PITTSFIELD, Mass. — The attorney general's office is rejecting a city councilor's argument that the Pittsfield Public Employee Committee violated Open Meeting Law in negotiating a change in health insurance coverage. 

 

Ward 5 Councilor Jonathan Lothrop filed a complaint alleging that a meeting held on Nov. 29, 2014, between the PEC and Mayor Daniel Bianchi was illegal. George Jordan III filed a similar complaint for Dec. 1, 2014, which was also rejected in the same response.

 

The PEC is a representative body of the private unions who represent workers doing public jobs. Lothrop alleged that the meeting between the PEC and the mayor should have been done in public because it involved public monies. 

 

However, the attorney general's office ruled that the PEC isn't subject to open meeting laws because it doesn't represent the city.

 

"The Open Meeting Law defines a 'public body,' in relevant part, as 'a multiple member board, commission, committee or subcommittee within the executive or legislative branch or within any county, district, city, region or town, however created, elected, appointed or otherwise constituted, establish to serve a public purpose," the determination read.

 

The PEC isn't intended to serve a "public purpose," the ruling said. The group of unions is formed by statute and is empowered to act collectively. But, not on the public's behalf.

 

"The committee was created for the purpose of negotiating with the City concerning changes to municipal health insurance carriers. The committee is comprised of individuals who represent the interests of union employees and retirees who negotiate with, rather than on behalf of, the city," the ruling read.

 

"Just as unions themselves represent and serve their members' interests, here the interests of the committee do not necessarily align with those of the city."

 

The meetings were held to negotiate a switch in health insurance plans. A series of meetings were held between the mayor and the committee to end coverage with the Group Insurance Commission and switch to Blue Cross Blue Shield. The committee and the mayor ultimately negotiated and approved a switch.

 

The City Council, however, felt there should have been a much more open discussion because the switch involved taxpayer money. When the GIC was first created, the city held multiple public meetings to discuss a switch to it. But to switch back, the administration hadn't.

 

"We find that the committee is not a public body subject to the Open Meeting Law and therefore could not violate the Law. We now consider the complaints addressed by this determination to be resolved," the decision reads.

 

The determination was released last week.