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Attleboro City Council to make illegal e-mails public



City Councilor Jerry Chase. In background is Walter Thibodeau. (Sun Chronicle file photo)




Messages sent by Councilor Jerry Chase will be released
ATTLEBORO - Releasing illegal e-mails sent by City Councilor Jerry Chase last summer could help the city evade a lawsuit regarding the controversial North Main Street rezoning, council President Frank Cook says.

The comments came Friday in the wake of an announcement earlier last week that Chase violated the Open Meeting Law by trying to discuss the rezoning with a majority of council members via e-mail.

Chase's infraction was announced Tuesday after Cook took the blame for violating Chase's rights by calling an executive session in September to consider discipline against the freshman councilor without notifying him 48 hours in advance as required by the Open Meeting Law.

The remedy for both violations was to make them public, and to release related documents, but the e-mail violation had the potential for the most harm because it could prompt the losing side of the rezoning issue to go to court, Cook said.

"People on both sides could have potentially used that to appeal," Cook said.
He believes, after consulting with City Solicitor Robert Mangiaratti, that releasing the e-mails takes an appeal based on Chase's e-mails "off the table."

The rezoning plan by Orion Realty would change an acre of North Main from residential to general business. The proposal has riled residents who believe the change would be the beginning of the end for the historic Mortgage Hill neighborhood.

Two telephone calls to Chase were not returned.

No decision on the rezoning has been made.

In a series of three e-mails sent to most councilors, Chase first said he was against the rezoning, then changed his mind, and said he was for it.

The e-mails were illegal because Chase sent them to a quorum of the council, which constitutes an attempt to deliberate on the matter out of public view, Cook said.

One councilor, Shannon Heagney responded to Chase's e-mail, but Cook said her e-mail was legal because it concerned a statement Chase made in open session and was sent only to Chase, rather than to a quorum of other councilors.

When Cook received Chase's first e-mail on July 16, he fired off a note to all councilors warning them not to pursue any discussion of the zoning matter until an open session was convened for the purpose.

Chase, however, followed up his first e-mail with a second on July 17, but excluded Cook and council Vice President Walter Thibodeau from the mailing.

He excluded them from the third, as well.


 


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discord wrote on Nov 3, 2008 8:06 AM:

" You people are ri-goddamm-diculous. "

wfk21 wrote on Oct 17, 2008 9:14 AM:

" watcher2: Thank you for that information "

watcher2 wrote on Oct 16, 2008 9:39 PM:

" wfk21 asked about a debate...here is information that I ran across...hope this helps...Democrat Bill Bowles and Republican George Ross will debate on Monday, Oct. 27 at Bristol Community College's campus at the former Texas Instruments property in Attleboro. "

wfk21 wrote on Oct 16, 2008 9:10 AM:

" GOPSue:
Thank you for responding. I meant no malice by asking for a disclaimer. As you know some may be aware and others may not.
I do have a question for you, if you do not mind.
I have looked at both candidate's websites looking for information on a "debate" between the two. There is no mention of any such event.Is this going to happen? "

kim allard wrote on Oct 16, 2008 8:07 AM:

" capecod7 I can't discuss the meeting until the minutes are released that is why I can't say anymore. The one question I can answer is I voted to go into the meeting because the reason stated for us going into it was a legal reason. Once the minutes are released I will talk about it. If you saw the meeting on the 7th when we were discussing the minutes it was read from the minutes(by the President) that I said the meeting was wrong once I discovered the real reason. Sorry I can't say anything else until they are public. "

capecod7 wrote on Oct 16, 2008 7:50 AM:

" Ms. llard you are constantly saying that there is more
violations to the executive session meeting. If there are any more violations why aren't you saying what they are? Also why did you vote to go into executive session on that night? You could have questioned it there on the council floor? "

kim allard wrote on Oct 15, 2008 6:50 PM:

" Mr. Scorpio I assume you are talking about the minutes regarding the emails. Those are already public. The emails were read into the minutes that night. The executive session minutes will be released after they are approved and that vote happens Tuesday. As for a policy it is already in place it is the open meeting law. Violations are very serious and I know some have said we should move on but we need to handle the violations and as I stated I believe we will be told that there are more than just the 48 hour notice. That of course is my opinion. "

GopSue wrote on Oct 15, 2008 2:07 PM:

" In regards to wfk21comment regarding a "disclaimer" ...My posting below that you are questioning was to "Been there" in answering his question regarding that he didn't even know if Ross was still on the Council. I don't believe other than saying that George Ross was running and his phone number that I actually made any comments that needed a "disclaimer". I sign on as GOPSue as that's my nick name and most know me as such. And I have commented in occasional postings on other articles about the Republican City Committee and never hide that either. "

