Pittsfield Sees Legal Threats Over PHS Report

PITTSFIELD, Mass. — City officials say they have received informal threats of legal action if the redacted Pittsfield High School investigation report is released. 

The report was placed on the March 25 School Committee meeting under executive session, and member Ciara Batory argued that the body already voted to release the report by Feb. 18, not review it privately and vote on it again. 

During the meeting, Mayor Peter Marchetti, committee chair, reported that there were threats of legal action if the redacted report were released.  

On Monday, iBerkshires reached out to the mayor's office to clarify the threats. One of the report's subjects and two school unions have said they would consider legal action. 

"We have received written communication from a lawyer representing an individual who is a subject in this report that they will 'pursue all available legal remedies.' In addition, we have received notice from two of the school unions that have indicated they will consider all appropriate legal actions," Catherine VanBramer, director of administrative services/public information officer, responded via email. 

 "Any decisions to release the report would require a majority vote of the School Committee." 

Five past and present PHS staff members were investigated for alleged misconduct, and allegations were found to be "unsupported," according to executive summaries released by the last term's committee. 

Scheduled for the last School Committee meeting was an executive session to discuss an "item of litigation, release of investigation reports." Before the private session, Batory asked if there was active litigation or a specific legal claim. 

Marchetti, chair of the committee, reported: "There are threats." He said some of the School Committee members went to the Mercer Administration Building to read the report, and Batory said they had already voted to release a redacted version of the report. 

He said the motion was for the report to be reviewed by the School Committee before it was released to the public. Batory disagreed and said her motion in January, at his recommendation, was to release a redacted version and have the School Committee review it to ensure they aren't handed a blank piece of paper. 

Batory voted against the executive session on March 25 because she said the report's release had already been voted on. The committee later took up her request to release the report with required redactions. 

She said she did not put the item on the agenda, and that the public expects school officials to handle this with fairness, consistency, and accountability. 

"… My motion is that we already voted, and that nobody wants to follow Robert's Rules, and that we follow a procedure, and people expect us to follow a procedure, because that's what's fair, and that's all I have to say about it," she said. 

Robert's Rules of Order is the standard guide for parliamentary procedure. 

Marchetti said they had the conversation in executive session that "one person voted for one thing, six of us voted for another," and said they can move on or vote on another motion to release the redacted report. 

Batory maintained that she objected to voting on a matter that was already decided, and added: "We can't change votes just because the outcome is uncomfortable, that's not how the process works."  

"I want to express concerns about what appears to be an inconsistent application of procedure," she said. 

"When rules are applied differently depending on the situation, it undermines the integrity of this body and the public trust in our decisions." 

She reported that there were "serious" other concerns raised, such as individuals who came forward during the investigation not feeling heard or taken as seriously as they should have been.

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