MAYOR, MAZZEO LAUNCH ASSAULT ON FREE SPEECH … USE STATE LAW AS JUSTIFICATION FOR THAT WHICH CAN’T BE JUSTIFIED
By DAN VALENTI
PLANET VALENTI News and Commentary
(FORTRESS OF SOLITUDE, TUESDAY, APRIL 7, 2015) — In the vastly underrated made-for-TV movie Colossus: The Forbin Project, the formidable computer takes over control of the world’s nuclear weapons and, ultimately, of humanity itself. In unforgettable and chilling tones (supplied by the late, great voice-actor Paul Frees), Colossus tells the world that people are not losing their freedom. Rather, they are gaining security. Then Colossus boils the reason why down to its non-reducable essense:
“Freedom is an illusion.”
THE PLANET agrees. Humanity had not sufficiently matured to handle freedom. Since civilization’s dawn, we have handled that unpleasant reality through the imposition of regulations, rules, and laws. We all get that. Thus, when it comes to The First Amendment, we realize that freedom of speech, press, and assembly cannot be absolute. That said, THE PLANET also embraces the Jeffersonian ideal that if we must have rule, regulation, and law — that is, Government — let it always be spelled with a small “g”. Give us as little as necessary.
Mayor Goes Through Back Door to Squelch Dissent
This prelude brings us to the most recent crisis in the endless line of mishaps, missteps, indiscretions, miscalculations, solecism, and gaucherie that have occurred since Dan Bianchi became mayor and used his back-door influence to install Melissa Mazzeo as his puppet queen to front the presidency of the Pittsfield City Council. Dictatorships can only work if they are benign. This one, however, has saddled Pittsfield citizens and taxpayers with incompetency of the worst kind: that of deliberation and not of sheer ineptness.
Council president Mazzeo wants to tighten the noose on what little there is of free speech at council meetings. The blunt move has the mayor’s fingerprints all over it. If you’ll recall, after THE PLANET‘s incredible string of exposes revealing the disastrous situation at Berkshire Works under the mismanagement of the mayor’s buddy from the south, William Monterosso, Bianchi formalized his own political paranoia and passed it along to city employees in the form of an imposed “press policy” whose net effect was to instill shrinking fear in all city department heads and workers. They were told not to talk to the press, and that all inquiries would be first referred to the mayor’s office, upon penalty of your job. That’s probably why ordinary citizens walk into city hall, they feel the bad vibes. That’s not how it should be for the OWNERs of government.
In his time in office, Bianchi has not held one press conference. He has practiced highly selective press relations, speaking only to those media that will publish his fantasies of fluff, puff, and fictive stuff. While he continues to ruin the city, he only wants favorable reviews of the paradisic nature of life in the Democratic Republic of North Podunk.
Bianchi won the corner office and imploded, falling prey to that most cliched disease of power: Rabbit ears. He wants everyone to love him. His reaction to criticism has been to develop a persecution complex. It’s like the softball complex without the drinking.
Aim Is to Silence Critics of the Mayor
Mazzeo is mouthing the directives of Bianchi. When the council voted 10-1 to ask the mayor to rescind his Administrative Order to re-restructure the Department of Public Services, Mazzeo was the only one to vote against it. Apparently, one must check integrity and self-respect at the door to be council president these days. Funny, THE PLANET doesn’t recall that price being paid by Kevin Sherman, Peter Marchetti, and Tom Hickey, to name a few.
Bianchi wants to silence all critics by focusing on one man, Craig Gaetani, who has taken full advantage of the right of all citizens to petition government. Gaetani has been especially adept at making use of the Open Mic session of council meetings. He outmaneuvered Mazzeo with her own rules, and when Madame President became totally baffled at the March 24 meeting, she gaveled the meeting closed — She ordered the interruption, not Gaetani, because she, not Gaetani, couldn’t compete in political speed chess. Within her own rules, Gaetani played Mazzeo like a cheap Stradivarius.
