TWO TULLY PETITIONS SEEK (1) FINANCIAL TRANSPARENCY, (2) LAMPIASI’S REMOVAL FROM LICENSING BOARD
BY DAN VALENTI
PLANET VALENTI NEWS AND COMMENT
(FORTRESS OF SOLITUDE LU, LABOR DAY SEPT. 7, 2020) — When a citizen submitted a petition wanting Ward 4 councilor Chris Connell removed because of residency questions, THE PLANET and most others of sound mind scoffed. Rumors swirled that the petitioner was acting as a front for mayor Linda Tyer and/or her husband, Barry Clairmont, who bear Connell little love. The move backfired, unless the intent simply was to perform a rear-guard harassment by an Administration that’s clearly on the retreat. It smacked of desperation, that perhaps the Administration realizes that Connell and often Ward 2’s Kevin Morandi speak for not just their constituents but for a majority of citizens.
The petition brought about a lesson in civics, prompting another administration thorn to also file a citizen’s petition. THE PLANET asked Mark Tully about two items he succeeded in placing on this week’s council agenda, to be taken up tomorrow night.
“I was concerned when the city council heard a citizen’s petition to remove Chris Connell,” Tully said. “Councilors discussed the petition for over 2 hours that night. The petition wasn’t signed by any councilor. It didn’t surprise me that none of them would sponsor such a controversial petition. I questioned council VO Peter White about the validity of that petition. He responded that all petitions submitted by residents are put on the agenda.”
Tully continued: “I explained that we have a representative form of government. The councilors should be submitting petitions on behalf of their constituents. Should none of them want to sponsor a citizen’s petition and the citizen demands the petition to be heard, the Charter provides a clear process.”
Tully referred to the city charter, Section 9-1 (a) below. Paragraph (a) explains what is needed to get it started. The rest of the process is spelled out in subsequent paragraphs, that can be found here https://www.ecode360.com/27967509
SECTION 9-1 : CITIZEN INITIATIVE MEASURES
Commencement – Initiative procedures shall be started by the filing of a proposed initiative petition with the city clerk or the secretary of the school committee. The petition shall be addressed to the city council or to the school committee, shall contain a request for the passage of a particular measure which shall be set forth in full in the petition and shall be signed by at least 250 voters. At least 25 signatures must be certified from each ward. The petition shall be accompanied by an affidavit signed by 10 voters and containing their residential address stating those voters will constitute the petitioners committee and be responsible for circulating the petition and filing it in proper form.
“Since White informed me that the council hears all petitions submitted by residents, I decided to submit two of my own. There are many voters who encouraged me to submit these petitions and would have joined me in gathering signatures. Fortunately, now we do not have to. My lone signature is sufficient.”
———- ooo ———-
Tully’s first petition addresses what he calls “the lack of transparency in [the Tyer] Administration, especially concerning finances.” Petition 1 requests that the council enforce City Code section 6-20.
Section 6-10:
The city accountant shall make monthly statements in writing to the mayor and the city council, giving the amount of appropriations, expenditures and unexpended balances, as shown by the books on the last day of the preceding month, and also the bank balances of the director of finance/treasurer and the collector of taxes as of the same date.
The code also allows for any citizen to enter city hall during hours of operation and review these statements. Since city hall is limited due to the pandemic, Tully requests that the Administration make these monthly statements available on the city’s website.
His second petition concerns an issues that has popped up on THE PLANET since Dina Lampiasi won her council seat in Ward 6. Lampaisi’s day gig is a full-time position in the district attorney’s office. Is that a conflict of interest?
“Oour group is concerned about integrity of our elected officials and will hold them accountable to their own statements,” Tully told THE PLANET. “Petition 2 requests that the council ask Mayor Tyer to remove Councilor Lampiasi from the Licensing Board. On Oct. 29, 2019 at BCC, then-candidate Lampiasi promised the voters that if elected she would resign from the Licensing Board, as she admitted it is a direct conflict of interest for a sitting councilor to also sit on that board. We are only asking our elected officials to do what they said they were going to do.”
THE PLANET finds Tully’s reference to the plural revealing. “Our group.”
Is there a resistance movement forming that will actively oppose the mayor? THE PLANET has heard some rumblings to that effect.
We’re thinking that there will be more than one October surprise.
Happy Labor Day, everybody.
———————————————————————————————————-
“If you’ve got a heart at all, someday it will kill you” — Rita Dove.
“OPEN THE WINDOW, AUNT MILLIE.”
LOVE TO ALL.
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Thank you Mark Tully. I support both petitions!
Why has it taken this long?
