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School Committee Takes Open Meeting Complaint to Exec Session

By Stephen DravisiBerkshires Staff
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WILLLIAMSTOWN, Mass. — The Mount Greylock Regional School Committee engaged in an apparent violation of the commonwealth's Open Meeting Law Friday in its effort to respond to a complaint of a prior violation.
 
At 12:06 p.m., the committee moved to executive session to consider its response to an OML complaint filed by the editor of iBerkshires.com.
 
The Attorney General's Office's 2018 "Open Meeting Law Guide and Educational Materials" lists 10 acceptable reasons for public bodies to hold a meeting in executive session. Responding to an Open Meeting Law complaint is not on that list.
 
"The law states 10 specific purposes for which an executive session may be held, and emphasizes that these are the only reasons for which a public body may enter executive session," the guide states on Page 11 before listing and explaining the 10 purposes for closed-door meetings.
 
iBerkshires.com on July 13 filed an OML complaint against the School Committee related to its executive session meetings in June and July prior to the departure of the school district's superintendent on July 11.
 
At the committee's July 13 meeting, member Al Terranova mentioned in open session a prior decision by the School Committee to conduct a search for a full-time superintendent in 2021.
 
Since such a decision was never discussed in an open meeting, and, in fact, the committee had never contemplated in open session an imminent departure of then-Superintendent Kimberley Grady, the only logical inference is that such a discussion was held in executive session.
 
It is debatable from a reading of the AGO's guide that such a topic would have been an acceptable point of discussion for executive session. But, in any event, the stated reason for the committee's meetings on June 3, 17 and 25 and July 1 was, "to conduct strategy sessions in preparation for negotiations with non-union personnel (Superintendent)."
 
The only conceivable executive session purpose that would allow the kind of discussion hinted at by Terranova is the first purpose listed in Massachusetts General Law: "To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual."
 
The statute specifies that if this is the reason for an executive session, the individual involved needs to be notified in advance and given the right to legal counsel at the executive session.
 
On Monday, July 6, School Committee Chair Christina Conry replied to a request for information about the four executive sessions in June and July by writing, "The Superintendent was not invited, nor participated, in the executive sessions previously mentioned." Again, this indicates that the purpose of the executive sessions held was not tied to the "discipline or dismissal" exemption to the Open Meeting Law.
 
On Friday, shortly after Conry called the committee's virtual meeting to order in open session, she accepted a motion from Carolyn Greene to adjourn to executive session with intent to return to open session for the purpose of discussing "a complaint brought against the public body," as stated in the meeting's agenda.
 
The district's counsel, Adam Dupere, was present (virtually) when the meeting was called to order. He also was present when the panel returned to open session at 12:32. It was not clear — and not stated by the chair — whether he participated in the executive session or was moved to a virtual "waiting room" with other attendees during the closed-door portion of the meeting.
 
Public bodies have 14 business days to respond to complaints of Open Meeting Law violations. Since the iBerkshires.com complaint was filed on July 13, the deadline will be July 31.
 
In other business on Friday afternoon, the School Committee voted unanimously to appoint Interim Superintendent Robert Putnam the district's secretary/clerk and discussed the 12 to 14 questions it plans to ask candidates for the permanent superintendent position next week.
 
Conry said the committee, which sought questions from members of the community, had 54 questions submitted, including questions from committee members, the district's teachers union, students and community members.

Tags: MGRSD,   open meeting complaint,   

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Guest Column: Full Steam Ahead: Bringing Back the Northern Tier Passenger Railroad

by Thomas HuckansGuest Column

You only need a glance outside to see a problem all too familiar to Berkshire county: closing businesses, a shrinking population, and a stunning lack of regional investment.

But 70 years ago, this wasn't an issue. On the North Adams-Boston passenger rail line before the '60s, Berkshires residents could easily go to Boston and back in a day, and the region benefited from economic influx. But as cars supplanted trains, the Northern Tier was terminated, and now only freight trains regularly use the line.

