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ON VETERAN’S DAY, MAYOR OF PITTSFIELD ACCUSED OF CORRUPTION IN NEW CHARGES FILED WITH STATE

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By DAN VALENTI

PLANET VALENTI News and Commentary

(FORTRESS OF SOLITUDE, TUESDAY, NOV. 11, 2014) — First off, a salute to all veterans on this Armistice Day. THE PLANET shall not mention at cliched’ length the debt we owe to those who served. Suffice it to say that the men and women of the armed forces sacrificed so that “government of the people, by the people, and for the people should not perish from the earth.”

We thank you. We honor you. We love you.

It’s unfortunate that in his actions stifling open government, transparency, decency in representation, the current mayor of Pittsfield has loogied all over Lincoln‘s great words.

The hits keep coming for the worst mayor in city history as share this news from the Berkshire Environmental Action Team (BEAT):

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MASS MAYOR HIT WITH ETHICS COMPLAINT OVER PIPELINE TIES

Berkshire Environmental Action Team (BEAT) has filed a complaint with the Massachusetts State Ethics Commission Enforcement Division against Pittsfield Mayor Daniel L. Bianchi (D-Pittsfield) for conflict of interest and violations of state ethics law in his handling of the Kinder Morgan Northeast Energy Direct Project. [The allegations were filed yesterday with Kelly Downes, head of the State Ethics Commission’s Enforcement Division]

Bianchi has 30 years in the energy industry including his employment as a Manager for Global Montello Corporation immediately prior to becoming Mayor of Pittsfield, Massachusetts in 2012.

Bianchi left his position as Manager but has remained an employee of Global Montello Corporation while serving as Mayor of Pittsfield. Critics point out that the Mayor has maintained an office for his work with Global Montello, only one minute’s walk from City Hall, for most of his administration.

Bianchi has refused to discuss his continuing relationship within Global Montello, despite persistent questions from members of the Pittsfield City Council, local media, and the general public, and is the only elected official in Berkshire County to come out in favor of the controversial Tennessee Gas Pipeline extension.

The complaint asserts that Bianchi violated sections of Massachusetts law which call on any public official “who in the discharge of his official duties would be required knowingly to take an action which would substantially affect such official’s financial interests” to “file a written description of the required action and the potential conflict of interest with the state ethics commission”.

The complaint alleges that Bianchi violated legal provisions preventing municipal employees from being able to “directly or indirectly receive or request compensation from anyone other than the city or town or municipal agency in relation to any particular matter in which the same city or town is a party or hasa direct and substantial interest” and from being allowed to act “as agent . . . for anyone in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest”.

The complaint charges that Bianchi failed to observe provisions of the law which forbid municipal employees to “accept other employment involving compensation of substantial value, the responsibilities of which are inherently incompatible with the responsibilities of his public office” or to “act in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person”.

The complaint also calls for an investigation into Bianchi’s relationship and compensation with Global Montello and communications between Global Montello and Bianchi as well as communications between Kinder Morgan and Bianchi.

The complaint notes that Bianchi continues to be listed as an employee and a contact on both the website of Global Montello’s parent company, Global Partners LLC, and the website of the Berkshire Gas Company.

The complaint provides documentary evidence to substantiate the longstanding business and contractual relationship between Kinder Morgan / Tennessee Gas Pipeline and the Global Montello Corporation. This supporting evidence includes both a System License Agreement between Tennessee Gas Pipeline Company and Global Montello Group Corp. and the e-mail addresses of the Kinder Morgan team handling the Global Montello account.

The proposed extension features 127 miles of pipeline construction on 2,000 acres of Masschusetts land. It would cross 85 acres of wetlands, including the Lenox, Massachusetts watershed; 118 bodies of water, including the Housatonic River; 1,139 acres of forest; 118 acres of farmland, 30 acres of federal land; 107 acres of state forest or parkland; 52 acres of wildlife management land; and 357 acres of land containing threatened or endangered species. It would impact 144 private properties located within 50 feet of construction, cross the Appalachian Trail, and affect seven acres of recreational sites.

Opponents maintain that construction of the pipeline is not necessary because shortfalls can be remedied by a program of increased energy efficiency, conservation, and maintenance of the existing delivery system. They argue that

the pipeline will not provide benefits locally; will slow progress toward renewable energy programs; and will contribute to environmental damage and climate change.

Jane Winn, Executive Director of the Berkshire Environmental Action Team noted, “The Mayor needs to recuse himself from saying anything further on this subject given that he has worked for, and apparently still works for, a company that stands to profit from this pipeline at the expense of everyone else in the Berkshires.”.

