BRTA to Update Bylaws After Complaint

PITTSFIELD, Mass. — The BRTA board met last week to update its bylaws and resolve an Open Meeting Law complaint.

Earlier this month the BRTA Advisory Board met to discuss an Open Meeting Law complaint expressed by board member Rene Wood who alleged that the search for a new authority administrator "was not properly noticed for the average person to understand." 

Her complaint stated that no agenda posted for a search committee meeting in July when potential candidates were moved forward, and insufficient information was provided for the June meeting during which members were appointed to the task. 

Last week, the meeting started with a board member Ray Killeen saying excluding the public was not his intention.

"It wasn't discussed, but I'd like to add within minutes that there was no intent to exclude anyone from the meeting, and anything considered just an error or small misunderstanding on our part, but I just want to make note there was no intent to exclude anyone, that's my opinion," said Killeen. 

BRTA Administrator Robert Malnati touched on the amendments to the bylaws, which have not been updated since 2013. Malnati said staff went to work right after the meeting to address Wood's complaint.

"Based on the information that we talked about at the board meeting, the applicants were emailed out to the board members, and the current bylaws were emailed out to the board members with instructions that you have suggestions on edits for the bylaws," Malnati said.

The edits that were sent by members will be considered when the new document is updated. The complaint also asked the process for selecting a new administrator be updated, This time, each board member was sent applicants resumes with unique identifiers instead of names and each were asked to rank the candidates for to review in last Thursday's meeting.

Malnati also reviewed the bylaws and came to a resolution.

"Later on the afternoon, I sent an email to the board with a unique identifier and the resume of the party that had applied past the cutoff, published deadline, and then at the end of that day, later in the evening, received an email from the complainant saying we addressed all issues, and I believe we came up with a resolution accepted," he said.

Wood made a motion to have the first draft of the BRTA bylaws done by KP Law, which was quoted to not exceed $2,500.

Wood also asked to add an amendment to bring a non-voting member of the Berkshire Regional Planning Commission to the advisory committee. 

It was also mentioned to make the location of the meeting and agenda more accessible.

The board is also required to attend an Open Meeting Law training to which Malnati has already completed and received certification.

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