Dear Colleagues, It has come to my attention that this will be in the news, so you may as well

hear it from me. On Saturday evening, I read that a group from town meeting would appear on
WMUA Focus and I got worried because one of them is a Party in Interest in an article before
town meeting, and could be perceived as using state property for personal financial gain if they
went on the radio. This is a big no-no.
To get their attention, on Sunday I dropped off a little letter called "Cease & Desist", so they
could at least think about what they were doing. While town meeting members are immune from
state ethics laws for conflict of interest for personal financial gain, using state property for
personal financial gain is a very, very bad idea.
This morning, I sent the following letter to the Chancellor explaining what happened. This is a
public document, anyone can get it, so here's a copy. As uncomfortable as they may have felt, I
felt I didn't have a choice; someone could have gotten really hurt, like gone to jail. Friends don't
let friends do stuff that could get them in jail :-))
Thanks, Kevin
---------------------------------------------------May 05, 2015

Kevin Collins
409 Main St Ste 19
Amherst, MA 01002

Dr. Kumble R. Subbaswamy

Office of the Chancellor
UMass Amherst
374 Whitmore Building
Amherst MA 01003


RE: Use of state property for personal financial gain by Members of Amherst Town Meeting at
WMUA on May 2, 2015

Dear Chancellor Subbaswamy:

On Sunday morning May 2, at 9:30 AM, I went to WMUA radio in the Campus Center to deliver
a letter called Cease & Desist to the Licensee and participants. A group of four speakers from
Amherst Town Meeting was due to appear on the WMUA Focus show at noon for a
presentation about zoning articles before Town Meeting. It was billed as educational, but none of
the speakers has any training or expertise in zoning and are simply known as avid opponents to
zoning change in Amherst, over many years. One of the speakers, though, has a financial interest,
and, when I heard about her appearance, I became concerned about the use of state property for
personal gain and I went to the station to inform the Licensee and participants of my concern. No
one wants their friends to get in trouble.

When I got to the station, the volunteers working at the station refused to sign for receipt. I then
went to UMass Police Station for advice and the Supervisor informed me that he is not permitted
to accept such letters. I was, however, able to determine that the letter should be delivered to the
Licensee of the station, Dan Ferrara, and the University Attorney. I went back the station and left
the letter there for Licensee & University Attorney, per the Supervisors advice. The next day,
first thing, I sent a copy to your office and to the Licensee at the station by Certified Mail.

The reason is one of the speakers, Claudia Brown, is an abutter to an article before Town
Meeting who has a financial interest in the proceeding. Under Zoning law, MGL 40A, she is
considered a Party in Interest. Normally, under state ethics law, an elected official would have to
announce their conflict of interest, recuse themselves, and leave the room in order to avoid the

appearance of undue influence for personal financial gain.

However, according to the Town Attorney, Members of Town Meeting are immune to state
ethics laws regarding conflict of interest for personal financial gain. And the Moderator of Town
Meeting, under procedural law, states that he is prohibited from mentioning a conflict of interest
to a Member. Thus, Members of Town Meeting have free license to exert undue influence on
matters before Town Meeting, for personal financial gain.

While Members of Town Meeting may be immune to state ethics laws for conflict of interest, in
my experience no citizen of the Commonwealth is entitled to use state property for personal
financial gain. My purpose was not to stop the broadcast, but merely to inform the Licensee and
Members of the possible illegality of using state property. It was up to them if they chose to
continue, having been so informed.

I did not listen to the broadcast and I cannot say that any misdeed was committed. I am only
writing to inform you of this incident, namely the scheduled appearance of someone who has a
financial interest in a zoning article before the town on WMUA radio, using state property for
personal financial gain.

Thank you for your effort and hard work making Amherst a great place to live and work. As an
Amherst resident since 1963, who has seen many Chancellors, I would like to say that attention
to matters affecting vitality of the town and region are your highest priority, to guarantee the
future of the University. In my experience, your greatest asset in getting the best people in the
world to come to UMass is the Town of Amherst, as a wonderful place to raise their children.

Sincerely,

Kevin Collins

Cc: Office of Attorney General Maura Healey, Springfield

John Musante, Town Manager

#####

May 01, 2015

Kevin Collins
409 Main St #19
Amherst, MA 01002
WMUARadio
University of Massachusetts Amherst
Amherst, MA 01003

Copy
RE: CEASE AND DESIST LETTER - Focus show, May 2
Dear Friends:
It has come to my attention that, on May 2, WMUA will host a group of Amherst Town
Meeting Members to discuss Zoning Articles 21, 22, 23 and 24, which are now before
Town Meeting. I do hereby demand that you cease and desist from this illegal broadcast
of
Members of Amherst Town Meeting who have a Conflict of Interest under the laws of
the
Commonwealth who plan to use state property for personal gain.
It has come to my attention that one of your participants, Claudia Brown, is an abutter to
the property named in ARTICLE 23. Zoning Petition - Butterfield Terrace Rezoning
(Alpert et al). As such, as an elected official she is required by law to state her conflict of

interest, recuse herself, and leave the room so as not to give the impression of undue
influence. As an abutter, they stand to make personal gain by unduely influencing this
matter before the Amherst Town Meeting.
By presenting this broadcast, WMUA is in violation of state laws regarding use of state
property for personal gain and I will have to report this to the Attorney General of
Massachusetts, as well as to the Chancellor for action against your Board.
I appreciate that you are volunteers and depend on your guests to be forthcoming. As a
new Member of Amherst Town Meeting, I apologize for my colleagues behavior and I
regret that I must take this action.
Thank you for your effort and hard work, making Amherst such a great place to live.
Sincerely,

/~

Kevin Collins
Precinct 5