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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Colegrove Park Recognized as Top 10 School Statewide in Attendance
By Tammy DanielsiBerkshires Staff
Superintendent Barbara Malkas, left, Colegrove Principal Amy Meehan, Mayor Jennifer Macksey and Dean of Students Jonathan Slocum pose with the Celtics basketball award on Friday.
NORTH ADAMS, Mass. — The Boston Celtics gave gold to Colegrove Park Elementary School on Friday for scoring in the top 10 schools for attendance statewide. The school saw its chronic absenteeism numbers drop by 11 percent last year.
Tim Connor, assistant director for the Department of Elementary and Secondary Education's west and central district, arrived with a gold basketball signed by the champion team to reward the students for their achievement.
"An award like this doesn't come easy. It takes a lot of work from all of you, the students, the parents, and especially Ms. Meehan and her wonderful staff, so a big round of applause," said Mayor Jennifer Macksey, after leading the assembly in the gym to chants of "Colegrove rocks!" "I am so proud of this school and the community that all of you have built. So everyone should be really excited about today, and this is an excellent way to start your school."
Superintendent Barbara Malkas asked last year's fifth-graders at Colegrove to join her at the front of the gym for a special applause.
"When we track attendance of all the students in the whole district, these students have the highest attendance rate, the lowest chronic absenteeism rate in the entire district," Malkas said. "While all Colegrove students have been recognized as attendance all-stars, these students led the way in being attendance all-stars, so let's give them one more round of applause."
Colegrove switched this year to house Grades 3 to 6, so some of the younger students who helped earn the award are now at Brayton Elementary. However, all three elementary schools open last year saw improvement in attendance.
Schools statewide have been working to reduce chronic absenteeism — the percentage of students missing 10 percent of the school year, or 18 days — which peaked during the pandemic.
Last week, the nonprofit held a ceremonial groundbreaking for a 900-square-foot wooden structure with a full foundation and a composting toilet. The excavation process began this week, and completion is expected in 2026.
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The Boston Celtics gave gold to Colegrove Park Elementary School on Friday for scoring in the top 10 schools for attendance statewide. The school saw its chronic absenteeism numbers drop by 11 percent last year. click for more