Mazzeo later conferred with police chief Mike Wynn to make sure the mayor’s uniformed police are present at all council meetings to add a stifling presence for any citizens who might, you know, “get outta line” and actually has an issue or two with the handling of the city. Police State, meet Bianchi’s Pittsfield.
To carry out this assault on the First Amendment, Mazzeo (mis)employs Section 20(f) of the state Open Meeting Law. It reads:
“No person shall address a meeting of a public body without permission of the chair, and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt the proceedings, the chair may order the person to withdraw from the meeting and if the person does not withdraw, the chair may authorize a constable or other officer to remove the person from the meeting.”
Even a casual reading of the law compared with Mazzeo’s hasty (and false) application shows an unskilled amateur carrying water for an even more maladroit ham-hander. THE PLANET won’t bother continuing with this elementary civics lesson. Perhaps Mazzeo and the mayor can find it in an old version of Government for Dummies.
A Genuine Cold Spot
Danmel Bianazzeo — we get them mixed up — said “she wants to be sure everyone is aware that insulting comments, open campaigning for political office and speaking longer than the allotted time — especially when the council has a long agenda, as was the case on March 24 — she will first issue a warning and, if necessary, have the person removed from the meeting.” [source, “Pittsfield City Council president aims to curb meeting disruptions” by Jim Therrien, The Berkshire Eagle, 4-2-15)
This paragraph introduces a genuine cold spot into the heart of city hall that for Mary Jane and Joe Kapanski has become a haunted house. Walking into that building and into that council chambers has become like walking through a curtain of ice, to borrow a construction from The Haunting of Hill House by Shirley Jackson.
Unfettered free speech does not lie within the jurisdiction of the mayor, council president, or police chief. It lies within the First Amendment of the United States Constitution, which all three have sworn to uphold. Folks, remember a time when oaths were taken as seriously as the contracts they are?
It is not for the mayor, the council president, the police chief, or anyone else to decide on what constitutes “insulting comments.”
MAzzeo’s worried about “insults?” Seriously? Her confidence can’t be that shaken. This has to come directly from the mayor. Insults can and must be part of the universe of public debate. If you don’t think so, watch our English brethren in Parliament conduct their Questions for the Prime Minister sessions! And who is to say what is an “insult” as opposed to allowable criticism? Certainly not Mazzeo.
Democracy is a rough-and-tumble sport. It can, does, and should carry compliments as well as insults, a range of response that includes the most flattering of accolades to the most withering of denigrations. Nor can anyone, including the council president, prevent speech by subjectively determining it to be “campaigning for public office.” If that were the test, not one of our 11 Right Honorable Good Friends could utter a word.
Mazzeo et. al. obviously do not know that when Gaetani, Linda Tyer, or The Man in the Moon announce their candidacy for public office, they do not relinquish their constitutional rights. Moreover, citizens do not officially become candidates until they submit the required number of certified signatures. Mazzeo’s “rationale” is more an “irrationale,” her “logic” more like a lock box for idiots.
Is that an insult? Depends on your point of view, doesn’t it?
As for speaking “longer than the allotted time,” Madame President is uniform in her inconsistency and consistent in her illogic. Friends of the Mayor get much longer than the three minutes allowed by rules when they are kissing his rump. Foes of the Mayor are gaveled shut at 02:59:59 or sooner.
Obviously, THE PLANET’s Right Honorable Good Friends on the city council have a lot at stake if MAzzeo should be foolish enough to shill this type of crap for the mayor. If they reject this attempt to inhibit free speech, they will gain much good will and some votes. However, if they go along with this ugly passion play, woe be. This time, voters will remember, because we will not let them forget.
Mazzeo Responds to THE PLANET
THE PLANET sent the following message to Mazzeo:
——– 000 ——–
MELISSA
I have read about your comments on the current “open mic’ process at council meetings.