Winn continued, “We need to be thinking about our Beautiful Berkshire Brand as a naturally clean, creative, and critter-filled place that should not be marred by the biggest gas infrastructure project we have ever seen. We want to be viewed as a pristine, protected, place of beauty. A pipeline perverts that image. If you want to change our demographics to have more young people living and raising their families here, you need to appeal to them. Just supporting the good ol’ boy network and their big business allies won’t work. That’s what the Mayor and his allies have been doing since GE left. It is time for a clean, progressive change. Keep the Berkshires Beautiful!”.

Michael Muadin, Advocate of the Berkshire Environmental Action Team, observed, “Global Montello has been doing business with TGP since at least 2007. Mayor Bianchi served as a Global Montello manager at that time. If he didn’t know who his company was doing business with he was a bad manager. If he did know who his company was (and is) doing business with he is a bad mayor and a corrupt politician.”.

Muadin stated, “Mayor Bianchi remains in bed with the energy industry that is trying to force this pipeline on our people and our land. He needs to immediately recuse himself from any formal executive action related to this pipeline. He needs to immediately and publicly disclose the exact nature of his relationship with Global Montello and whether or not any communications concerning the pipeline, verbal or written, have passed between himself and Global Montello. He needs to disclose any compensation he is receiving from Global Montello and any other consideration, including stocks and stock options, that he may hold with the company.”

Muadin concluded, “The facts speak for themselves. The conflict of interest has already made itself felt and the ethics violations occurred when Mayor Bianchi stood before the City Council and the City of Pittsfield and argued in support of this pipeline. Only the public questioning, the media inquiry, and the formal investigation are needed.”

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This action speaks for itself. We have invited comment from the mayor.

THE PLANET, along with We The People and BEAT, demand that this mayor, immediately:

1. Discuss in a public press conference his relationship with Global Montello.

2. This includes his compensation since becoming mayor of Pittsfield.

3. Immediately disavow his previous public support for the pipeline.

4. Immediately recuse himself from further comment or involvement, formal or otherwise, in the pipeline.

5. Immediately release all communications to any party regarding the pipeline since he has been mayor of Pittsfield.

6. Reveal total compensation package from Global Montello, from taking mayoral office to present.

7. Formally apologize to the citizens of Pittsfield.

Short of taking these seven steps, THE PLANET advises concerned citizens of Pittsfield to join in a recall effort against the mayor.

There are concerned citizens who have expressed interest in forming, directing, and administering a recall effort. With little prompting, they will be ready to spring into action. THE PLANET asks you: Will you be will to support this effort with your time, talent, and-or treasure? Say so here or privately, via e-mail, to THE PLANET, care of this website or directly to danvalenti@verizon.net.

The city you save could be your own.

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“How much is that doggie in the window? The one with the waggily tail. How much is that doggie in the window. I do hope that doggy’s for sale.” — Patti Page, “How Much is That Doggie in the Window?” (1953).

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.

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poorboy
poorboy
9 years ago

Dan,

Just wondering if the State launches an investigation and does indeed find Mayor Bianchi in violation of ethical conduct, what action do they take?

Do they remove him as mayor without pay?
Do they fine him?
Prison time?

Are his employment records with Global Montello a matter of public record being that he serves as Mayor?

It does seem like a huge conflict of interest for an energy company who stands to make great profits from this pipeline to have the Mayor in their back pocket in favor of this. I wonder how much they do pay him? Maybe an ethics investigation examining his financial records will reveal much much more?

Ron Kitterman
Ron Kitterman
9 years ago

Looks like it’s time for TES to take a page from Chris Christie’s playbook ” ‘Sit down and shut up.”

spagirl
spagirl
Reply to  Ron Kitterman
9 years ago

Mayor Bianchi definitely needs a come uppance. Arrogant, and Corrupt. He needs to be put out of Commission.

Johnny2Shoes
Johnny2Shoes
Reply to  Ron Kitterman
9 years ago

Ron,

Actually Chris Christie took that page from our mayor. Our mayor has been using that statement for sometime now and used it on a few people who were unlucky to have been in his audience in his office.

amandaWell
amandaWell
9 years ago

Can a sitting Councilor do a recall petition?… and if so, why doesn’t Councilor Clairmont, for instance, look into it. Reason for: Nothing is getting done for the tax paying Citizens, while the inept TES continues to run roughshod with negative performance.

