The Supreme Court shifts and businesses suffer

For more than 25 years, Internet businesses in the United States have enjoyed a big break: If a customer in another state buys something online, the company doesn’t need to collect state sales tax or file taxes in that state unless they have operations in that state such as a warehouse or branch office.

That is about to change, thanks to the recent South Dakota v. Wayfair ruling from the Supreme Court. This essay by a tax expert explains the situation and the impact pretty clearly. I draw your attention to the concluding paragraph (note: nexus is the ability of a state to require businesses to be responsible for taxes):

Many states have enacted economic nexus rules for income taxes that create a filing responsibility based on the amount of sales in a state. These amounts have generally been set at $500,000 and above. Now, states may seek to lower those thresholds to impact more sellers, and states that have not sought income tax nexus may move forward with new legislation.

I own a small business and use the Internet to sell goods to customers all over the country. The Supreme Court ruling is going to be a big headache. I don’t have a problem with paying taxes, but I do have a problem with dealing with 50+ entities (including states and territories) that have different filing requirements that will likely entail a lot of red tape. I don’t have a full-time accountant or staff that can deal with this stuff, so it falls on me to implement systems and processes to handle state taxes outside of Massachusetts.

I blogged my thoughts on this topic in As a small business owner, this is what I fear post-South Dakota vs. Wayfair, but the end result may mean not selling to customers in states whose red tape is too much of a pain … which hands even more power to big Internet businesses like Amazon.

Newton Mayor Setti Warren’s dangerous Planning Department report

The following ~725-word essay about a Planning Department report sponsored by the office of Newton Mayor Setti Warren was originally submitted to the Newton Tab as an op-ed column. The Tab asked that it be shortened to a 400-word letter, which appeared in the printed paper earlier this week. Here is the original column. You are welcome to leave comments below.

Newton Mayor Setti Warren Planning Department ReportLast month, the city released the “Management and Organizational Analysis” of Newton’s Planning Department. The report was commissioned by the Mayor’s Office and co-authored by Sasaki Associates, the same consultancy that helped organize a housing strategy workshop last November that had residents and developers placing LEGO blocks on a map to indicate where they preferred high-density housing to be built. The LEGO exercise was rightly called out as a fait accompli and dismissed by many councilors and residents. Similarly, I would like to call out the new Planning Department report as a flawed document whose recommendations threaten to undermine our elected representatives while giving Mayor Warren’s administration—and its successors—unfettered control over special permits and related processes.

The Planning Department report purports to provide a “clear and honest” accounting of the problems facing the department. While it presents a list of legitimate concerns (e.g., a lack of documented processes, project management inefficiencies, high turnover, no long-term IT plan, etc.) it proceeds to assign much of the blame to a group of stakeholders who happen to represent Newton’s citizens—the City Council. The report basically throws Councilors under the bus, blaming them for being too numerous, taking up too much staff time, and generally getting in the way of the special permitting process.

The report states, “The City should strongly consider removing the special permit granting authority from the City Council and placing it with an independent, less political body comprised of knowledgeable professionals, citizens, and business owners.” Practically speaking, this would mean that if a special permit were required for a large condo development or a new commercial project that exceeds the zoning limits of the parcel, our elected representatives would have no say in the matter. Instead, the approval would be up to city staff as well as unelected appointees who represent the interests of commercial developers, not citizens.

This and other oversight recommendations in the report are dangerous and unwarranted. I think many others will agree. The recommendations, if implemented, remove an important channel for residents and their elected representatives to influence specific proposals. As citizens and taxpayers, we have a right to be heard, which includes appealing to our councilors to ask hard questions and request changes that the Mayor, developers, and other parties would rather ignore. You may like the mayor’s development plans, or you may object to them, but regardless more citizen input is needed to guide development going forward, not less. Elected representatives play a critical role in bringing neighborhood concerns in front of the staff responsible for implementing housing policies.

The Planning Department report also points to a problem with a “lack of leadership.”  However, the report confines the leadership problems to the department. It goes no higher than that. It fails to mention the Mayor even once, despite the fact he has led the city government since January 2010 and could have addressed legitimate concerns with the Planning Department’s organization, turnover, technology, and processes years ago.

