BY DAN VALENTI

PLANET VALENTI NEWS AND COMMENTARY

(FORTRESS OF SOLITUDE, WEDNESDAY, DEC. 23, 2015) — Happy Birthday, V-  O_- \ = —. <3 <3 <3.

With that coded reverse-coda dispatched, THE PLANET presents mayor-elect Linda Tyer‘s response to the AG‘s recent finding that the Pittsfield City Council broke the state Open Meeting Law on two occasions. The two complaints were filed this summer by former school committeeman Terry Kinnas regarding improperly conducted FY16 budget meetings.

Tut, Tut … But, But

The AG slapped council president Melissa Mazzeo on the wrist with a “tut tut tap tap.” She and her colleagues typically laugh off such law breaking. What, follow the law? This is Podunk. Why would we do that?

Why do that? Simple. Because these violations occurred during budget deliberations, there’s a chance the FY16 budget itself might be derailed.

This budget is the final one filed by mayor Dan Bianchi. As we have previously seen, he left Tyer the problem of funding the final two years of the new public school teachers’ contract, building in raises of  more than 15%. Now the AG’s office tells THE PLANET that on the basis of the illegal hearings, the state could declare the budget process null and void.

Welcome to Podunk.

Questions and a Refreshing Response

THE PLANET asked Tyer four questions:

1. What do you make of the AGs ruling?

2. Does it surprise you?

3. What is the city clerk’s role in compliance regarding public meeting posting and the OML?

4. As mayor, what do you intend to do about these repeated violations and disregard for lawful procedure.

“Thank you for giving me the opportunity to comment on the attorney general’s ruling, the role of the city clerk, and my intentions as mayor.

“The attorney general’s ruling is fair.  In this case, a mistake was made by my office and it was not intentional.  In our defense we have literally hundreds of meeting postings every year and this is the first time since 2010, when the Open Meeting law became effective, that a clerical error was made by my office.  In this particular situation, the proper notice was posted on the bulletin board outside of my office.  The mistake occurred when the meeting dates and times, without the specific topics of discussion, were posted to the city’s website and electronic bulletin board.  These two posting locations are meant to comply with the “at all hours” provision of the Open Meeting Law.

“Pursuant to the open meeting law, one of the responsibilities the city and town clerks is ‘to post in a location conspicuously visible to the public at all hours in or on the municipal building where the clerk’s office is located; or if an alternative posting method, such as a website, has been adopted, at the alternative location, with a description of the alternative method posted in a manner conspicuously visible to the public at all hours on or adjacent to the main and handicapped accessible entrances to the building in which the clerk’s office is located. Meeting notices must also be available in or around the clerk’s office so that members of the public may view the notices during normal business hours.’  In Pittsfield, we post notices in three places:  on a bulletin board outside the city clerk’s office, the city’s website, and on an electronic bulletin board that has been placed in a window near the handicapped entrance to city hall.  As you can see from the attorney general’s ruling, the City of Pittsfield has not notified the attorney general that it is has adopted an alternative posting location.  I was unaware that this adoption and notification was required.  I’ve learned something new from this ruling.  At it’s first meeting in January, I am going to recommend that the city council adopt an alternative posting location that will apply to all public bodies.

“Finally, as mayor I am committed to working with the incoming city clerk, Jody Phillips, to ensure that the city is in compliance with the open meeting law.  I would not characterize Pittsfield as intentionally disregarding lawful procedure. There is a human element to the work that we do.  Mistakes may happen from time to time and when they do we will continue to take corrective action.”

THE PLANET applauds Tyer’s willingness to respond, something her predecessor refused for the final three and a half years of his term. We also find Tyer’s willingness to own the problem refreshing. This type of honesty bodes well for her executive tenure. However, Mazzeo as council president bears equal share of blame. She should not have allowed the meeting to be held. She should have conferred with Tyer, reposted, and conducted a proper — that is, a legal — hearing.

But as we say, this is Podunk.

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“Is this a time to be cloudy and sad, / When our mother Nature laughs around?” — William Cullen Bryant, opening couplet, “The Gladness of Nature.”

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.

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