NORTH ADAMS - Gov. Deval Patrick couldn't forgive a city worker's past conviction, dashing his hopes to retire with a pension in a move described as "callous."
The governor vetoed a home rule bill late Wednesday that would have reinstated the retirement rights of Highway Superintendent Leo Senecal.
"This is the most callous act I've ever seen by a governor," said Mayor John Barrett III on Thursday. "He's hurt someone who doesn't deserve to be hurt."
Senecal pleaded guilty in 1998 to burying hazardous waste (oil) at the city yard. He said at the time that he was trying to save the city money. He was fined $9,000 for the cost of the cleanup, suspended and demoted, and placed on probation. He served no jail time for the criminal conviction.
State Rep. Daniel E. Bosley, D-North Adams, said he was frustrated and disappointed by the governor's action and vowed to override the veto.
"This is a case of redressing a wrong. It's very frustrating," said Bosley, who filed the bill. "I'm bound and determined to override this thing. ... We'll carry it over [into the new year]."
Pension Revoked
Senecal, a 40-year city veteran, continued to pay into the city's pension fund but was stripped of his rights earlier this year because of his conviction. Retirement Board members had reportedly been told they could be jailed if they OK'ed the pension in defiance of a 1996 law that prohibited convicted felons from receiving state pension benefits.
Bosley filed the bill asking the Legislature to exempt Senecal. The Public Employees Retirement Administration Commission had explained the particulars to the governor's people in support of the bill, he said. The City Council had voted 9-0 in support of the measure.
But what angered both Bosley and Barrett was that the governor never communicated with either one about the bill - or his decision to veto it.
"He never called anybody to find out what the situation was," said Barrett. The mayor said he learned of the veto Wednesday and spent a sleepless night before informing Senecal on Thursday morning.
The governor also didn't return a call from Barrett, instead having his chief of staff respond - which didn't sit well the the state's longest-serving mayor.
"I don't know where this guy's coming from," said Barrett, adding that the governor he supported has done little to back up his claim of bringing compassion to his office.
In his message to the Legislature on the veto, the governor wrote "I do not believe the public is well served by making individual legislative exceptions to a rule that is meant to apply uniformly."
Bosley, however, said those exceptions are very much the purview of the Legislature.
"This is the General Court of Massachusetts. We are the court of last resort," he said, for people who find themselves in difficult situations, such as Senecal has. "We turn down dozens [of requests] a year. We approve precious few because they have merit."
Senecal is the first - and so far only - public employee to be punished under the 11-year-old law designed to prevent corrupt public officials from retaining benefits. The Retirement Board will return the $41,000 or so he's contributed to the system, but he'll have no Social Security, no pension and no insurance. He's paid about $50,000 in attorney fees and will lose an estimated $700,000 in pension benefits, said the mayor.
'Slap in the Face'
Barrett described the veto as a "slap in the face" to Bosley, and wondered why the governor would anger a powerful lawmaker and co-chairman of the Committee on Economic Development and Emerging Technologies - where Patrick's life science bill and casino initiative are currently sitting. Bosley is an outspoken opponent of casino gambling.
The representative said he didn't think it was personal and didn't know why the governor would veto the bill. He and Sen. Benjamin B. Downing, D-Pittsfield, a sponsor of the home rule bill, have been lining up support for a veto override.
"This guy has paid a lot for one transgression in 40 years," said Bosley. "He's paid in money, and in embarrassment every time there's a story."
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North Adams Restaurant to Closing in Two Weeks
By Breanna SteeleiBerkshires Staff
NORTH ADAMS, Mass. — A downtown restaurant announced on Wednesday that it will be closing.
In a Facebook post, Door Prize stated its last day of service is Saturday, Nov. 14.
"We are not making this decision lightly and wish there was another way forward," read the post by owners Bryan "Swifty" Josephs and Jenny Klowden.
"We feel great pride for our successes and for a wonderful year of serving our community. Now on to the next adventure!"
They also thanked their staff and patrons who enjoyed their food
The restaurant opened over a year ago in Hotel Downstreet after Josephs and Klowden previously had a residence at Massachusetts Museum of Contemporary Art, where they sold some of their signature dishes, as well as working in area restaurants, bringing their food to farmers markets and operating a catering business.
The two named the restaurant after a John Prine song that they danced to at their wedding. Josephs described their fare as European comfort food, with one of their most popular dishes being pierogies.
They also successfully renovated the covered porch outside the restaurant for dining, raising $7,000 through a Kickstarter
While their post did not allude as to why they are closing, iBerkshires has reached out for more answers.
The 90-room hotel has reportedly been sold, with a closing expected by the end of the month. Owner Peregrine Group put the former Holiday Inn up for sale earlier this year after purchasing the property for $4.45 million in 2021. According to reports in The Berkshire Eagle, the cost of renovations to the 55-year-old property put a dent into revenues that limited the hotel's ability to cover obligations.
It's not clear if this has anything to do with the restaurant, which operates as a separate entity.
"We are not looking for a public discourse on our business model or the closure," the Door Prize post states, inviting patrons to personally contact the Josephs or Klowden rather than comment on the posting.
However, preparations for the project are starting now with the removal of trees, placement of utility poles and installation of drainage down Oak Street this fall — dependent on weather.
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Voters sent a strong message on Tuesday, with Democrats flipping seats across the country and easily returning the state's Democratic leadership to office. click for more
In a news release posted on its website tuesday morning, the Northwestern DA said, "prosecutors determined that no criminal conduct occurred," citing Massachusetts General Law Chapter 269, section 17. click for more