So, why is this report coming out now, instead of during Mayor Warren’s first term? In my opinion, it’s because the Mayor needs to overcome local opposition to his new development vision, and he needs to do it soon. As reported in the Tab, the Mayor and developers hope to build thousands of new housing units across the city and transform the villages into small urban centers. We have seen the responses in the pages of this paper, in letters from residents who say they won’t be able to afford “market rate” apartments and condos in the new developments, as well as those who object to the scale of the giant buildings and the impact of large-scale development upon Newtonville, Newton Center, West Newton, Oak Hill, Auburndale, and other neighborhoods. This strong grassroots opposition suggests that developers won’t be able to build thousands of units of new housing and commercial space unless Mayor Warren and his administration are given free rein over zoning, permitting, and other development approvals. Removing elected councilors from the picture is crucial to achieving the Mayor’s goals.

In summary, I believe the new Planning Department report was created to justify changes that would reduce the power of councilors and make it easier for the current Mayor—and future mayors—to force their strategic visions for development upon the citizens of Newton with limited oversight. It’s unfair, unwarranted, and undemocratic.

Spotlight: More abuse at Fessenden and other schools. But why no official investigation?

Boston Globe Spotlight report Fessenden School Newton Massachusetts

The Boston Globe Spotlight team — the same group of investigative journalists who opened up the decades of abuse and coverups involving the Catholic Church — published a story in this morning’s Boston Sunday Globe that details the horrors and sickness that pervaded the Fessenden School in West Newton as well as many other prep schools across New England.

The response from the prep schools was not surprising: Only 10% responded to a Globe survey about their experiences handling reports of sexual abuse. The schools clearly want this story to go away. They don’t want to deal with the negative publicity, the lawsuits, or the questions about policies relating to screening teachers, reporting abuse to authorities, or helping former students who have been victimized.

Readers of this blog know that 5 years ago the Fessenden school admitted a pattern of “inappropriate sexual behavior” involving faculty and staff that started in the 1960s and extended right through to the 2000s. The 2011 letter named one faculty member, Arthur Clarridge, who along with another named James Dallmann, were arrested in 1977 for crimes against children that took place outside of campus, and suggested that Clarridge may have abused a student. No other names of abusers were revealed in the 2011 letter by current headmaster David Stettler. The comments at the end of my 2011 blog post detailed not only names, but claims that inappropriate sexual behavior took place over a much longer period of time (one former student indicated it started as early as the 1940s) and involved many more staff and faculty members.

Several victims of the abuse at Fessy were brave enough to step forward and tell the painful and explicit details of the sexual assaults. The Spotlight article added two more faculty names to the roster:

Of the 17 total alleged [Fessenden] victims, four settled claims, nine continue to pursue them, and four filed no claims, according to a school spokesman. The accused former employees include assistant headmaster Arthur Clarridge, teachers James Dallmann and Claude Hasbrouck, and school psychologist Mickey Clampit.

Clarridge made no secret of his preferences. This is the update he sent his Harvard classmates sometime in the 1960s or 1970s, when he was at Fessenden:

Fessenden assistant headmaster arthur clarridge harvard class report

The Globe Spotlight report included one former student’s descriptions of Hasbrouck’s Nazi paraphernalia and sexual abuse. Hasbrouck died in 1997.

As for Clampit:

Two other former Fessenden students told the Globe that Clampit abused them, too. One, who said Clampit fondled him at school and on a trip to Arkansas and Mexico, sent the school a letter demanding compensation for the abuse through attorney Mitchell Garabedian in 2015. The other man, who settled a claim against Fessenden in the 1990s, said Clampit was among four people there who abused him.

Clampit, who left Fessenden in 1976 and whose license to practice psychology in Massachusetts expired in 1996, could not be reached for comment at any of his known addresses or through his family. But his niece, Michelle Clampit of Los Angeles, said she never heard such accusations about him and was puzzled why they were surfacing now.

Note that Clampit was responsible for screening incoming students in private and counseling existing students if they reported abuse or other problems. Think about that for a moment. Fessenden’s gatekeeper and guidance counselor — the trusted adult a confused or abused student might turn to after encountering Clarridge, Dallmann, or Hasbrouck — was himself a child predator, according to several former students.

I would like to add a correction here to the Spotlight Team: Clampit did not leave in 1976. He was still at the school in the early 1980s. I know this because he screened me in 1979 or 1980 at his office in one of the upper-story dormers in the administration building and one of the commenters on the other blog post who worked at Fessenden from 1979 to 1986 said she and her colleagues knew of Clampit his behavior:

Does anyone out there remember Mr. Mickey Clampitt? He was the school psychologist/test administrator, and lived in an apartment on campus next to the “learning center.” He would hand out “creepie crawlies” (!) , little plastic bugs, to boys and would proceed to “tickle” the boys with them. The boys would squirm and giggle as Mickey, obviously enjoying the whole affair, held the boys close to his body. Well, you get the picture. Not exactly rape, but clearly NOT OK., and possibly the tip of the proverbial iceberg…as is obvious from reading this blog.