I strongly disagree with your stance, but want to give you the opportunity to defend. I have a small item on the Weekend Edition of my blog. I shall be commenting more at length next week.
Here are my questions, for the record:
* How do the rules you cite give you the right to limit free speech?
* Free speech is just that. Free. My reading of the law does not give you the power to stifle political commentary, limit candidates from speaking (since they are still citizens and especially if they are not officially confirmed with certified signatures), or language that you deem disturbing. I have run this by First Amendment legal experts. They agree with me.
* Is this directed at Mr. Gaetani?
* Did the mayor order you to seek this action?
* Do you think this helps or hurts you, politically?
Feel free to add anything you wish. If you want to come on my TV show and defend your position, let me know.
Best,
DAN
——– 000 ——–
Here is her reply:
Dan,
——– 000 ——–
How Long Will You Take It?
This is Pittfield, a city that routinely steamrolls participation in government by ordinary citizens. Short of a legal challenge by someone with sharp-toothed lawyers, the gulag atmosphere continues to darken the skies of erstwhile citizen-owned government.
The only other force that can put an end to the nonsense is a show of force and will by you, the ordinary citizen and taxpayers. You must let your council and your mayor know that this measure is simply unacceptable. You must pressure them not to take this fatal step in the direction of a mini- “national security state” in what we used to know as the City of Pittsfield. As we said, there is a lot at stake.
One final question in this election year: Will you, the citizen and taxpayer, sit silently by? Will you, Mary Jane and Joe, keep swallowing this guff? And will you, The Candidate, also play patty cake with this assault on democracy?
——– ooo ——–
[ED NOTE: Finally, we apologize to our good friend and colleague Ben Garver, photographer extraordinaire of The Berkshire Eagle. We used his photo of Craig Gaetani yesterday but through oversight neglected to credit the picture. THE PLANET added a photo credit late in the day, and there is shall be for the duration.]
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“We got a thousand points of light for the homeless man.” — Neil Young, “Rockin’ in the Free World,” from the album Freedom, (1989).
“OPEN THE WINDOW, AUNT MILLIE.”
LOVE TO ALL.
I agree Dan. This is so wrong. To have a police officer at the meetings would be very intimidating for the general public. That sends the message that the public is not welcome and not trusted. As for a three minute allowance to speak, that is ridiculously short and should be at least 5 minutes per person. The council complains that listening to the public takes away from the time they need to do their work. Well, their job is to answer to the public whether they like it or not. They should allow a half hour at the beginning of each meeting before they begin their work to listen to the general public.
Do you feel that they should be required to speak to items on the agenda or be allowed to speak on any thing that they wish? Mr. Gaetani was giving a political speech kind of outlining what he would do as mayor. If this is going to be the case then every candidate could get up and do the same thing with the name calling etc. Is this what you want?
I agree with you, Thomas. The first amendment guarantees the right of free speech, but it does not say you have that right anywhere and anytime you wish before any body. You cannot just walk into the halls of Congress and say what you want before the house and senate. You cannot go to a legislative session on Beacon Hill and just spew out what you want. Legislative and governmental bodies have the right to hold their meetings to discuss and vote on specific issues, and no law says you, John Q Public, can insert your vocal opinion before them. You can write whatever you want. You can stand on a street corner and say what you want. You can speak before public hearings on the subject matter that is being discussed. The open meeting law specifically gives governmental bodies and committees the ability to decide whether ‘the public’ can speak before a board or other body. If it is advertised as a public hearing, a speaker can address the legislative body and discuss the specific item being dealt with. The chair or president of the body has the legal right to determine whether an individual can speak on any given matter at any time.
I personally think any city council, being a smaller governmental body that should be more responsive to its community than a larger body like the legislature, should allow open comment during a specific part of the meeting. But… that commentary should be brief and should not allow for candidates for office to just go there and spew campaign rhetoric.
