BRTA Board Sees Open Meeting Law Complaint

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The BRTA Advisory Board is reforming its search for a new administrator after an Open Meeting Law complaint. 

This includes a re-evaluation of all submitted resumes and amending the Berkshire Regional Transit Authority's governing bylaws. On Thursday, the board held a special meeting to address the complaint from a member. 

Rene Wood alleged that the search for a new authority administrator "was not properly noticed for the average person to understand."  

She said there was 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. 

"I felt that it was appropriate to inform the public of this major action being taken by this board, and that's why I suggested review and redo," Wood said after recusing herself from the boardroom table. 

Board members agreed to consider the resumes and consider amending the BRTA bylaws, which haven't been updated since 2013, during their regular meeting on Aug. 28. 

Administrator Robert Malnati is retiring next year after more than two decades with the transportation agency, and the search has begun for his successor. According to meeting minutes, Malnati announced his upcoming retirement to the board on May 22 and said the Finance Committee would appoint a search committee. 

In the complaint, Wood reported being told that the July 9 meeting was private and did not need to be posted. She asserted that there are no private meetings for an organization subject to Open Meeting Law.

Malnati explained that the ad hoc search committee meeting over Zoom narrowed the applicant pool to the top four or five applicants. The meeting was not posted. 

"That was the extent of the meeting and the next steps, what were the next steps," he said. 


There was a total of 16 applications, which were narrowed down based on qualification. A job posting describes the administrator as being the "face of the agency," with strong leadership, integrity and responsibility, communication, and resiliency. The incoming administrator would earn between $140,000 and $160,000 annually. 

Search committee members were approved at the Finance/Audit Committee's June 25 meeting, and Wood believes there wasn't enough information in the agenda for the average person to know what they were searching for. 

The agenda reads "Approval of Search Committee Members- VOTE." 

"Reviewing all the available agendas posted on BRTA's website going back to 1/30/25, there is no mention in any agenda of what this Search Committee is to do, just as there is no mention of the search for a new BRTA Administrator to replace Mr. Malnati, or that authorizations to proceed will be discussed or voted upon," the complaint reads. 

Wood included an iBerkshires.com article from June 23 announcing the administrator's retirement in the complaint packet. 

In reviewing the BRTA bylaws, she found that the Advisory Board, Budget Committee, and Compensation Committee are the only bodies listed. The complaint asks, "There is no formal status for a Finance/Audit Committee; As such, is it legal to hold a meeting on 6/25/25 with an agenda including 'Approval for Search Committee Members- VOTE'?" 

She asked that the BRTA start the administrator search activities over, only have committees that are listed in the bylaws, review and redo actions taken this year that violate OML, and require members to attend OML training. 

"I think my bigger concern is, what do we do to update the bylaws to address the issue that we are having committees meet that don't exist?" said Mayor Peter Marchetti, the city's representative on the advisory board. 

"... If you have an ad hoc committee that's the search committee, if it doesn't exist in your bylaws, by whose authority is that search committee working?" 

The applications will be shared with Advisory Board members and, at the next scheduled meeting, they will decide which candidates will move forward to interviews. 


Tags: open meeting complaint,   

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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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