It takes a lot of courage to do this so I thank Mr Tully very much for doing this. I believe he will have a groundswell of support if he runs into city hall backlash. The mayors puppet councilors are going to be put on the spot as to whther they are going to honor their oath of office or hang onto her coat tails and possibly soil their good names in the process.
Ironically the pettions are not asking for anything other than for officials to follow the Goddamn rules that were set by our own government. If Tyer or other councilors have a roblem with that perhaps even the people of Pittsfield are in a mood to rise up and make waves.
I find it odd that the pick your pocket tax has much scrutiny or should I say fixed scrutiny because the players who receive funds from that tax are being directed from political and clic groups. But the Covid monies directed to businesses in Pittsfield is hush hush.
If the Mayor doesn’t want to release that information and be transparent at least tell us why? And why isn’t the City Council inquiring? None of the Councilors has been approached for this request? Or just maybe certain ones weren’t supposed to get anything or need it to begin with? Thus the scrutiny.
All good questions. WHY is the council so wimpie about this????? Do they all think the people have no right to this information OR even an explanation as to why not?
Serious question. Are Pittsfield children taught in school how their own city governement works? If I asked a random ten local tenth grade students how many city councilors we have and what their jobs were, would they know? Would they know they are supposed to be abe to call their councilors regarding city issues? Do they know about city council meetings? Do they know the length of their terms or what their compensation is? How about for the mayor?
I would specifically ask Mr McCandless and the school committee if this is considered important to them that they teach students how their local government works. Or, is it better that the ruling cabals keep local residents fairly ignorant of what their options are if they disagree with the way things are done?
My guess is that unless you do not grow up in a politically active family in PIttsfield you may be unaware of how things get done or not done. And you may have little or no incentive to learn. Just look at the attendance at city council meetings in our city with all kinds of problems that people whould be up in arms about.
Civics was removed from the curriculum many decades ago. If you asked a scattering of tenth grade students who the governor is they wouldn’t know. I guess that’s the schools fault.Everything else is, why not that too.
TM,
Great post, and I might add there are some teachers who are in the classrooms that also couldn’t tell you who the governor is.
Full disclosure at all times to prevent questionable actions.If you are sworn to secrecy then you are unfit to serve…..I still want to know why the mayor wont sweep major roads in Pittsfield every 3 weeks.Every storm drain on Williams street,Elm street,Newell street,Pomeroy ave are blocked.All lawn clippings are mowed into the road.
Would Caccomo please do ward councilor work…..Why cant Pittsfield sweep streets and weed wack bridges and islands ?…….How does this board justify Trumps opinion of War veterans.Fox got you complete brain under controll.
It won’t be long now sc keep yer head on.BYEDON.
Byedon. That’s funny.
Girl you need to get something because the TDS has taken hold. Get fixed
Impossible ! This perplexed progressive’s putrified mindset seems to be permanently petrified.
Good points, TSC!
Why would Caccamo start now? He’s golden. No one runs against him, he stays in the shadows
He’s the new Remo
No one will ever be “the new REMO.” Like Peter Arlos, one of a kind.
Be that as it may.
We got Eddie now.
And Stooge,Kufflinks, Tqco Bell,Sportsman’s,Under the Rainbow,cluttered storm drains…..
I was just saying on the weekend how bad the weeds are on the islands and side of the road coming off the old Merrill Rd. bridge toward Teos. It’s all over the City too.
BUTTTT, there are dozens if not hundreds of planters with flowers costing the taxpayers thousandds of dollars. Who does the mayor use as a vendor for all the citys flower beautification efforts? Is this also secret information?
Mark Tully has too much time on his hands. And yes, our group is revealing. It refers to everyone Tully is acting as a front for so he can have some friends. Name me one mayor that has done this financial statement? Certainly not Doyle when he sent us in financial ruin.
Lampasi is a non factor. The real issue is Dick Stockwell. That guy is the true conflict. He drinks at half the bars in Pittsfield like a baby at mamas teat. His advocating for license holders like Scott Graves is sickening. Wonder if he has to pay for his drinks? Nope
That “not one mayor … has done this financial statement” rather makes Tully’s point! That no one had done it illustrates the lack of accountability that has dribbed and drabbed the city into the gutter.
Only half the bars? He’s slowing down.
I have very little time on my hands.
I would love to listen to all your inside info. Will you let me know?
I believe your talking to a former council member Mark.
I have always agreed with Mark Tully and respect his opinions. And if he has a “resistance movement” I want to join!
Thank you Spider, Feel free to email me at marktully@pc4a.org “Pittsfield Citizens For Accountability”
Will PC4A support candidates like a PAC?