Good point
Even if what your saying is true, it still doesn’t justify bringing in police protection for future meeting because one person goes off topic. That is ridiculous!!!
Well, the man is 67 years old I believe. He hardly presents a danger to the councilors. For them to use him as justification for needing a police officer present at future meetings is ridiculous. I think it should be anything that they wish to speak about as it is supposed to be an open forum type of meeting. As far as I know, there has never been a problem in previous meetings with people who have come to speak. One person goes on longer than he should and gets emotional and this justifies bringing in the police? I think this is a big over reaction on the part of Melissa Mazzeo.
I understand that Mr. G gets emotional and comes across aggressive when addressing the councilors. That’s his love for the City of Pittsfield and its residence. That’s called very passionate for what you believe. Let’s get real. We know that Mazzeo is not the driver on this bus. Who do you think we are? No dummies, that’s for sure. First, she would have to consult with legal before introducing these changes. Making sure it’s legal. Secondly, where was she when the big bear (out of love) invited the city council to join him in the sand box? Politely this was an invite to a fight. And there were others. Did anybody felt treat enough to consider this action then? Why now? Mr. G? People grow up. Let’s concentrate on the important financial issues that Pittsfield is facing. And by the way, if I need a police officer in front of my house for protection against the big bad wolf of neighbor I have, would I get one?
The suppression of free speech is at the crux of the problem in Pittsfield politics! The corrupt, insiders run Pittsfield with a top-down iron fist. For many decades past, people have spoken out about how to make Pittsfield a nicer community, but instead, the Good Old Boys, Suits, and Vested Interests keep Pittsfield in a downward spiral. If they wanted free speech, Pittsfield politics would have given the people a chance to vote on the $121 million new Taconic High School project. But they knew that it costs too much and would add more money on the peoples’ very high municipal taxes, and the voters would have rejected it by a big margin. The powerbrokers in Pittsfield are intimidating to the people who pay their salaries and benefits. If you go against them, you will lose your job and be blacklisted from future employment in the Berkshires. In terms of democracy, no one opposed the Berkshire delegation (Ben Downing, William “Smitty” Pignatelli, Tricia Farley-Bouvier, et al) in last year’s state government election. There is a reason why they were anointed instead of elected to political office. The people are being silenced, suppressed, and intimidated from participating in their local, state, and federal government. We need to fight for the little guy again. Those who are powerless and marginalized should be given a chance to achieve success. We must not be deterred by powerful politicians. We should be able to speak freely and participate in our system of government!
Also the Pittsfield schools are calling for a 3.5 percent budget increase. Supposedly they have made all of these job cuts, but they still need the increase. Does that make sense to anyone? Spending $370,000.00 on new buses put them in this position they are saying, but most people opposed the new fleet of buses because the city couldn’t afford it and also because the buses were not that old and didn’t need replacing.
Lockdowns, lack of transparency, secrecy, city employees not allowed to speak to the press, coverups, dirty backroom deals, assault on free speech, listening to the public at public meetings is a burden, letting the people vote on a new high school will not be tolerated…….
Do you need any more reasons to vote every single one of these sons of bitches OUT of office this election year?
Broom…Clean Sweep…………..
..
i actually believe Mazzeo when she says this was all her own idea. She seems to be morphing into a bit of a tyrant. More collateral damage from the Bianchi reign?
Melissa Mazzeo and Dan Bianchi have dug their own hole. Point of no return.
Administration Officials outlined for School Committee members a shortfall of $2 Million dollars for the anticipated 2016 year. Start at the top, boys.. and take out the administration layers, and fat salaries.
Administration also recommends cuts to technology equipment, and vocational equipment. But let’s ram a new Taconic High School down the taxpayers throats…and that new fleet of buses that we didn’t need. This City is living in a fantasy.
The scary thing is that won’t even talk about closing a school. Forget about doing it, they won’t even udder the words. If were going to have 2 high schools we should have grades 8- 12 in the high schools, 5-7 at middle k-4 elementary. With this shift we could close 2 elementary schools.