Mr. Scorpio wrote on Oct 15, 2008 1:56 PM:

" To Kim Allard:
Kim, when will the meeting minutes be released to the public? Also, will there be a policy in place in the future that would detract City Councilors from sending illegal e-mails to their peers, when it involves important city issues? "

kim allard wrote on Oct 15, 2008 12:17 PM:

" capecod7 if you have a question for me please feel free to ask. I am not sure who you spoke with "in the know" but I would be interested to hear that. It has been stated here Mr. Chase was on the school committee and is well aware of what a charter objection is.
I did state I would not vote for the minutes as presented because they were not accurate. I realize some want us to move on and I assure you we want to however any violation of the open meeting law is serious and should concern everyone. It means business is being done without your knowledge. I take that very seriously. "

wfk21 wrote on Oct 15, 2008 11:23 AM:

" GOPSue:
Sould you not have a disclaimer attached to anything you write about George Ross? i.e your affiliation with Ross on his bid to win election? Your association with Ross on the Attleboro Republican City Committee...et al? "

capecod7 wrote on Oct 15, 2008 7:41 AM:

" Am I correct because I heard this from someone in the know, did Councillorwoman Kim Allard advise Gerry to charter object when the minutes were trying to be read into the minutes. Isn't she supposed to help the leadership resolve this problem. Or is she against the leadership "

Been There wrote on Oct 15, 2008 7:31 AM:

" watcher2: You are correct that my STATEMENT was inaccurate, but it was an attempt to get folks like Sammie to understand that the root cause is the lack of communication, and will to correct a systemic situation.

Who is driving the problems? I'm sure if we look wed find there are common issues. A committee meeting on the ARA (a totally corrupt org) is more important than something that has already been exposed, yet it is blown off.

It is the same corruption, with different headlines. "

capecod7 wrote on Oct 15, 2008 6:58 AM:

" When is Gerry Chase once again going to say "I'm sorry for once again screwing around with the electorate. Should someone go to Sam Sutter Bowles friend and file a complaint or is this just Chase being Chase. "

watcher2 wrote on Oct 15, 2008 5:32 AM:

" "Been there" indicated that committee meetings are "not open to the public"...They absolutely ARE! Perhaps not to open for public comment, but definitely open...which is the problem with email..it is NOT open to public and ALL elected officials (council, school committee and everyone else) need to know and remember this. Public business MUST be conducted in the public. Only certain reasons for closed sessions (nine reasons to be exact).
Gerry knows the rules of the game...He tends (and always has) to change them or at least play by his own!
As for competition, he was the only easily identifiable candidate from Ward 5. That is how he got on school committee and how he got on council. There was another candidate, who for whatever reason did not mount a real campaign...if he had he probably would have won. EVERYONE has the right to run, but the electorate has the obligation to become aware and make an informed vote...in ALL races!

I do hope the voters remember this next year! Only we can make city government work! "

splumb wrote on Oct 14, 2008 7:18 PM:

" BTW, Ross has not stated his stance on the IBP. One vote, if you don't stand behind it, does not benefit the city. It certainly places his character in question. "

splumb wrote on Oct 14, 2008 7:13 PM:

" GopSue:

I have personally attempted to contact Mr. Ross directly and in open letters over 25 separate times throughout the County Square Improvement Project. He ignored the residents of County Square as our land was ripped from us, and entire neighborhood became land-locked.

What did he think of the photos I sent to him, showing the curbstones stacked against my entry way? What were his thoughts when the city and ARA ripped my fencing, my lawn, and my tree, from the land I purchased 3 years before?

Other council members responded. Where was Mr. Ross? Is his term on the ARA the reason he did not feel comfortable representing me?

I can talk to the Mayor at any time, but not old George.

When you see him ask him to respond to my questions emailed to him both directly, as well as via his election web-site.

Have him call me, or reply to the email.