We will…
There is no actual conflict for Lampiasi and the liquor licensing board. She undoubtedly figured that out after having made her statement. You could make a case that people that stupid should only hold one elected office at a time.
First of all she’s a ward Councilor and how many times did we hear it’s a time consuming job,let alone her positions at the courthouse and the License Board. So she becomes a watered down one at that. Many in the warD are already fed up with her. Another conflict is decision making for other wards regarding license issues. She’s not an at-large Councilor?
Thank you Mark Tully once again for clarifying the goings on in this vibrant and dynamic City. This one blows my mind. So our “illustrious” City Council spends how many years creating the City Charter and they evidently have chosen not to pay attention to the guidelines or are they just playing stupid? How long has PeePee Petie, Morandi, White, Connell, Caccamo & Persip been on the Council, they all should know what is on the Charter? So us hard working taxpayers abide by the Charter but our City Council and Mayor don’t have to? Hope the “Our group” will continue to keep on top of the mess-ups in this City. “Our group” needs to make life miserable for this Administration and City Council, especially since they are making the lives of City taxpayers miserable. What have any of them done to try to revitalize a failing Pittsfield. They choose to not clean up the streets, no traffic enforcement, blow up water mains, panhandlers on every corner, broken morale in the police department, homeless folks sleeping in ATM kiosks, neglect to notify residents of a cell tower being built. I could go on and on just like many bloggers on this sight. They all feel they are infallible, we all need to put a stop to this behavior. They ALL were elected to represent the voters and they are NOT doing their jobs.
I would guess that Councilor Lampiasi has already contacted the Ethics Commission and was told that it is ok to be on the Licensing Board. No conflict. Often a letter is not provided but I’m certain that the mayor can get one if needed.
Personally, I think the Board should NOT include a councilor but I don’t think there is an obvious conflict.
Just an opinion.
If there was a hint of conflict why put her on the board or why run for city council? Because marching orders are in Order. Is she that important and is she the only one that can do that job? Dick is on the Board,a mule could do it. This is how we create professional politicians and most suck at,save Remo.
I respect your opinion. We just need to read section 3-3 of the Charter.
We always respect your opinion.
Same is true with THE PLANET with respect to The Man from Mensa. Always a fave at this address.
Did the mayor make the councilors sign a non-disclosure agreement and if so can we see it?
Even when you take the time to read the rules / Laws / by-laws & understand them – there’s a got damn loop-hole that – Wherefore that rule does not apply. Code of Ethics ya, ok !
I am using my one allowed comment to say the following: (a) Matt Kerwood has no business sitting on a +$10 million slush fund that belongs to Mary Jane and Joe Kapanski, and (b) Matt Kerwood’s use of “creative Accounting” = “Cook the Books” to make the lovely Linda Tyer look good when we all know that Pittsfield politics has excessive tax rates, fees, and public debts, compounded by a shrinking tax base.
Why do you think the water guy took no sheet from these buffoons.
The one comment rule is sensible idea for everyone.
Just like Barney Fife who was allowed to carry one cartridge in his pocket.
Hi Dan,
Thank you for publishing my information. I didn’t make it clear in my petition as to why it is a conflict for a City Councilor to sit on a Mayoral appointed board such as the Licensing Board. I didn’t think I had to because Councilor Lampiasi said it was a conflict herself. Well, I found out that it is in violation of Charter Section 3-3.
Section 3-3 of the Charter expressly prohibits the Mayor from appointing a City Councilor as a member of a multi-member body i.e. the Licensing Board. 3-3 expressly prohibits a School Committee member as well. I didn’t realize until after my petition that Dennis Powell serving on the Licensing board is in violation of the Charter, too.
I heard a rumor that the Mayor has granted a waiver so that Councilor Lampiasi can serve on the Licensing board. On Friday, I emailed the City Clerk requesting a copy of such a waiver. I did not receive a response.
There is only 1 waiver provision in the Charter, Section 10-11 and that pertains to employees holding more than one position. The Mayor does not have the authority to waive what the City Council is obligated to approve. If the City Council agrees that the Mayor can issue a waiver to rectify these Charter violations, then they have just stripped themselves of their authority and responsibility.
Pittsfield gobsigs at their worst.
What if Yukie who has had violations had to appear on an infraction? Could or would she lobby Lampylousy and who would know? And of course there wouldor could be a recusal to vote onYukie and her bar?
Children and adults seen today all over the city congregating no masks. The mayor says keep vigilant. I stink from her water order and haven’t showered in eight days. My deodorant Mayor is the only thing from keeping my family from leaving the house.
He also stinks apparently.
Come on down to Silver lake at 3 am….bring your own soap.
