract off if we had to and still maintain operation of the facility? I
am curious if there are any personal liabilities extended to those on the Board
that believe this is a good move for the rate payers of the District. We as
rate payers will not allow this type of personal almost nepotistic approach to
be put on us without some level of recourse. Does the Attorney that
works for the Sewer District work on behalf of the rate payers or the Board of
Trustees? It seems that he hasn’t given any advice, or recommended language to
address the issues raised by Rob Tomilson that each and every one of you need to
answer. The contract doesn’t cover what the Superintendent is supposed to do,
does he have to show up to work? What is cause of termination and if it is a
just cause, why should we have to pay him? Why are we breaking IRS regulation
by extending a taxable benefit to an employee written into a contract. I have
seen Gary driving his wife to work at EMMC, is this covered in the contract? It
just doesn’t seem that if the Attorney reviewed this contract, he was looking
out for the best interest of the rate payers I read Gary’s comments with
interest this morning through the BDN news story. I found it interesting that
he likened his position to a Town Managers. I remember when the treatment plant
was upgraded in the early 2000s. At that time the District was run by Gary,
Brian Stoyell and Dotty Henderson would come in for a few hours to do billing
and answer phones. The treatment process was inefficient and required lots of
maintenance engulfing Brian and Gary’s time. The upgrade provided a more
maintenance friendly system that is not as labor intense to operate.
So what has the District done since 2000? Since that time, they have
added one full time staff member and have doubled the salary of the bookkeeper
who now covers Dotty’s job and have nearly doubled Gary’s salary. I am still
trying to figure out why we needed to add one more person but after reading
Gary’s comments it is clear, he views himself as an administrator, and given how
he has cherry picked trustees over the years, I am sure he has been able to
convince them that his role is just as worthy and just as deserving. I would
imagine we are the only District/Town in Maine where the Treatment Plant
Superintendent makes more than the Town administrator. That in itself is
ridiculous. He manages 3 staff and what, maybe $500,000 annually. Are we
serious here? I am sure Gary doesn’t do the physical labor or other tasks as he
once did before either. It is now very clear, Gary views himself as an
administrative figure head that deserves a large salary. This is a SMALL
treatment plant with little issues and a SMALL collection system. We do not
need the staff we have and it is clear now the structure that has been created
by Mr. Brooks, his friendly cherry picked Trustees and his mind set. In the
City of Bangor, the salary level is high and demand is greater because in
effect, Brad does act as an administrative figure head. He manages lots of
money and lots of people. Operation of the Veazie Plant is not complicated and
does not require this level of managerial oversight. Bangor does, Veazie
doesn’t. Someone should remind Gary that he is a superintendent of a small
treatment plant. Do other similar DISTRICT SUPERINTENDENTS have contracts and
salaries this high? Through all of this I have still yet to hear anyone
at the District recognize that the treatment plant was once run with less people
back when they had more maintenance to perform. I still haven’t heard anyone
justify the salary level of the superintendent. I understand Gary and others
have called several wastewater treatment plants around the state to find out
salary and work task comparisons. From the folks I have spoken with that have
spoken with Gary and “others”, I am not sure the information they found was very
favorable to support and justify their case. If the Trustees are truly
interested in running an efficient plant, then we should start with the basics,
reduce the labor costs and pay reasonable salaries. This has been presented to
all of you over and over and it is clear, this is personal and you have all
ignored the facts, because guess what, you don’t seem to care about the rate
payers, you are more interested in keeping friends employed. From my past
dealings with your organization and how you handled and avoided my requests for
information, it is clear, the Trustees and Superintendent don’t want to let
facts get in the way of fiction and emotion. I am hopeful that the door
is going to slam on this gig that Gary and his cherry picked trustees have
created. I don’t think even this contract can protect the empire that has been
built, because quite honestly that is what is being attempted by Gary and
Esther. There is no logical reasonable explanation for this contract if the
Trustees truly are looking out for our best interest. Esther, I am
curious, are you going to pay the contract in full if there isn’t enough money
on hand to pay if Gary’s loses his job? I’d like to know if you are personally
liable because I can sure as heck tell you that if it comes to that, me and a
whole lot of other ratepayers aren’t going to be floating payments on a $300,000
loan to pay for Gary so that he can be, as I understand you said at the last
meeting, PROTECTED. Sincerely, Travis Noyes Reply
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No jealousy here!
The community of Veazie is a mess right now. Town Manager fired (contract not renewed), withdrawing from the RSU, sued by the code enforcement officer for wrongful termination (contract not renewed). They sure do like the drama…..everything in the newspapers and on TV. This sounds like nothing more than a proverbial witch hunt…….anything moving is fair game. Come on folks…..things like this tear a community apart…….and for no good reason
Yes, the town of Veazie is a mess right now. No, we do not like the drama and the reason for “everything in the newspapers and on TV” is to let the citizens of Veazie know what is going on in town as a lot has happened in the past behind closed doors and left many of us unaware of the shady dealings that have occured. And, yes, “things like this tear a community apart………and for no good reason.” However, it’s the people responsible for the back door/shady dealings that are tearing this town apart NOT those who are now involved and going public with the information. They are only doing so in an effort to INFORM the citizens of Veazie of the shenanigans going on behind our backs and, hopefully, get them involved so we can get the town back on track.
Thanks Mr Tomilson for sending out the email and bringing this into the spot light. The community needs to step up and pay attention! We are overpaying the entire staff at Veazie Sewer District which apprears to be over staffed yet we are facing lossing a teacher and several ed techs from our school. Come on folks let pay attention and cut the saleries from the sewer district and put it into education. How many overpaid people do we really need to have watching ours turds float in a pond anyway.