Bill Sturgeon
Bill Sturgeon
9 years ago

I THOUGHT THAT “U” SHOULD KNOW!
The Veterans Day Parade will leave the Pittsfield City Hall at 10:00 and proceed South on North Street toward the Peace Memorial on Veterans Way! I hope that I see you there!!

knows the truth
knows the truth
9 years ago

Doolittle Degnan will analyze the issue and will formally issue a statement. Or Mel ‘missing’ Mazz will be sure nobody talks at open mic tomorrow as the sign up sheet will magically disappear….Someone from the CC other than Barry grow a set…..
Hey Melissa: How’s the consent decree doing? Yeah that one mysterious phone call from Harvard took care of it…..

Kathy Lloyd
Kathy Lloyd
9 years ago

So I looked into what a recall would take, the mayor’s behaviour is really off the wall as of late and I found his comments at the council meeting last week -unprofessional- to say the least. I don’t think a recall is necessarily in order right now. I don’t know that he has done anything illegal and a recall on a mayor should have a bases of more than we just don’t like him anymore (I voted for him.)

Here’s the jist of what I found loosely I am not a lawyer:

A petition submitted with 50 signatures (signatures signifies registered pittsfield voters) must be submitted to the clerks office, from there the petitioners have 28 days to collect 20% of the registered Pittsfield voters signatures -counting duplicates, snafus, and other crazy stuff a round estimate would need to be about 7000 sigs.

When the sigs are verified the clerk has 28 days to call a special election which can be scheduled up to 90 (?) days from then.

Even if someone started this process right now, we’re looking at an April-ish special election at the cost of thousands of dollars only to have a mayoral election again in November.

It doesn’t make sense to me, I’m not sure his “crimes” really deserve a recall, it doesn’t make fiscal sense, and I’m also not sure that he wouldn’t win the special election.

What do you think?

Fubar
Fubar
Reply to  Kathy Lloyd
9 years ago

Kathy, thank you for that info. Getting 7000 sigs is a steep uphill battle so a recall election seems unlikely.

Wilson
Wilson
Reply to  Kathy Lloyd
9 years ago

The city has money pouring out in all directions, the cost of an extra election is a droplet, though the population has little ambition left in them, Bianchi could drop dead (due to overworking himself for the city “seven days a week and 24 hours a day”) and still be reelected if his name was on the ballot.

Charles Kronick Berkshire
Charles Kronick Berkshire
Reply to  Kathy Lloyd
9 years ago

Why talk about recalls when no one is considering running for the office?

Linda
Linda
9 years ago

The basis of a recall the way I read it is how well he performed his duties as stated in his oath of office. He has n-o-t does his best to uphold the law. I would support a recall and be part of the team.

Jonathan Melle
Jonathan Melle
9 years ago

Dan Bianchi is a double dipper! He is an account manager with Global Montello, and he is Mayor of Pittsfield. Dan Bianchi should pick one and resign from the other job.

J.B. Hunt
J.B. Hunt
Reply to  Jonathan Melle
9 years ago

He has to be Mayor to be of any use to Global Montello. A well placed well paid stooge.

This is going to get interesting for sure.

The Mayor must have thought no one would ever catch on.
Time to plead the 5th and start shredding documents yet?
Time for Melissa to separate herself from the Mayor yet, so she doesn’t crash and burn with him?
Will he use his personal lawyer Degnan to help bail him out of this? Is she even smart enough to have a clue? Or will the Mayor resort to enlisting some real lawyers at taxpayer expense?

MrG1188
MrG1188
9 years ago

Those interested should check out the Global web site: http://www.globalp.com/page.cfm?pageID=29 especially interesting is the compressed natural gas section of the site, which discusses their goals for selling their products to, among others, municipalities, as well as the Global Montello division’s capacity for working with Public bids from municipalities. http://www.globalp.com/products/product.cfm?productID=39
If it walks like a duck, and it quacks like a duck it sure would seem to have the appearance of a duck whether it actually is or not. Now for all the non-metaphorical, substitute the words “conflict of interest” for duck.

amandaWell
amandaWell
9 years ago

If someone did a recall, particularly a Councilor, the seven thousand signatures should be no problem. Taxpayers are fed up!

Fubar
Fubar
Reply to  amandaWell
9 years ago

You’d get a few hundred who peruse this website, but beyond that though, alot of the public is too out of touch with politics, and the special interests still support Bianchi because he is working for them afterall. So where would the other 6,500 sigs come from?
I’d support a recall, but I am a realist also.

Gene
Gene
Reply to  Fubar
9 years ago

A recall effort could succeed. You run it the way you would a campaign. Signs, door-to-door, ads, speaking events, and canvassers in all 14 precincts. It could be done.

B
B
9 years ago

I would support a recall on the mayor, it is so overdue.

dusty
dusty
9 years ago

Would this be a weighted vote?