Thanks,
Steve Plumb "

casino1 wrote on Oct 14, 2008 6:51 PM:

" GOP Sue, You just don't get it. The problem is I DID talk with Ross, and he was rude and slammed the phone down. He didn't even bother to take the time to research the issue. He is just plain lazy and on a power trip. I called another councilor and my issue was addressed to a good conclusion. The facts are as they are.. Ross is just plain lazy and doesn't want to work. Last I heard he was out of work, so he should have time right now to return calls. He is the only one that I have had a problem with. All councilors return calls. It sometimes takes a day or so, which is understandable. Ross was just plain rude and that is a disgrace, and yes, if it matters to you I am in his ward "

capecod7 wrote on Oct 14, 2008 6:07 PM:

" Don't forget that George Ross is against the industrial park which falls in his ward. He has been fighting for that for a long time. I've talked with my councillor many times about issues in the ward but as you say they all have family and jobs. They have been elected to serve us the people. My thoughts and prayers are with the Ward 5 people. What a waste and a disgrace. "

GopSue wrote on Oct 14, 2008 5:47 PM:

" Regarding the post from "Been There" - George Ross is running for State Representative along with Bill Bowles. Both are on the City Council and I know for a fact that both typically return calls and emails from constituents. Over the year, I have talked to people who have complained that they sometimes don't get a return call when in the past they have contacted a Councilor. The truth is that most of the Councilors have full time jobs along with family commitments. I tell people if you left a message and didn't get a call ..call again! No one is perfect and sometimes messages fall through the cracks. If we want good quality educated people representing us on the City Council, we need to understand that many will have other commitments along with the "part time" job of being a City Councilor. I don't think anyone (most of the public anyway) could keep a house, raise children and other family obligations on the $7,500 pay alone. If you want to talk to George Ross he can be reached at 508-761-6076. "

casino1 wrote on Oct 14, 2008 5:47 PM:

" wow, a lot of issues in the blog here. I am persoanlly against the rezoning. Not because of the proposed project but for future use. seems a shame to me that we can't just grant the folks a special permit...or if we don't have such a permitting process ..why can't we create one. Seems like everyone is on the same page even the historical commission and the neighbors. Seems they just don't have a zoming to fit. Crazy we can do what is best for the city because of the tools we lack.
I agree Ross is useless. i called him once about an issue. He just said it can't be done and slammed the phone down. I called another councilor and my issue was solved. He is useless, and is on a power trip. "

been there wrote on Oct 14, 2008 5:04 PM:

" I had planned on attending, but Sammie referred to it as a committee meeting (aka not open to the public). That being the case, I will just sit back and complain like the rest. There seems to be no one willing to show any interest in addressing the root cause.

As for those complaining about Ward 5They are not alone. I have tried to get answers, help, a burp, or other intestinal replies from our man, Ross. I dont even know if he is still a council person, but he is one useless individual.
If you are out there George, and no longer a council member, please accept my apologies. There is no sense in bringing up old memories, if you are not on the hook. "

capecod7 wrote on Oct 14, 2008 5:03 PM:

" Mr. Chase ran against someone that didn't put up signs and didn't do much to help his cause. I think that he won because the turn out was low and he did have some name recognition. I bet the people who signed his nomination papers must be beside themselves. This unfortunately is a criminal act and anyone can file a complaint with the attorney generals office. I think Mr. Bowles knows who he is. "

thomas wrote on Oct 14, 2008 4:47 PM:

" Anyone blogging in his Ward? Maybe you can explain to the rest of us. Why you elected him. Is this a Council issue or is he being bereted for another reason. What was he like on the School Comm.?? I will have to go back and look at his profile in the paper. Would that still be searchable somewhere here? Who did he run against. My Coucnilor ran unopposed. But, many people knew him an respected by many. (Bergevine spelling?. So, many nobody wanted to run against him because he was a "good choice." But, I wonder if he wasn' tso well liked if someone would have ran against him? I wonder if many will run in Ward five now? Local politics! Reading the paper regarding the former mayor who passed away, he seemed to "go against the grain" also. Does anyone in Attleboro remember any "colorful" elected officials? Now that the Council meetings are televised and email invented. Imagine what is was like then. And, when was the firts female elected? Imagine the "good ole boy" days. There were places were females were not allowed. I wish I could have been a fly on the wall. Maybe Coucnilor Blais is smarter than you think. Maybe he has no email for a reason. He can't get in trouble. "

thomas wrote on Oct 14, 2008 4:01 PM:

" I watch the meetings at home or the reruns.Ward 5 elected Mr. Chase. The people are to blame. He had many signs during the election. Did the voters research him? I don't live in his Ward. But, they did elect him. He was not "hired." What was the voter turn out? We complain. We complain. We complain. Some individuals are just "whiners" but some people just like to "go against the grain." Then, there are people who care and voice their concern. you are right GOSSIP! Attleboro has always been like this. We "shoot ourselves in the foot." Where did they build the mall? N. Attelboro. We can't blame NAFTA for everything. "

attlebrockton wrote on Oct 14, 2008 3:47 PM:

" ARA meeting tonight anyone going? "

Been There wrote on Oct 14, 2008 3:39 PM:

" Let me see if I get this. This guy is in trouble for communicating, but the council is in trouble for not communicating. It has been mentioned that councilors have complained about not being notified about the ARA shmoose, that reportedly went very well, with one council person praising Mr. Milanoski. They are costing us millions! Wake up.