We now have a wonderful opportunity to bring back passenger rail: Bill S.2054, sponsored by state Sen. Jo Comerford (D-Hampshire, Franklin, and Worcester), was passed to study the potential for restoring rail from Boston to North Adams. In the final phase of MassDOT's study, the project is acquiring increased support and momentum. The rail's value cannot be understated: it would serve the Berkshire region, the state, and the environment by reducing traffic congestion, fostering economic growth, and cutting carbon emissions. The best part? All of us can take action to push the project forward.

Importantly, the Northern Tier would combat the inequity in infrastructure investment between eastern and western Massachusetts. For decades, the state has poured money into Boston-area projects. Perhaps the most infamous example is the Big Dig, a car infrastructure investment subject to endless delays, problems, and scandals, sucking up $24.3 billion. Considering the economic stagnation in Western Massachusetts, the disparity couldn't come at a worse time: Berkshire County was the only county in Massachusetts to report an overall population loss in the latest census.

The Northern Tier could rectify that imbalance. During the construction phase alone, 4,000 jobs and $2.3 billion of economic output would be created. After that, the existence of passenger rail would encourage Bostonians to live farther outside the city. Overall, this could lead to a population increase and greater investment in communities nearby stops. In addition to reducing carbon emissions, adding rail travel options could help reduce traffic congestion and noise pollution along Route 2 and the MassPike.

The most viable plan would take under three hours from North Adams to Shelburne Falls, Greenfield, Athol, Gardner, Fitchburg, Porter, and North Station, and would cost just under $1.6 billion.

A common critique of the Northern Tier Rail Restoration is its price tag. However, the project would take advantage of the expansion of federal and state funds, namely through $80 billion the Department of Transportation has to allocate to transportation projects. Moreover, compared to similar rail projects (like the $4 billion planned southern Massachusetts East-West line), the Northern Tier would be remarkably cheap.

One advantage? There's no need to lay new tracks. Aside from certain track upgrades, the major construction for the Northern Tier would be stations and crossings, thus its remarkably short construction phase of two to four years. In comparison, the Hartford line, running from Hartford, Conn., to Springfield spans barely 30 miles, yet cost $750 million.

In contrast, the Northern Tier would stretch over 140 miles for just over double the price.

So what can we do? A key obstacle to the Northern Tier passing through MassDOT is its estimated ridership and projected economic and environmental benefits. All of these metrics are undercounted in the most recent study.

Crucially, many drivers don't use the route that MassDOT assumes in its models as the alternative to the rail line, Route 2. due to its congestion and windy roads. In fact, even as far west as Greenfield, navigation services will recommend drivers take I-90, increasing the vehicle miles traveled and the ensuing carbon footprint.

Seeking to capture the discrepancy, a student-led Northern Tier research team from Williams College has developed and distributed a driving survey, which has already shown more than half of Williams students take the interstate to Boston. Taking the survey is an excellent way to contribute, as all data (which is anonymous) will be sent to MassDOT to factor into their benefit-cost analysis. This link takes you to the 60-second survey.

Another way to help is to spread the word. Talk to local family, friends, and community members, raising awareness of the project's benefits for our region. Attend MassDOT online meetings, and send state legislators and local officials a short letter or email letting them know you support the Northern Tier Passenger Rail Project. If you feel especially motivated, the Williams Northern Tier Research team, in collaboration with the Center for Learning in Action (CLiA), would welcome support.

Living far from the powerbrokers in Boston, it's easy to feel powerless to make positive change for our greater community. But with your support, the Northern Tier Rail can become reality, bringing investment back to Berkshire County, making the world greener, and improving the lives of generations of western Massachusetts residents to come.

Thomas Huckans, class of 2026, is a political science and astronomy major at Williams College, originally from Bloomsburg, Pa.

Survey: This survey records driving patterns from Berkshire county to Boston, specifically route and time. It also captures interest in the restoration of the Northern Tier Passenger Rail. Filling out this survey is a massive help for the cause, and all responses are greatly appreciated. Use this link.

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