I do wonder if there are 7000 people in this city who even know who the mayor is. That is how bad the apathy is.
But there are probably 30 votes at city hall alone and
I think I can get 20 friends and family to vote.

And I question the 7000 figure. There can’t be 35,000 voters in this city.

Kathy Lloyd
Kathy Lloyd
Reply to  dusty
9 years ago

The 7000 figure is a huge overestimate, because all signatures must be verified. So 20 people out gathering signatures over a two week period are going to have a percentage of sigs thrown out. People think they’re registered but aren’t, double signatures, the hundreds of “C. Moore-Butts” sigs… you get the picture. The verified number must be 20% of registered Pittsfield voters.

billy
billy
Reply to  dusty
9 years ago

I think there is 24000 registered voters

Nemo
Nemo
9 years ago

Well said Jonathan – our mayor should resign from one of his jobs as you suggest. I hope he decides to resign from the City!

joetaxpayer
joetaxpayer
9 years ago

Mayor Dan is a poster child for only giving a Mayor a 2 year term. Someone should look into amending the new city charter. Cannot take 4 years of another bait and switch Mayor.

dusty
dusty
9 years ago

If we could get the Berkshire Eagle behind this recall it would sure be a big help. They could really get the word out as well as all the reasons why we need to do it. Over the course of the process the Eagle could reinvent itself, and grow their readership by leaps and bounds. Win win as they say. Do they have the courage? Or do they want to just lie down and die as tea leaf readers suggest is happening.

Ed Shepardson
Ed Shepardson
Reply to  dusty
9 years ago

And you all would have to crawl out from under your rocks and give your real names to make a recall happen. Ain’t gonna happen.

Charles Kronick Berkshire
Charles Kronick Berkshire
Reply to  Ed Shepardson
9 years ago

Twenty commentators, not all living in the Berkshires, does not constitute a recall movement. And to push the argument to the public, wouldn’t they have to find a crime or breach of ethics? Buses and budgets are usually handled by regular elections.

Maybe BEAT will float a candidate next time.

Charles Kronick Berkshire
Charles Kronick Berkshire
Reply to  Ed Shepardson
9 years ago

20 commentators, several not living in Berkshire County, don’t make a movement, Ed.

I bet you a buck BEAT will step up to the plate and float a candidate in the next election.

Charles Kronick Berkshire
Charles Kronick Berkshire
Reply to  Charles Kronick Berkshire
9 years ago

(browser hang up gave two posts. I’ll bet anyone a buck BEAT does float a candidate, $5 they don’t even send anyone to the polls.)

amandaWell
amandaWell
9 years ago

Realism, really? What is not real about Tes failed tenure as Mayor. joe t tells is correctly.bait and switch. The Tes tenure is all about TEs,period. What is problematic is nothing was brought up before the eldest ion about holding two jobs, or was it. Tes must go, and LOw not far behind.

Scott
Scott
Reply to  amandaWell
9 years ago

Amanda are you in my ward? I’ll vote for you and even walk around to get signatures. Let’s get LOw out!

Gatos
Gatos
9 years ago

A recall seems pretty far-fetched to me, and of limited value.
The main thing to concentrate on now is to find capable, competent people to run for mayor next year. Now is the time to decide!

Charles Kronick Berkshire
Charles Kronick Berkshire
9 years ago

My reading of the Ethics law does not strongly support a complaint, but I’m confident a lawyer with a happy retainer will try to make the argument. At issue is the definition of “financial interest” which requires a strong – not hypothetical – concrete consideration in play with Bianchi’s association with G.M. They Mayor claims he has no influence and there is no benefit to his relationship to G.M. in his public words regarding the pipeline.

If Bianchi were to lobby the State, the BEAT complaint could have some wind. Speaking of wind, where were they when Patrick plastered the Beautiful Berkshires with industrial turbines which wrecked thousands of acres of green land and threaten raptors and bat populations? I’m not liking the look and feel of ‘Green Energy.’

Scott
Scott
Reply to  Charles Kronick Berkshire
9 years ago

Charles you’re a smart guy. I always respect your opinions even when I dont agree with them. I dont know where I stand on this yet but some interesting stuff is going on. I think I’ll stick around awhile if for nothing else the sheer entertainment value. 😉

Charles Kronick Berkshire
Charles Kronick Berkshire
Reply to  Scott
9 years ago

Thank you, Scott. But what gets me about the BEAT complaint is how flimsy and ill-prepared it sounds. It doesn’t even make allegations that move the question of benefits/interest from far-fetched to plausible.

I wonder how many lawyers they blew through to find one willing to write this stuff.