Bianchi, Mazzeo and cohorts will never close a school. They would have to remove their lips from the Teachers Union’s arses in order to do that and that’ll never happen.
This issue is really being milked.
This issue is huge! Calling a $4 million raise package for employees and a $2 million overall increase in the budget a cut is unconscionable. Then to dress it up, claiming that 28 people will lose jobs…only to find out that no one will actually lose jobs once the smoke clears is beyond ridiculous. It’s sublime in its level of deceit, as well as in it’s gross underestimation of the intellect of the public. Dan published some numbers here a while back about the actual numbers of students relative to employees. I don’t recall them exactly but student enrollment is half what it was, while administrators are triple or quadruple in number. Teachers are up too. This is a huge issue everywhere, not just here. Check the Friedman website out to see the numbers nationwide; http://www.edchoice.org/Research/Reports/The-School-Staffing-Surge–Decades-of-Employment-Growth-in-Americas-Public-Schools–Part-2.aspx These school budgets drive taxes everywhere…and they’re driving average Americans to the poor house.
This is true. They are moving the people losing their jobs to other jobs of people who are retiring so technically nobody is losing their job. The jobs that people are leaving won’t be filled. This is what budgeting is. I applaud the school system for doing that, but not for wanting an 3.5 increase. Didn’t they know when they bought the expensive buses, that they would need to budget for them. Money doesn’t grow on trees. You have to sacrifice something to get something else. Asking for an increase is not living within a budget.
As well it should Tom. As well it should. PErhaps the most important issue in city govt since this administration has as DV points out been all about stifling dissent…
Also funny how they mentioned rise in electricity and natural gas, but not the savings from fuel and heating oil. They probably slip that in there slush fund.
I personally think that Melissa is reacting to ONE individual whose behavior is inappropriate. There are other ways of dealing with Mr G within existing council rules. I hope Melissa changes her mind or the council will reject the change.
I noticed in the Eagle this morning that the vocational equipment budget is being cut. I wonder what that budget will look like when the new vocational wing is opened in the new Taconic High school. One piece of modern equipment costs $250,000+ and where will that money come from?
By the way if the budget is increasing almost 2 million dollars how can we be talking about budget cuts?
This is what I said in a previous post. One person is difficult at a meeting and she immediately wants to call in the police. This is an extreme and emotional overreaction on the part of Melissa Mazzeo. She needs to act more professionally or leave the job.
To Mr. Vincellete thank you, I agree. There are plenty of ways to do this without crafting a censure on free speech. Melissa’s inexperience is showing.
The equipment cuts? And then they’re going to vote in a new school? How insane does this get before it goes kaplooey?
A comment made by School Committee Member PAMELA FARRON, and quoted in today’s Eagle is quite disturbing. I paraphrase; Pittsfield is $8 million under taxed within proposition 2 1/2, Why not tax more nd give it to the school department ?
Even Super. McCandless stated that most of the budget short fall is due to $4 million in raises. And a new school building bond coming forthwith.
Is there ever any taxpayer relief ? How many members of the school committee pay property taxes or are they renters. ?
Ms. Delusional Farron, must gravel at the public taxpayer feed trough with a featherbedded state funded job. Get Real.
The school committee and the other fools who run the schools are cutting teachers and other sensitive areas in an effort to make the taxpayers regret their bitching and moaning about high taxes. There may be 20 million dollars in fat in that budget that they will not touch because it is associated with patronage jobs and patronage contracts.
By the way…how much does the city pay to park the school buses on that bit of land off Merrill road? A boatload year after year after year. And who do they pay that money to? If the city wanted to cut some fat they could buy that piece of land or one like it but don’t hold your breath on that easy one.
Special interests are killing the taxpayers especially seniors.
That’s fascinating Dust. Who is the beneficiary of the ongoing, unchallenged rent pYments? That has to be a matter of public record.