Barry,Burger king had two for five whoppers last week.
MARK
Thanks for the clarification. Beyond the legalisms of her (and Powell’s) service on the board, if she campaigned on the pledge NOT to remain on the board, she must be held to that promise.
Yes Dan, She has to be held to her own standards. Should School Committee member Powell be removed, yes.
Mark,
Will you be submitting another petition to have Dennis Powell removed from the Licensing Board?
Great work – thank you!
If they don”t address it, Yes
You are on a roll, my Friend! Pls don’t let it die; The Kapanski’s et ux are behind you!
Mark,
I’m not a grammar expert by any means, but I think if you reread section 3-3 of the charter, pay particular attention to the commas and the words “serve under”, you should come to the conclusion that what is being said is that the Mayor cannot appoint people to multi-member bodies that “serve under” the School Committee and the City Council. In other words, the Mayor cannot appoint someone to a sub-committee of the City Council.
The idea that school committee members and Councilors cannot be appointed to multi-member boards is just not correct.
Maybe her Solicitor will shed light tonight on the charter part. Her appointment amongst my peers in he City has been 10-1 she, Lampiasi is in conflict.
Will this be a power play tonight or will the Mayor ask Lampiasi to move on?I think it would be the right move to resign the position. Odds are against. The winners,no one, and the city continues to move backward.
What a total waste of time!
“Why don’t you speak for yourself John?
So Barry, even though on the surface this seems unethical, you are OK that the mayor has found a loophole in which to put a partisan cohort on a board that makes very important decisons?
My feeling is that a mayor of the people would go out of his or her way to avoid even the appearance of partiallity.
And since we have your attention could you speak to us as to why the mayor does not feel the taxpayers deserve to know what business s she has given their money to? If you ignore me I will understand why.
Gee Barry, you criticize Connell for the way he speaks, now you are criticizing Mark Tully for his grammar usage, you evidently think you are an expert on everything. Since the Mayor won’t divulge where small business payouts went, wondering if she gave payments to you for being a Speech Therapist, another one for being an English teacher and I am positive she gave you another payout for your accounting business which you already received a HUGE payout from the Payroll Protection Plan.
Merry & Bright, You are not only M&B you are Brilliant. Follow the Money.
Do dentists get Covid?
Every time you defend the mayor you make her look like even more of a weakling.
Peter Arlos used to say, “never chase criticism”.
Let me try and answer your questions.
Johnny, I never said I was okay or not okay with it. I just pointed out, that if you read section 3-3 of the charter, Mark’s interpretation is incorrect. Go read it for yourself. Frankly, I don’t see a conflict here. As to what businesses received funds, see pages 15-18 of the City Council agenda for tonight’s meeting, they are listed there.
Merry, I’m not an expert on everything, just most things, LOL. And, no, I’m not on the list. Sorry to disappoint you that there isn’t a scandal here.
RNtoo, not defending, just pointing out that Mark made a mistake. Most people would want to know the facts, not fiction. I know, fiction is more fun.
Have a great day everyone, I’m outta here.
Barry
BC
But what about the councilwoman honoring a campaign pledge. Are you OK with her violating her word?
Dan,
What I remember was her saying was that she would resign if it was a conflict, which it isn’t.
BARRY
If she put in that qualifier, it’s a different story. I did not attend the debate or hear the statement first hand. If what you say better reflects her statement, I see no a-priori conflict with such service by a city councilor. Interesting object lesson here: By having this discussion, we have all had a civics lesson, which underlies the importance of free exchange and the value of THE PLANET. This site it truly the only game in town now that offers relatively unrestricted debate.
go to it’s pittsfield tonight on facebook and hear
for yourself what she said.
Sir, I admire you for stepping into the ring.
Who serves under the City Council or School Committee? Wouldn’t that refer to persons bound by City Council and School Committee rules? Also, a person serving on a Mayoral Appointed Member Body, “serves at the pleasure of the Mayor”. An elected official cannot serve at the pleasure of the Mayor.
The mayor shall appoint, subject to review by the city council under section 2-10, all department heads and the members of multiple member bodies for whom no other method of appointment or selection is provided by the charter; provided, however, that this shall not include persons serving under the school committee and persons serving under the city council.
Mark, it means she cannot appoint people who serve UNDER (meaning a subcommittee working for either of ) the school committee and the city council. In other words, she cant appoint people to he council subcommittees.
Isn’t each and every councilor on a council subcommittee?
Yes, Mark, but not appointed by the Mayor. Section 3-3 says the Mayor cannot appoint people to multi-members bodies that report to the Council or School Committee. It isn’
t written well and I can understand how it could be misunderstood.
