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Ciara Batory calls on the School Committee to release the investigation report of PHS at Wednesday's meeting. Batory filed a public records request with the state.

Pittsfield School Officials Refer PHS Report to State Records Supervisor

By Brittany PolitoiBerkshires Staff
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Mayor Peter Marchetti asks that the committee not discuss the report in executive session, as he felt it did not fall under OML exemptions.

PITTSFIELD, Mass. — The state now controls what can and can't be released on the Pittsfield High School investigation.

On Wednesday, the School Committee voted to refer the investigative report to Manza Arthur, supervisor of records with the secretary of state's office, and ask her to return a proper redacted report to release to the public.

The Pittsfield Public Schools have been ordered to release non-exempt parts of Bulkley Richardson & Gelinas' investigation into alleged staff wrongdoing by May 8 after community advocate Ciara Batory filed a public records request.

"Although people will say this isn't true, it is not the case that the School Committee is trying to stop anybody from knowing whether it's safe to have their kids go to school, but there is a concern about just how far that assurance has to go," Chair William Cameron said during Wednesday's meeting.

"And we'd like to be in well, in fact, we will act in accordance with the law as it's ultimately determined to be, but I don't believe that the letter we got is a satisfactory basis for our proceeding."

The School Department initially denied Batory's public records request on April 1, and following an appeal to the secretary of the commonwealth's Public Records Division, Arthur ruled on April 24 that the district failed to justify withholding the report in full and ordered that any non-exempt portions of the report be provided.

"That is not a suggestion. That is not an option. You are legally required to release the report. Yet the families affected and this entire community are still being denied the truth they deserve. Let me be very clear: withholding that report, after a direct order from the state, is not just unethical, it is unlawful. Every day you delay, every excuse you give, further destroys the public's trust in this school system," Batory said during open microphone.

"It does something else: it discredits the many teachers and staff who work hard every day to support and protect their students who care deeply, but are too afraid to speak out for fear of retaliation. Your silence sends a message that doing the right thing in this district comes at a cost. That protecting the system is more important than protecting the people in it."

She added that what happened at Pittsfield High is not just a single incident, and that "It is about whether the people in charge believe students and families deserve honesty or whether damage control comes first."

The item was scheduled to be discussed during executive session, using the Open Meeting Law's exemption "To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares."

During public comment, The Berkshire Eagle's Greg Sukiennik pointed to the OML's guidance on the exemption used to justify the private session. It stipulates that:

"Discussions relating to potential litigation are not covered by this exemption unless that litigation is clearly and imminently threatened or otherwise demonstrably likely. That a person is represented by counsel and supports a position adverse to the public body's does not by itself mean that litigation is imminently threatened or likely. Nor does the fact that a newspaper reports a party has threatened to sue necessarily mean imminent litigation."



Mayor Peter Marchetti requested that the item not be taken in executive session, saying, "I have the executive session laws in front of me and I don't see — I went looking to see if there was another option to pick. I don't see one, so I would choose not to go into executive session to discuss something that I'm not sure is a valid executive session discussion."

Cameron said the district has had enough "synthetic controversies" and doesn't see a point in generating another one. He reported that the district received three of reports from Bulkley Richardson & Gelinas, and another two were expected the next day.

Committee member William Garrity was surprised that the secretary didn't call for an in camera review, in which documents are reviewed in private to determine if the revelation of documents in open court will be allowed.

"I feel we should explore that option with the secretary of state's office because it would give a neutral third-party opinion on what we can and cannot release in this report," he said.

"I think there is a balancing act."

Garrity said in a similar investigation that if he knew his name would be printed in the press, he would be hesitant about being interviewed out of fear of retaliation.

"And I think we need to understand that. I think some of the people who may have been interviewed don't want to be retaliated against for providing information," he said.

"Whether, for many reasons I won't get into, but I think that's something we need to figure out."

He pointed out that they will also have the executive summary, which will "hopefully avoid a lot of these problems" and be informative for the public.  

Cameron agreed, adding "In order to make a fair determination of whether these should or shouldn't be public records in whole or in part, I think whoever is making the judgement would need to see what the records actually are." He reported that the district is already on notice that "we would probably be sued by one of the parties involved here"

"We have received notice from three people who came forward of their own volition as part of the investigation against whom nothing was charged, who are insisting that what they had to say be redacted and taken out of the reports because they fear retaliation," he said.


Tags: investigation,   PHS,   public records,   

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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