Sounds like you didn’t pay your sewer bill and they put a lien on your property for
your delinquent account. The District has to collect its receivables and when
people don’t pay the only way to collect their revenues in that case is by
lien…..if you don’t value your property….don’t pay your sewer bill……now
I’m wondering if this what this whole article is about……….probably a bunch
of residents after the Districts employees because they are being forced to pay
their sewer bills. I wonder how many delinquent accounts are on the books. This
would be a good question at the meeting tonight…….might shed some light on
this whole mess…….
The Contract that the trustee want to keep secret ~ I wonder why ? Free truck, free family health insurance, comp time at 1.5 for a salary position ~ sweet deal !!!!!
VEAZIE SEWER DISTRICT
34 HOBSON AVENUE VEAZIE, MAINE 04401 942-1536
Employment
Contract
This contract
between the Veazie Sewer District (VZSD), a Quasi-Municipality, and Gary Brooks
(Superintendent) for a period of three (3) years beginning January 1, 2012
through December 31, 2014.
This three-year contract to follow the current Veazie Sewer District Personal Policy and the current Veazie Sewer District Superintendent Job Description.
1. Compensation.
A. Superintendent
will be paid compensation during this Agreement as follows: A base salary of $74,500.00 (seventy-four thousand five hundred dollars) per year, payable in
installments according to the VZSD’s regular payroll scheduled. The base salary shall be
adjusted at the end of each year of employment at the discretion of the Trustees.
B. Where the Superintendent is on-call; the Superintendent will receive one and one half (1.1/2) pay in Comp. Time as described in the VZSD Personal Policy.
2. Term
and Termination.
A. The initial term of this Agreement will commence on January 1, 2012 and it shall continue in effect for a period of three years, or through December 31, 2014. Thereafter, the Agreement shall be renewed
upon the mutual agreement of the Trustees of VZSD and the Superintendent. This
Agreement and the Superintendent’s employment may be terminated at VZSD
Trustee’s discretion during the initial term, provided that VZSD shall pay to
the Superintendent an amount equal to payment at Superintendent’s base salary rate
for the remaining period on the initial term.
B. This Agreement and Superintendent’s employment may be terminated by VZSD at the
Trustee’s discretion at any time after the initial term.
C. This Agreement may be terminated anytime by the Supeintendent at the
Superintendent’s Discretion by providing at least thirty (30) days prior witten notice to the VZSD
Trustees. In the event of termination by the Supeintendent pursuant
to this subsection, the Trustees may immediately relive the Supeintendent of
all duties and immediately terminate this Agreement, provided that the Trustees
shall pay the Supeintendent at the then applicable base
salary rate to the termination date included in Supeintendent’s oiginal
termination notice.
D. In the event that either party does not want to enter into a successor Agreement
upon the expiration of this Agreement, the respective party shall give the other party a written notice at least thirty (30) days pior to the expiration of this Agreement. It
does not mean however; that failure to give the notice will be an automatic
renewal of this Agreement.
Page 1 of2
3. Dues
and Training.
A. Where the Superintendent must have a minimum
of eighteen (18) hours of training every two
(2) years to maintain a State of Maine Waste Water Treatment Plant Operator Certificate, the VZSD will budget and pay for said training programs and dues associated with
the position.
4. Benefits.
A. The Superintendent has a Deferred Compensation Retirement Agreement dated April 26, 1989,that shall continue and be followed as written.
B. As witten in the Supeintendent Job Desciption, the Supeintendent is on-call and allowed to take the VZSD vehicle home, allowed to plow the diveway and allowed to use the vehicle for other incidental use.
C. The VZSD shall provide and pay the monthly expense of a cell phone for the Supeintendent.
The cell phone number is on the VZSD answering machine for after-hour emergences.
D. Sick leave, vacation time, sick time buy back and holidays shall follow the VZSD Personnel Policy.
E. The VZSD shall pay for the group health and
dental family plan currently in effect for VZSD employees. The Supeintendent shall
receive life insurance equal to twice the annual salary.
There are more facts to this entire circus between the sewer district and the town council. I am sure you may have heard or been a part of this. There are facts being withheld from many people and it is a wonderful thing when the town starts to react because the have been wronged by the people they voted to represent them.
There is not even the slightest suggestion of impropriety or mismanagement in the Rob Tomilson case “against” District Superintendent Brooks. It is purely a discussion of salary and benefits with Tomlinson’s opinion of what is the right amount. This is a fine discussion to have. But let’s not make things out to be some sort of dark cloud, conspiracy, or “mess.” As a homeowner in Veazie, my view of what we have in our Sewer District is a well-run system that does what it should do every day without fail. The employees are extremely hard working and very skilled. The district is in excellent financial shape due to the fine work the current staff does in billing and collections–making the pay level well worth what the District gets in return.
The old adage “You get what you pay for”. Call the environmental agencies and check Brook’s record………bet its clean. If he gets ousted he won’t be outta work long. Hope he gets on the District’s Board of Trustees…….
Me thninks this article needs to be pasted on all the environemental and wastewater operator bulletin boards / blogs out there. No one in their right mind would work for this District after a trustee has unleashed something like this……..what a circus
maybe waterisfree would like to identify him/herself and thier connection to the board, if any, as the people trying to inform the ratepayers have. bet you won’t. And water in VZ is not free!