I think its Petricca corp.
Most of those ” teachers” need that annual pay step AND raise like the rest of us need a breakout in herpes. Cost of living increases my behind. Ive never seen so many BMWs, lexus and yearly vacation packages like teachers buy. Poverty row indeed
True. The teachers in Pittsfield are living large. They need to start living in the real world like the rest of us.
Pat. Can you give us some examples please?
I will not name specific individuals, but even many of the teachers admit that they make very generous salaries in the Pittsfield public school system. Many of them don’t even live in Pittsfield. The high taxes that the rest of us are paying to keep feeding the ever increasing school budget are not a concern of many of the school employees as they don’t even live in Pittsfield. Even people in Pittsfield who are renters feel the effects of increases in taxes as landlords will raise their rents when their taxes go up.
It will be a cold day in hell when they take my free speech!!!!!!!!!!!
Have no fear, if the Mayor “cuts” the budget by not increasing it enough the city council can now come to the rescue and add money to the school budget. JIV learned quickly-mention cutting the vocational budget, the current hot button issue that will get the parade started during the budget hearings. It used to be the sports programs but that doesn’t work anymore because they pay for everything themselves.
Dave is 100 percent correct. And of course JIV will soften the blow with the new school and the wonderful vocational opportunities it will provide.
A . question re: Craig Gaitani. Have been led to believe that Mr.GHaitani made some rather disparaging remarks to the effect that Military Reservists do not rate the same privedges as a Veteran like him !! Please take note I am both a Vietnam Veteran as well as a proud reservist. Did he make such a remark ? If he did he loses a great deal of credibility !
The Marketing director for Southwest Bank was introduced as something else. Shouldn’t our City Treasurer know what this person does before inviting the lady to speak. And LOw, keep a low profile, you ‘re officially a lame duck.
i think she is from First Southwest Nota, and agree, Lothrop is a lame duck at this point.
Mr Lothrop has the position for another 8 months I would expect him to do his job wether he is a “lame duck” or not.
Oh, Lothrop’s lame alright!
Wow! The school department has done it again! Did I misread the recent Eagle article? The headline implies that cuts in spending are being made, hooray! Taxpayer relief! What a fantastic leadership. I guess if you continue to deal in millions people will believe you are doing a great job This latest article needs to go into Ripley believe it or not for spin.
For example:
A four million dollar increase in salary and expenses for one department in one year!
A loss of twenty-eight positions that later turns into a loss of eight with a gain of twenty new positions.
A substantial decrease in student enrollment.
A request for an additional two million dollars in the school budget.
Per a school committee member we can ask for more because we are eight million dollars below proposition two and a half.
Let me ask does this sound like a cut to anyone. Then the leadership wonders why the taxpayer is angry and concerned! I am sorry but waiting for elections just isn’T the correct answer.
Weird how there was a replay of the Mayor Reports show this evening but no replay of the city council meeting.
Passed on by someone at pctv, I heard they doctored the tape of the council meeting. Was the tape running during the five minute break? Something sneaky going on.
Dave, we are in trouble if we are watching Mayor Reports replays.
There’s always something sneaky going on. I understand that Mr. G gets emotional and comes across aggressive when addressing the councilors. That’s his love for the City of Pittsfield and its residence. That’s called very passionate for what you believe. Let’s get real. We know that Mazzeo is not the driver on this bus. Who do you think we are? No dummies, that’s for sure. First, she would have to consult with legal before introducing these changes. Making sure it’s legal. Secondly, where was she when the big bear (out of love) invited the city council to join him in the sand box? Politely this was an invite to a fight. And there were others. Did anybody felt treat enough to consider this action then? Why now? Mr. G? People grow up. Let’s concentrate on the important financial issues that Pittsfield is facing. And by the way, if I need a police officer in front of my house for protection against the big bad wolf of neighbor I have, would I get one?