Hi Barry,
I agree with you, now. Upon further study of Section 3-3 of the Charter, the reference of the School Committee and City Council pertains to their subcommittees not having Mayoral appointments, not the councilors or school committee members being appointed.
Therefore a waiver is not required and Section 10-11 doesn’t apply.
It appears that I, the Administration and Councilor Lampiasi were all misinformed.
I agree with BC although the words “serve under” are vague and subject to interpretation.
That being said since, the councilor stated she would resign from the LB if elected, it seems she should step aside.
Joe here, I love Tuesdays here at the rest home. We call it tapioca Tuesday. We get double portions of you know…the thing.
Joe, You must be in the home in Tony Lenox”. Good for you. You finally got out of “THE CITY”, Palookaville. Sweet.
The mayor may decide to go totally rogue on this one. If she does people may have limited options. But if they find no other way they can boycott business s that the mayor has kissed. Everyone has an achilles heel. She cannot be allowed to continue making up her own rules. It has gotten out of hand in Pittsfield.
The twelve of affirmative on the Tully Petition should call in tonight on open mike. Dan,can we get the Info? On how to call in the ridiculous Zoom Show. It’s as bad as the Stooge Show. By the way three months since I’ve tunedTuned into my beloved T B R.
THE PLANET says put the legalisms aside (though they are confusing enough). Fact it, councilwoman Lampiasi made it a campaign pledge to resign from the board if elected. That’s enough for us. Hold her to her word. “Put dem feets to da fire,” as Festus Hagin would put it.
I liked Chester also. MR. DILLON!!!!
What’s with these WAIVERS? I have had an interest in politics for years and this is the first time I heard that a mayor can provide a “waiver” for any law, rule or regulation.
That’s scary!
She can’t pursue a waiver. It’s The Law. Aklthough she and her tribe think they’re above the law.
Aside. Dogs and loose cats. As a resident of ward one we have neighbors who constantly complain about cats and sometimes loose dogs from other streets into our street. That cant be enforced with cats-loose dogs,it happens. The easy solution as far as walking your pet dog is to walk on your own street or go to the dog park….not on another street than your own.
One stroke of the pen can do that. I’ve watched the Animal Rights Commission and many times dogs for instance,have attacked other dogs. Walk your dog on your own street not on anyone else’s is the point and would also negate lawns being dedicated on And dogs on North St.should be totally forbidden,unless it’s necessary to have one.
you talk like the Donald
Are you nuts? The government can’t tell a person what streets they can’t walk their dogs on. That’s blatantly unconstitutional.
It,s A Democrat thing
BYedon. That’s cool.
She gave Stanley a “waiver” and he used it to wave good bye to Pittsfield with a bag of taxpayer cash.
Ding ding ding,
We have a winner for the post of the day.
JA,
That was a super response for all the taxpayers.
That was Ruffer.
Post of the Day was… BYEDON
You are right, BYEDON was also fantastic. Can I get a (waiver)?
Hi Dan,
Barry Clairmont is correct. Upon further study of Section 3-3 of the Charter, the reference of the School Committee and City Council pertains to their subcommittees not having Mayoral appointments, not the councilors or school committee members being appointed.
Therefore a waiver is not required and Section 10-11 doesn’t apply.
It appears that I, the Administration and Councilor Lampiasi were all misinformed.
My petition requested that Councilor Lampiasi be held accountable to her campaign promise to resign if elected. It will be up the Ward 6 voters next term to decide if it matters to them.
Mark,
It takes a big person to admit when they are wrong. I have great respect for you. I don’t think there was any malice on your part. I do see how that section isn’t written well.
Barry
Now THIS is what I’m talking about. Honest, respectful exchange. BC & MT, if either of yooze guys figure out how to bottle this and inject it into the national discussions, let me know. I’ll be your biggest investor.
While perhaps legal it still is shady and reflects the good old boy influence the mayor perpetuates. Shame on her.
Morandi looks like the sixth Beatle,cool look Kevin!
Yeah, yeah, yeah.
Three adults came down with Covid due to their children, who are asymptomatic but have tested positive.
The kids went back to school, have been in school for just a few days, full classes face to face.
Good ol meeting of the minds – right on
Barry. I was looking at the Covid Giveaways. Dottie’s, and Dentist group Sakshaug was the only Dentist getting 6800.
The highlight of the night at Zoo Council was Lampylousy putting on lipstick..
Why buy the local paper when the local paper gives work yo out of state companies?
There’s one right up the street.
The eagle sucks
https://www.berkshireeagle.com/stories/eagle-bureau-shoppers-guide-share-great-barrington-office,613099