The 2016 Fessenden Letter

Just before the Spotlight article came out, Stettler sent another letter to alumni, dated May 5, 2016 (see below). Like the 2011 letter, it was timed to blunt the shock of the negative news coming from the media (although the headmaster claims in his latest letter that the 2011 information was “proactively shared”). The 2016 letter says “the School has received reports of sexual abuse involving at least 16 former students and one non-student by at least 5 individuals who were members of our community.”

Note that the 2016 Fessenden letter acknowledges “at least” 5 individuals, but the Spotlight report only names 4. Who is that fifth person? [see update, below]

The letter goes on to say that instances of abuse were reported to the school’s administration in the 1960s and 1970s but the school “according to these alumni, failed to take appropriate action.”

The school’s latest response? A symbolic one. “The school has removed the name of Robert F. Coffin, headmaster from 1967 to 1980, from the Fessenden ice rink,” Stettler wrote.

If you’re shaking your head in disbelief, I don’t blame you. Fessenden’s headmaster has tacitly admitted there was a nest of pedophiles at the school, and the school’s response is to remove a long-dead headmaster’s name from the hockey rink.

It’s absolutely pathetic and infuriating.

Why hasn’t Fessenden been investigated?

As you digest this information, there are several important facts to keep in mind:

  • Not one Fessenden faculty member or staffer has ever been charged with abuse of a Fessenden student.
  • Not one Fessenden administrator or trustee — from the 1960s to the current timeframe — has been fined or charged for failing to notify local or state authorities of abuse, as required by law.
  • Because the people who reportedly committed abuse against Fessenden students were never charged with a crime, they were potentially able to move on to other schools or professions or neighborhoods and commit more vile acts against other innocent children.

I raised this question in my original blog post in 2011, and I will raise it again here:

Why hasn’t Fessenden reported incidents involving sexual abuse or assault of children to the police and DAs office, not just to satisfy the minimum “required documentation” rules, but to help authorities prosecute anyone who has broken the law?

I welcome your comments below.

A note about comments: Under Section 230 of the Communications Decency Act, the author of this blog and the hosting service are not liable for comments left by readers. Per the Digital Media Law Project, “Immunity covers defamation and privacy claims, as well as negligence and other tort claims associated with publication.”

May 28, 2021 Update: The 2016 Fessenden letter to alumni and parents from former Fessenden headmaster David Stettler referenced “five individuals who were members of our community” who were associated with reported sexual abuse of students in the 1960s and 1970s. The Globe Spotlight report named four of them – Clarridge, Dallmann, Hasbrouck, and Clampit. It’s not clear who the fifth person was, but a March 9, 2017 article in the Berkshire Record, “Berkshire School counselor accused of past sexual abuse” (archive) notes that a Fessenden alumnus had accused former Fessenden faculty member Dary Dunham of sexual abuse in the early 1970s:

A former student of Dary Dunham’s, a current faculty member at the Berkshire School, has come forward with allegations that Dunham sexually abused him back in 1971.

The abuse is alleged to have taken place at the Fessenden School in West Newton, where Dunham was a teacher and coach, while the student-victim [redacted] was just 14.

Dunham resigned from the Berkshire School after these allegations went public. However, after working at Fessenden, and prior to working at the Berkshire School, Dunham was also employed as headmaster of Indian Mountain School in the 1990s and early 2000s. According to Connecticut investigators, Dunham impeded a separate investigation into sexual abuse of students at Indian Mountain School in the 1970s and 1980s. The report in the July 22, 1995 Hartford Courant (archive) makes Indian Mountain sound very much like the environment at Fessenden, where teachers were able to groom and abuse young victims, and administrators actively worked to keep investigators away from campus.

Note that Dunham was also headmaster at Indian Mountain when the school hired a teacher named Robert Stephen Phillips, Jr., who worked at prep schools and youth groups across the country. According to Cheshire Academy in Cheshire, Connecticut, and Derby Academy, in Hingham, Massachusetts, Phillips engaged in “sexual misconduct” of students while employed at both schools. He has never been charged with any crime, and as recently as 2019 was still working with children, according to a former victim who has documented Steve Phillips’ career.

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Fessenden’s 2016 letter:
Fessenden letter from headmaster David Stettler, p1

Fessenden letter from headmaster David Stettler, p2