North Adams Revotes New School Committee Members
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| Damon Grimes, left, and Paul Moriarty are sworn in for a second time to serve on the North Adams School Committee. |
NORTH ADAMS, Mass. — A joint convention of the School Committee and City Council elected — again — Damon Grimes and Paul Moriarty to fill vacant seats on the School Committee.
Officials had reconvened on Tuesday over concerns that the first votes on Oct. 5 done by secret ballot were a violation of Opening Meeting Law.
"When we did the voting, we did it by ballot, and I failed to advise you to put your initials or your name on the ballot for the record," Mayor Jennifer Macksey said.
Councilor Peter Breen objected to a simple revote and said they should start the process all over from the beginning — and also send a letter to the attorney general noting that Open Meeting had been violated and rescind the oaths given last week.
"We can't nominate people. We filled those positions two weeks ago, and we give the oath of office," he said, adding he had spoken with the state. "We don't undo the oath office. The only one that can do it is the attorney general."
The other solution, Breen continued, was to go to court.
"I'm suggesting what we do is we recognize that we made a mistake. We open the meeting up and then proceed to do it right because we can't just pick off the list," he said. "That's not the procedure. We can't fill a vacancy that legally is not there."
The mayor said she had spoken with the Joel Bard, with city solicitor KP Law, who opined that a revote would be appropriate and that a second swearing in would nullify the first.
Councilor Lisa Blackmer said the candidates can't continue to serve and vote because they weren't elected properly. She questioned whom Breen had spoken to.
"You asked a particular question. They interpreted it. We don't know how because we don't have it in writing," she said. "I don't want to make a decision on what you talked to somebody about without something being in writing."
Macksey pointed out that no one had reported them; she had queries from Blackmer and Councilor Andrew Fitch the same night as the vote and realized the error.
"We are trying to right the ship," said the mayor, noting the meeting was not illegal as it was properly posted. The error was in the final process of voting. "The advice I was given was that we just needed to re-vote and vote publicly of our people, and that's what we're doing. ...
"Even if we did get a violation, it is to fix the process. And they look favorably on municipalities when they themselves take corrective action immediately, which is the point we're trying to do tonight. We're taking our own corrective action by holding a new vote because the last vote was invalid."
Macksey, chair of the School Committee, said it was important to fill the seats because the committee had business to attend to just like the council. She also said the two unsuccessful candidates had been invited to the meeting but did not attend.
Breen also pointed to an error in terms on the agenda, which were given as the vacant seats' expirations. Members of the convention said they would amend the terms to end at Dec. 31, 2027; the final year of one term will be on the ballot for the municipal election next November.
Council President Ashley Shade noted that the agenda listed the terms of the resigned committee members — but not the terms to be filled by the candidates elected by the convention.
"All I'm saying is let's do this correctly," Breen said.
The mayor pointed out the council has revoted when there have been questions and amended dates during meetings. She also noted anyone could file an Open Meeting violation, even Breen.
"I'm sure Mr. Milazzo will be happy to help; he knows how to do it," she said, referring to Michael Milazzo, who was sitting in the audience.
"Why do you talk like that?" said Breen, to which the mayor responded, "Because I'm defending my people, Councilor Breen."
Shade moved the question, which was seconded by School Committee member Tara Jacobs. The convention voted to proceed.
Voting were City Councilors Blackmer, Breen, Fitch, Alexa Macdonald, Marie McCarron, Bryan Sapienza and Shade; and School Committee members Alexandra DiAddezio, Jacobs, Macksey, David Sookey, and Alyssa Tomkowicz.
The two candidates were re-elected, with Breen abstaining during both votes.
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