Cardimino's Open Meeting Complaints Rejected
 |
NORTH ADAMS, Mass. — Regular meeting gadfly Robert Cardimino is 0 for 2 in his complaints that the City Council violated Open Meeting Law.
He has frequently stated that council's limitations to his speech regarding time limits and content (citizens are allowed to speak to agenda items at the beginning of the meeting and issues of municipal concern at the end) violates his constitutional right to free speech.
The attorney general's office on May 14 and most recently on May 28 rendered opinions that it was within Council President Michael Bloom's prerogative to order Cardimino to stop speaking or to prohibit him from speaking.
In both cases the opinions state the same section of Massachusetts General Law c. 30A, 20(f) in supporting that "the Open Meeting Law does not require that a public body allow public participation" and that "the President of the Council had discretion to decide who could speak ... ."
The first opinion on May 14 referred to an incident on June 12, 2012, in which Bloom interrupted Cardimino and stopped him from continuing. Cardimino had taken aim at Councilor Marie Harpin, whose name was on a list he had requested of taxpayers who were late on their tax bills.
During the public comment period he had called Harpin, who had paid her bill in a full a few days late, a "deadbeat." Bloom had called him out of order and told him to sit down but Cardimino kept arguing and the council adjourned. He engaged Harpin in a shouting match after the meeting, prompting the the council to ban him from City Hall until December.
The decision on May 28 actually refers to an earlier incident, on Feb. 12, 2012, although Cardimino did not file the complaint until April 9, 2012.
At that meeting, again during open forum, Bloom was concerned that Cardimino was going to touch on "personalities, libelous remarks and innuendo" in regard to an councilor who had been accused of saying an offensive word at previous meeting. There has been no proof the word had been spoken by anyone at that meeting.
Again, Bloom told Cardimino to stop speaking, at which point he became combative. Bloom recessed the meeting and a police officer was called to escort Cardimino from City Hall.
Both opinions were signed by Jonathan Sclarsic, assistant attorney general in the Division of Open Government.
Tags: attorney general, Cardimino, legal opinions, open meeting,
