State Orders Pittsfield To Release Contested Documents

By Joe DurwinPittsfield Correspondent
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The Human Rights Commission earlier this year. The secretary of the commonwealth ordered the release of documents — mostly emails, letters and meeting minutes — related to a discrimination case brought against Mayor Daniel Bianchi.

PITTSFIELD, Mass. — Following a several month process of appeals and review, the Public Records Division of the secretary of the commonwealth has ordered the release of requested documents pertaining to the city's Human Rights Commission's investigation of a complaint against Mayor Daniel Bianchi.

"The City and the HRC are hereby ordered to provide the responsive records to Mr. Durwin in a manner consistent with this order, the Public Records Law and its Access Regulations," stated Supervisor of Records Shawn Williams in a formal letter, citing insufficient legal support for the denial of these records by City Solicitor Kathleen Degnan.

This order follows a multistep process in the wake of a public records request filed on July 2, 2014, requesting all documents provided to the Human Rights Commission related to its investigation of a formal complaint against Bianchi filed by Medford resident Doreen Wade.

On July 8, City Clerk Linda Tyer responded to indicate that this request had been denied, following an advisement by Degnan that these records were exempt Massachusetts General Laws Chapter 4, Section 7, Clause 26, Paragraph (c), that "personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy."

"If someone makes a public records request, during the middle of an investigation, my answer would be no," Degnan explained to the commission at its July 22 meeting. "Who would want to file a complaint to this body knowing that everything they say and everything they mention would be scrutinized by the public?"

According to the state records authorities, however, the rationale provided in the solicitor's denial failed to meet the requirements of the law cited. Following an appeal by this correspondent, the supervisor of records on Aug. 22 issued a decision overturning the record denial, indicating that this law clearly states "the burden shall be upon the custodian to prove with specificity the exemption which applies."

"It is my finding that the City has failed to satisfy its burden in responding to this records request," Williams wrote. "The City has provided no specificity with respect to the applicability of the exemption claimed and is not permitted to issue a blanket denial without providing any further information with respect to the requested records."

At this time, the state ordered that the requested records be turned over, or that an appeal be filed providing more specific information for the denial. Opting for the latter option, on Sept. 3, Degnan issued a response, expanding on the relevance of the previously cited exemption, and citing an additional exemption to MGL c.4, sec.7cl(26)(f), for "investigatory materials compiled out of the public view by law enforcement or other investigatory officials."

"The Human Rights Commission has the power to create a subcommittee; one of them being tasked to investigate the claims of a Complainant," wrote Degnan in the Sep. 3 appeal. "Said subcommittee is exempt from Open Meeting law as they do not deliberate upon any matter, they simply ask questions."

At the time, no subcommittees of the Human Rights Commission existed. A subcommittee to investigate Wade's complaint was first formed at its Nov. 13 meeting.



Additionally, concern about the possibility of a lawsuit was cited as a reason for the denial in the appeal.

"The City submits that, if the notes, memoranda and documents that were received and/or created during the course of this investigation were disclosed, that both the Human Rights Commission, as well as the City of Pittsfield, risk the initiation of litigation by the Complainant on the grounds that her personal privacy was violated," wrote Degnan.

In response, on Oct. 6, an attorney for the Supervisor of Records' office notified this correspondent that it had requested the City to submit to an "in camera" (i.e., private) review of the records in question in order to help make a determination on the validity of the exemption.

Following this review, the Supervisor of Records issued a determination on Dec. 11 that the exemptions cited were insufficient to warrant continued withholding of the records

"In a letter that accompanied the in camera materials you identified records that the HRC believes are not exempt from disclosure," wrote Williams.

Furthermore, the continued inactivity of any investigation since the abrupt adjournment of the HRC's July meeting prompted the commonwealth to find that statements in the city's appeal indicating release of the records would adversely affect "the HRC's ability to conduct a fair and thorough investigation" were no longer valid.

"It appears that many months have passed since this complaint was filed," Williams stated, "and no information was provided to this office by you, the City or the HRC to indicate that any investigation is active at this time."

Accordingly, the commonwealth ordered on Dec. 11 that the city release all requested documents. On Dec. 29, Degnan issued a notification of its intent to disclose 200 pages of records pertaining to the complaint against Bianchi by Wade.

Here is Part One and Part Two of a story on what was in the documents.
 

Notice of Decision- Pittsfield HRC Records

 


Tags: human rights,   municipal complaint,   public records,   secretary of state,   

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Lanesborough Town Meeting to Vote Budget, Bylaws & Vehicle Purchases

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — Tuesday's annual town meeting includes a $14 million operating budget, new short-term rentals, accessory dwelling units and sign bylaws, and free cash article appropriations.

Voters will gather at Lanesborough Elementary School on June 9 at 6 p.m. to decide on 20 warrant articles.

The fiscal 2027 budget is up a little over 10 percent. Some of the main increases are the Mount Greylock Regional School District and McCann Technical School: the McCann assessment is up more than 30 percent based on factors including enrollment and the school renovation project, and Mount Greylock's is up 11 percent.

Article 11 is for the town to vote to approve from free cash the sum of $16,298.48 for the McCann Technical School roof and window replacement project so as not to impact the budget. Article 3 is  appropriate $7,586,284 for Mount Greylock Regional School assessment.

Another notable increase was in life and health insurance, showing an increase of about 26 percent.

Ambulance Director Jen Weber is planning 24-hour coverage, which means more staff and a hike in her budget. One of the articles asks the town to appropriate $234,100 to operate the Ambulance Enterprise Fund for salaries and expenses.

Many town departments are looking for new vehicles. The Fire Department is looking to replace its outdated 1996 fire engine. There are two articles related to the truck at a total of $813,366. Article 12 would transfer $225,000 from free cash into the Fire Truck Stabilization Fund; Article 13 would transfer $605,000 from the fund and authorize the borrowing of $208,366.08.

The total includes a $100,000 contingency cost to cover any additional costs if a 2026 model-year chassis cannot be secured before new emissions standards go into effect in 2027.

The board at its last meeting moved the $225,000 transfer to come before the borrowing article, changing the stabilization number. If the $225,000 is not voted on, then they will amend the next article's number on the floor, subtracting the $225,000. This shows the borrowing number significantly lower.

Article 17 asks for the transfer of $80,000 from free cash to replace a police cruiser.

Police Chief Rob Derksen's aim is to replace one vehicle every other year, meaning the oldest vehicle gets replaced about every 10 years. 

He stressed that if delayed this year, the town may have to double up in a future year to get back on schedule, and that paying later usually costs more. The article will ask for $80,000 from free cash, the vehicles used to be funded by the BHRD.

Lastly, the Highway Department is looking to replace a 2014 International dump truck that will be a total of $330,000 and will take two to three years to receive.

Money will be used from last year's approval of $250,000 from free cash for the replacement of a 2012 highway front-end loader that was underspent $49,261. Town meeting is being asked to approve  a transfer of $53,274.85 from free cash and the use of $227,464 from funds from the Sale of Town Real Estate to fund the balance.

Other free cash proposals include $1,200 to purchase software to support tracking and ongoing maintenance schedules of town-owned vehicles; $42,000 for the replacement of the Highway Department's storage shed roof, $200,000 to reduce the tax levy.

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