BRTA Board OKs Contract for Administrator, Reviews Open Meeting Complaint

By Breanna SteeleiBerkshires Staff
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PITTSFIELD, Mass. — The Berkshire Regional Transit Authority Board finalized the new administrator's contract on Thursday.

Kathleen Lambert accepted the position in September pending contract negotiations. The negotiations were halted at the board's meeting on Oct. 14 as they failed to have a quorum.

On Thursday, the board revised the language for the termination clause for performance reviews so they can be done as needed.

The BRTA also spoke about language for a response to an Open Meeting Law complaint made by board member Rene Wood.

Wood said the board violated Open Meeting at its meeting on Sept. 25, when they were speaking about the contract negotiations because it wasn't listed on the agenda. The agenda item was listed as "Administrator Search Update."

Executive Director Roobert Malnati was asked to respond to Wood and the violation. One of the requests was for legal counsel to offer an Open Meeting Law class to the board . 

"Legal counsel presented in person or Zoom class or Open Meeting Law, including this section that was offered back at our previous meeting in August, it will be offered again that we invite KP Law to provide an Open Meeting Law class if that is so desired," Malnati said.

Another note Wood added was for the board to remove a sentence from the Sept. 9 minutes regarding Pittsfield Mayor Peter Marchetti's statement that Wood asking in the meeting for the advisory board to vote on Malnati writing a letter of support for Rep. Leigh Davis' microtransit bill was in violation of Open Meeting law.

"The minutes are the minutes. And so you want clarity on that. We can certainly give clarity to who made that statement, but it was part of that meeting. It was part of that discussion, and it should stand, and it's an opinion that was stated," Malnati said.

Marchetti clarified that he should not have stated it in that way but that it was still discouraged from being discussed.

"The frequently asked questions is pretty clear that you should not be bringing up a topic, and the Attorney General's Office strongly encourages that you postpone any discussion or action on an item," Marchetti said. "What if it's controversial or maybe of particular interest to the public? And I think the issue that we were going to discuss with Rep. Davis is microtransit bill, which I think is highly something that the folks in the public want to know more about.

"So going forward, I would have been against the recommendation of the thing. My misspeaking and saying it's a violation of Open Meeting Law, it's not a violation, but it's strongly encouraged not to do it." 

The board motioned to for Malnati's response.

Malnati also brought up that the ridership number for September is 29 percent higher than the former September where it was not fare free. "Fare free is helping our ridership" he stated.


Tags: BRTA,   open meeting complaint,   

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Hinsdale OKs Police Department Audit After Fatal Shooting

By Brittany PolitoiBerkshires Staff

HINSDALE, Mass. — The town has approved $25,000 for an administrative review of the police department, more than two months after police fatally shot 27-year-old Biagio Kauvil during a mental health crisis. 

Town Administrator Robert Graves said the shooting on Jan. 7 is not the only focus of the audit, and it will be several months before the Select Board receives a final report. 

During a special town meeting on March 11, an article appropriating $25,000 from free cash for an independent consultant to conduct a professional evaluation and audit of the Town's Police Department was approved. The audit includes a review of the department's policies, protocols, operations, and procedures, and concludes with a written report. 

"The Berkshire County District Attorney's Office and Massachusetts State Police are investigating the shooting, and we await their conclusions.  As we look to move forward, the International Association of Chiefs of Police, our insurance company (MIIA/Cabot Risk), and our legal counsel have recommended that the town hire an independent law enforcement consultant or firm to conduct a comprehensive administrative review of our police operation," Graves wrote in an email to iBerkshires on Friday. 

"This event is not their focus; they will assess the overall operation. We want a written assessment of our police operation's strengths and weaknesses to help Hinsdale make future changes and improvements." 

He said after completing the procurement process and signing a contract with a reputable consultant or business, it will most likely be several months before the Select Board receives the final report. 

"Still, it will help the town and police department move forward," Graves wrote. 

Last weekend, family and friends of Kauvil stood in Park Square asking for justice. A flier for the standout reads "Biagio was killed by police while experiencing a mental health crisis. Now, over seven weeks later, authorities have not yet provided any updates.

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