NORTH ADAMS, Mass. — The City Council has a right to counsel — but the General Government Committee is weighing how much is enough.
The council had objected last year when the city switched over to KP Law as city solicitor, limiting council members' access to the Boston law firm. The council members had been used to contacting former City Solicitor John B. DeRosa, who'd been kept on retainer for 35 years before stepping down in March 2018.
Instead, the council had been limited to requesting opinions through the administration, which often provided answers based on state law but not on a legal opinion from the solicitor. Councilors were particularly irate last year that the administrative officer, who does not have a legal degree, should determine whether a query required an attorney's response.
They had pointed to the city's ordinances that state the solicitor "shall also appear as counsel" to governmental bodies or departments when requested by the City Council.
"The City Solicitor shall, whenever so required by the mayor, the City Council or any officer of the City government who may need the same in the discharge of official duty, furnish them or any of them with his legal opinion, upon any subject touching the duties of their respective offices," the ordinance reads.
With the administration pointing to the costs of such open access, the council approved a $5,000 budget in the fiscal 2020 budget to cover its legal queries.
The mechanism for making those queries was the focus of the General Government Committee on Monday. Chairman Paul Hopkins said he had reached out to Pittsfield Councilor at Large Peter White to see how that body functioned regarding the solicitor.
"So there was a perception during this term, initially, that individuals with significant training, but nonetheless without a law degree, were making the decision as to what constituted a question requiring a legal opinion, and therefore hindering — or the perceived hindering — of access to the solicitor," said member Jason LaForest, then referring to White's note to Hopkins, "I suppose that what we should do is just write into our home rules that the councilors may solicit an opinion from legal counsel, but that they should be diligent in doing that and mindful of the costs."
Committee member Joshua Moran, however, thought any referral to the solicitor should run through a selected individual, either the president of the City Council or a committee chairman. He didn't think the current councilors would be running to the phone for an opinion but he was concerned about future councilors using access to the solicitor as a way to defy a future administration or to run up a bill the city would have to pay.
"I just don't want someone receiving a paper on Thursday or Friday morning calling up the solicitor and being like this is an agenda item and I want to know about it in like two, three hours later," he said. "All of a sudden these bills are adding up."
Rather, he said, the council president, in consultation with the council, or a committee chairman with the backing of the committee could first seek feedback and then request an opinion if not satisfied with the administration's answer.
"I just don't want to see someone that disagrees with what the administration says constantly peppering them to try more and more and more to get an answer that they're not satisfied with," Moran said. Plus, he said, there had not been many times the council had sought a legal opinion on its work.
LaForest agreed it was a serious concern and that he also would prefer some sort of check on the access to the solicitor, as long as that limitation was within the council's purview. But, he noted, the language implies that the solicitor can be contacted individually so he wondered if it would require a council or home rule to amend that to "in consultation" with the council president.
The General Government Committee also agreed the $5,000 in funds would disappear quickly if the solicitor was continually contacted.
"I'm a big fan of having some level of checks and balances whenever tapping into financial resources of the council or city," said Councilor Benjamin Lamb, who attended the meeting. "So I think going through the president or through the chair are both valid approaches."
His preference was for a council rule, rather than an ordinance, because the solicitor may shift over time. Committee members also agreed with Hopkins that clarity was important, and considered that any request would go to the city clerk and be made out on a form that would specify the matter an opinion was being sought on. Moran said this would also be a way to track how often and what issues are being referred.
Lamb said any request should also be referred to the council president and to the mayor's office to ensure it isn't redundant.
"If I wanted it from the Community Development Committee, and I'm the chair of that committee, I shouldn't be approving my own request," he said. "I should be getting it through the [president] of the Council."
The committee agreed to drafting a form for requesting a legal opinion at its next meeting before making any recommendations to the full City Council.
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McCann and Taconic Awarded CTI Grants
Staff Reports
NORTH ADAMS, Mass. — The Healey-Driscoll Administration announced $525,482 in Career Technical Initiative (CTI) implementation grants awarded to two organizations in the Berkshires to train 80 individuals for careers in high-demand occupations within the trades, construction, and manufacturing sectors in the region.
In North Adams, McCann Technical School was awarded $344,871 to provide training to 60 participants for Automotive Technician, Advanced Manufacturing, and Welding positions. They will partner with T&M Auto Sales Inc., Berkshire Bridge & Iron Co. Inc., Haddad GMC, Haddad Subaru, Bedard Brothers Auto Sales Inc., Lenco Armored Vehicles, TOG Manufacturing, Sinicon Plastics, Adams Plumbing & Heating Inc., and Gills Point S Tire.
"We are excited to be working with our MassHire team to continue to address our workforce needs and build talent pipelines and career pathways in Advanced Manufacturing, Welding and Automotive Technician," McCann Superintendent James Brosnan said. "This CTI award will provide hands-on training and support as we continue to expand our skilled talent pool for employers in the Berkshires."
In Pittsfield Taconic High School was awarded $180,610 to provide training to 20 participants for Metal Fabrication and Auto Technology positions. They will partner with O.W. Landergren Inc., Lenco Industries Inc., Bedard Brothers, Haddad's Auto Group, and RW's Auto Inc.
"Pittsfield Public Schools is incredibly grateful to the Healey-Driscoll Administration and Commonwealth Corporation for the CTI award to Taconic High School. This grant will have a significant and lasting impact on our community by providing skilled technicians to address critical shortages in Berkshire County," said Superintendent Joseph Curtis. "We are excited to partner with Lenco Industries, Haddads, Bedards, RW Auto, O.W. Landergren, Northeast Fabricators, and the MassHire Berkshire Career Center. These partnerships will serve as a catalyst for positive change, ensuring that our trainees are well-prepared for the challenges and opportunities of the 21st-century workforce, while simultaneously strengthening our local economy."
The CTI grant program, a state-funded workforce initiative, partners with career and technical education schools to provide adult learners, especially unemployed and underemployed individuals from underserved populations and underrepresented groups, with career training and technical skills to meet the needs of Massachusetts employers. The program transforms career and technical education schools across the state to become "Career Technical Institutes" that run after dark programs in the construction/trades, manufacturing, and skilled trades career pathways.
"Addressing our workforce needs and building talent pipelines and career pathways in construction, trades and manufacturing sectors is a priority for this administration," said Governor Maura Healey. "CTI offers hands-on training that will support our jobseekers, workers and employers. We're proud to expand the CTI awards to these two schools in the Berkshires to strengthen our workforce and grow our economy throughout the state."
The School Committee earlier this month approved upping the pay scale by $35 to $55 a day and creating a new base of $130 for substitutes with fewer credentials.
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Dunkin' Donuts celebrated its reopening after undergoing a recent remodel by presenting the Friendship Center Food Pantry with a $3,000 donation. click for more