There appears to be a systemic problem; a bigger picture if you will. So by all means, sit out tonight's rumored open meeting, and sit back and throw stones as our taxes continually increase. After all, the lynching of a single council person is the headline, and sheeple will be sheeple.

Have fun with your gossip columns. "

ricknkim wrote on Oct 14, 2008 2:10 PM:

" Any insight as to when the council will FINALLY vote on the rezoning issue? No reason the IBP is empty, trying to get anything done for a business in Attleboro is like getting Mr. Bowles to come to his conclusion in a timely manner . . . not knocking you Bill, just stating the obvious! "

sam snead wrote on Oct 14, 2008 1:13 PM:

" Yes there is a meeting tonight. It is committee meetings, not a regular council meeting. "

RICKYL1024 wrote on Oct 14, 2008 12:53 PM:

" Repeatedly sending illegal e-mails and violating open meeting laws? Sounds like Gerry Chase is hard at work once again on the council. Shame!Shame! Shame! on you Gerry! "

been there wrote on Oct 14, 2008 12:46 PM:

" IS THERE A MEETING TONIGHT OR NOT? IF THERE IS WHAT IS UP FOR DISCUSSION? "

mike wrote on Oct 14, 2008 12:21 PM:

" The issue that resonates with me in this article is that Gerry Chase was warned by the council president "not to pursue any discussion of the zoning matter until an open session was convened for the purpose." That he simply removed the council president and vice-president from his next two emails shows a blatant disregard to authority. I don't care that he is a freshman councilor. He did this willingly and knowingly and should be punished. Any psychologist would have a field day with this man. From reading his letters to the Sun Chronicle over the years to his grandiose and somewhat paranoid behavior, it appears to me that Gerry lives in his own mind and is king "there." Wherever "that" is, who knows? "

wfk21 wrote on Oct 14, 2008 12:09 PM:

" An interesting side note to this. Councilor Blais does not have email, as noted during the reading into the record of the Chase emails. Is this possible that a councilor at this juncture in the development of technology and communications does not have email of any sort? It is 2008 closing fast on 2009 get in step councilor Blais!! "

Mr. Scorpio wrote on Oct 14, 2008 12:07 PM:

" Does Gerry Chase even care that his actions regarding the e-mails could have resulted in a law suit. His actions violated open meeting laws even after he was told to stop this process by Council President Frank Cook. Councilor Chase should apoplgize for his latest infraction, and he does not deserve to be re-elected next year. Note to the voters in ward 5....Throw the bum out.. "

GOPSue wrote on Oct 14, 2008 10:56 AM:

" TO Malonegirl - thanks for the follow up and I like the way you explained your thinking regarding the re-zoning. Going back to the issue of the emails, after watching last weeks meeting, I strongly believe it was right for the City Council to read into the record the emails so that the neighbors or the property owners can not sue the City later. If a Councilor is sending emails regarding his votes and views before the Public input session (and continues when told to stop) its not fair to pretend to sit there and want the public input in the first place. "

GOPSue wrote on Oct 14, 2008 10:37 AM:

" To Malonegirl - thanks for the follow up. I now understand your point about the re-zoning issue. Although I still think it was the right decision for the Council to disclose the emails at the close of the public session on the rezoning. If one side loses and it was found out that a Councilor was emailing about his views and votes it would give that side more teeth to sue to City. Also its interesting that some of the emails that were read during the meeting were not even sent to Councilor Cook but were forwarded to him by another Councilor (they didn't say who) that was concerned that Councilor Chase kept sending emails even after Mr. Cook told him that it was a violation and to stop. "

malonegirl31 wrote on Oct 14, 2008 10:03 AM:

" To GOPSue some of the councilors are very good at what they do and weigh the decisions very heavily. Some of the councilors care about re-election and re-election only. With regards to the zoning issue. People we need business in this community. We can make the sidewalks pretty, we can have the ARA keep building to nowhere in Attleboro. But why are we driving away small businesses. Please do not tell me these people should relocate downtown because there is no parking and no other businesses to draw anyone down town. "

doug wrote on Oct 14, 2008 9:42 AM:

