North Adams Panel Rejects Conduct Ordinance Draft
NORTH ADAMS, Mass. — The General Government Committee won't recommend a draft proposal on codes of conduct for officials but encouraged committee member Ashley Shade to continue researching the issue.
Shade had proposed guidelines for professional conduct shortly after taking a seat this year on the City Council and had been charged with bringing language back to the council.
The council's Rules of Order relating to conduct simply state that members should avoid personalities and libel and address each other respectfully during meetings. But tensions between council members have spilled over onto social media, communications between them, as well as a some sharp words during meetings. City employees have also been on the receiving end.
Shade's proposal was to enact and ordinance based on recommendations by the Massachusetts Municipal Association and the several other communities she had researched.
"It essentially would apply to all elected and appointed officials," she said at Monday's meeting. "It creates a standard of conduct to help people understand better what their roles are as elected and appointed officials of the city and what their expectations are in terms of behavior, language, etc."
Shade thought it was important that there be a process for hearing and investigating complaints, preferably by someone nonpolitical such as a paid member of staff. She proposed the reporting be done to the city administrator and that appropriate measures be taken include censuring or not reappointing an offending official, or whatever other punishment was allowed by law.
Committee member Peter Oleskiewiecz said he couldn't support the draft and noted it was based on a board of selectmen form of government.
"We do not work for the mayor or in administration. The administration can't make a decision on whether or not to replace us," he said. "If we were to be removed that's done in an election in November every other year. That's for the people to decide. ...
"I think the way that this is presented, it's unenforceable."
Councilor Bryan Sapienza, who attended the meeting along with Council President Lisa Blackmer and Councilor Jennifer Barbeau, said the one group of people the council answers to is the voters.
"I don't think that we need to codify this and again, the conflict with having a city administrator oversee the activities of council, I believe may even be a charter violation. Correct?" he said. "Because you're having one branch of the government tell the other branch what they can and cannot do and I don't think that could be passable."
Blackmer said the proposed ordinance more suitably applies to municipalities with managers or administrators.
"But the city's administrative officer plays a different role," she said, adding that position is a mayoral appointment in which the council has no voice.
"I have really mixed feelings about this. I think people should behave and be nice, but I also when I hear about this policy, I also think about glass houses and stones," Blackmer added. "Some of the people that want this policy have said some of the most egregious things in texts or in public places heard by other people. ... You can't dictate speech."
Shade said complaints could be brought to independent investigator the council wanted. She agreed there is no removal process in the city for elected officials but the ordinance would create a process for investigating complaints.
"So it doesn't just apply to councilors, it would apply to the mayor, apply to anyone on a board or commission, apply to everybody who's either elected or appointed," she said. "The penalties under this, what I came up with, are whatever is allowable under law."
At least twice in the last several decades, the council has had members make public comments that were deemed inappropriate: one was believed censured and the other, more recently, resigned.
"We are our own body who governs ourselves ... we have council rule. If we do violate things and the public doesn't agree with some of the things we do then, what happens is in the two years, they don't vote for you again," said Oleskiewicz.
Blackmer said there were other independent agencies employees could bring their complaints to, such as the Massachusetts Commission Against Discrimination.
"People have a right to file a complaint with the state level ... if it's criminal, you can report to the Police Department," she said. "Obviously if someone is being sexually harassed you take that to the state level or to the next level and I don't think we need to codify that because it's already there."
Shade acknowledged the draft wasn't perfect but saw it as a jumping off point to have further discussion since it was also referred to other committees including Inclusion, Diversity, Equity and Accessibility (IDEA).
"I would like more input and other people to work with, which is why I got something submitted," she said. "So we had something in paper that we could work off and make changes to."
The committee discussed the next step with Chairman Wayne Wilkinson asking if she wanted to withdraw without prejudice and come back with another draft.
Shade motioned to continue the item but got no second; Oleskiewicz motioned to bring back to council with a negative recommendation, which passed. Wilkinson said that did not meet the matter was over but rather he would report that it was rejected as presented with the caveat that Shade would continue to work on it.
"We know where we want to go, but we're having trouble getting there," he said, adding that creating an ordinance would be complicated and require a lot of vetting. "We will strive to continue to come up with something more palatable."
The committee is recommending the council amend its Rules of Order to change the deadline for making minutes available after a meeting from two weeks to 30 days. The change had been made during a prior council but a number of councilors have considered the timeline too tight, particularly during periods when committees are meeting more regularly.
The City Council minutes are done by the city clerk but committee meetings are done by councilors. The state has a standard of no later than the body's third following meeting or 30 days, whichever is later.
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