Lanesborough FinCom Resigning Over Town Not Following Absentee Bylaw
LANESBOROUGH, Mass. — Finance Committee Chair Jodi-Lee Szczepaniak-Locke shared parting words with the Select Board last Monday after informing the board she would resign after the 2025 budget is resolved.
"I believe in truth and honesty and a lot of you know me and you've known me for years and that's what I think is the most important thing," she said. "So you all can have at this. I am done and I wish you all the best of luck but it's not worth it. It's not worth it to me to participate in this anymore."
Szczepaniak-Locke recently announced that she would be resigning to the committee. Her decision came from an attendance issue with a member of the committee not being resolved.
She has asked that the absences be considered vacating the position under the town's bylaw but town counsel's opinion is that the bylaw can't be invoked because these are elected not appointed positions.
"I’ve been very strong in my role as chairperson for the Finance Committee. I've turned my head towards many things, including when I joined the Finance Committee I was told by the town manager at that time, that was his role, to find a dress to wear instead of my surgical scrubs because the meetings were televised and I should look prettier," she said.
"And at that same meeting, I was told a doctor joke with reference to the male genitalia and they all thought that was funny but I didn't bring that forward. I didn't think I needed to. I'm a pretty strong person but recently my ethics were questioned and that I take seriously. I am a mother raising two young children in this town and I am a respected health care professional in this community and that's too important."
It was revealed that town counsel had advised the board not to follow the bylaw that states if there are more than six unexcused absences within a consecutive 12-month period, the next step is to notify the member that they are considered to have vacated the position.
"Our read of the bylaw is that this is within legal remit to be able to do this. Our town counsel very strongly cautioned against that. He said his interpretation of the Massachusetts General law said the bylaw did not extend to elected members," Town Administrator Gina Dario explained.
"I would not think that that bylaw was legal in the sense that an elected member could be removed from their seat without a recall provision in our bylaws."
She added that she hasn't been able to find the history of how the bylaw was put forward and the follow-up would be to determine whether or not there needs to be an amendment. Town counsel did say that if it was an appointed position, it could be upheld.
In preparation for the annual town meeting, Dario will be exploring whether or not this needs to be amended.
"Now, you might recall at the last annual town meeting we did have an article, the recall election," she pointed out. "That is still making its way through the Legislature, it’s special legislation, so that is still in place, and my understanding, not being a legislative expert in this realm, that that is a provision that would potentially address this type of scenario going forward. I don't want to go that far in saying that, but that's my understanding, when it’s elected positions that you need recall provisions."
Earlier this month, Szczepaniak-Locke spoke to the Select Board about the issue, explaining that the committee is "essentially down to a 33 percent attendance rate."
She feels it is important that residents know there are elected members of the committee who are not able to be fully present and that this could pose a "significant" problem throughout budget season.
One member had nine absences last year and several meetings had to be rescheduled due to not having a quorum when there was business to take care of.
The Finance Committee has five members elected on a rotating basis for three-year terms. Its main job is to make studied recommendations on all town financial matters and to prepare a budget for the annual town meeting.
"I did come here in regards to the Finance Committee attendance issue to utilize you all as a board in an advisory capacity and to put a bylaw into action," Szczepaniak-Locke said at last week's meeting.
"It is a town bylaw solely related to the Finance Committee. It's not related to any other elected committee. It's attached to the Finance Committee by law. It was not a bylaw that we, the current committee, put into action. It was there before I started. The member in question provided three different reasons for missing nine meetings in a row. Again, I wasn't seeking permission from the Select Board. The process was clearly stated within the bylaw."
She is opposed to not complying with the bylaw and is embarrassed by the situation.
"It feels right to resign from the mediocrity that I feel this town government has turned into. We have bylaws and we're supposed to follow them and if we continue to turn our heads up then what do we have? I'm embarrassed," she said.
"I think that we have rules and we're supposed to follow them."
Tags: Finance Committee, resignation,