" After some thought I have to agree with those in favor of rezoning the North Main St. property. Personally I prefer that it stay as is but...We can't kid ourselves....change will happen! I can't help a little chuckle when I see a neighborhood group get all panicky about development in their back yard. These folks are nowhere to be found on similar issues NOT in their back yard! What goes around comes around!!
Seriously, As long as the proposed development is visually compatible with existing architecture....what's the problem? "

GOPSue wrote on Oct 14, 2008 9:32 AM:

" In response to Malonegirl31 ....please explain your posting in more detail. I don't agree that most of the Council only cares about their own interest. I have found from being involved and watching the meetings that most are caring and actually listen to the input from the public. I believe that not every decision is based on "keeping out of law suits", although when a Councilor is sending emails to just about all the other Councilors telling them how he is going to vote, why and his reasoning (all before the public input is finished) - this not only goes against the Open Meeting Laws but also makes the public who comes in to talk, feel like the Councilor will not even be open enough to listen to their side. As for your not liking the process regarding the "rezoning" of North Main Street. Even though it has taken for ever to listen to both the owner and neighbors involved, the situation is that the owner of the property has a right to talk regarding why he wants the zoning changed and the neighbors have a right to talk regarding there reasons against it. Personally I'm not that concerned one way or another, but I believe that all have a right to be heard before the vote takes place. The rezoning is not a cut and dry issue, there were City Departments and even the Historical Commission against it and at the same time "

doug wrote on Oct 14, 2008 9:31 AM:

" Rookie councilman Chase is succeeding in alienating himself from the rest of the council. Bang up job Jerry!!! Ward 5 voters must be real proud of their selection!!Obviously Mr. Chase is totally out of touch with what being a councilman is all about. It certainly isn't about jabbing your fellow council members. Can't get anything done that way.His only success so far is wasting time!! "

ricknkim wrote on Oct 14, 2008 9:28 AM:

" Regardless of this ill-advised behavior, I think the rezoning is the right thing to do with Orion Realty bending over backwards to accomodate the "concerned" residents of the Mortgage Hill neighborhood. The objection by the neighbors are without merrit - Orion is willing to rennovate the property in good taste (similar to the Blackinton across the street) and voluntarily agree to a 60-year moratorium on what can be located on the property.

Do we want business in Attleboro or what folks? As if there aren't already several businesses already in the area (CVS, Blackinton Inn, Sturdy Paediatrics, etc.) The property and house have seen better days, does anyone honestly believe a private homeowner would do any better to make it an appealing sight and move a family to that busy area? No. Be happy that a realty group is willing to better the neighborhood by making it appealing on the eye and voluntarily limit what could possibly relocate there for the next 30/60 years. "

splumb wrote on Oct 14, 2008 9:15 AM:

" This is not an election year, but folks are going to hold the council accountable, but mainly for the ARA actions, which this diverts attention from.

I'm waiting for the announcement of tonights meeting and the one for the meeting held a few weeks back, in which council members were not notified of. "

Ashley wrote on Oct 14, 2008 8:47 AM:

" Ucbruin,
They read these in last week's meetings as evidence into the meeting. When the minutes become available for last week's meeting, they might be included in the minutes.

How did Jerry Chase think he would get away with this? He has put the city in a tough position again, and deserves any scolding he receives. This could really affect the decision for this new zoning and could cause potential lawsuits either way if it goes through or not. "

malonegirl31 wrote on Oct 14, 2008 8:14 AM:

" Please remember this at election time next year. These people obviously only care about heir own interests. They are so busy trying to keep the city out of law suits it is amazing anything gets done. Not only is this whole rezoning issue a ridiculous reflection on the city , but the whole way in which the process has been conducted is even worse. Please remeber we want people who will work for the city, not for themselves next election. "

splumb wrote on Oct 14, 2008 8:05 AM:

" This is pure insanity! Is there a council meeting tonight? If so, what is the agenda? When was the announcement made?
I've conducted searches in the digital edition, but have found nothing.

One councilperson claimed no knowledge of the meeting in which Mr. Kirby praised Mr. Milanoski for his presentation.

I realize this would be an embarrassment, but I'd suggest we either get it all right, or drop it!

Stop disgracing our city. "

ucbruin wrote on Oct 14, 2008 7:54 AM:

" Hopefully, all emails, those initiated by Mr. Chase and those initiated by other Councilors either as responses or additional messages will be included for the public to review. "

capecod7 wrote on Oct 14, 2008 7:18 AM:

" Did Gerry Chase really believe that not notifying the leadership of the council that he could just keep on e-mailing people and put the city of attleboro in one big lawsuit. Also how did the leadership know that he was e-mailing other councillors. "


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