Attleboro City Council to make illegal e-mails public
BY GEORGE W. RHODES SUN CHRONICLE STAFF
Tuesday, October 14, 2008 2:39 AM EDT
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:
wfk21 wrote on Oct 17, 2008 9:14 AM:
watcher2 wrote on Oct 16, 2008 9:39 PM:
wfk21 wrote on Oct 16, 2008 9:10 AM:
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 wrote on Oct 16, 2008 7:50 AM:
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:
GopSue wrote on Oct 15, 2008 2:07 PM:
Mr. Scorpio wrote on Oct 15, 2008 1:56 PM:
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:
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:
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:
Been There wrote on Oct 15, 2008 7:31 AM:
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:
watcher2 wrote on Oct 15, 2008 5:32 AM:
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:
splumb wrote on Oct 14, 2008 7:13 PM:
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:
capecod7 wrote on Oct 14, 2008 6:07 PM:
GopSue wrote on Oct 14, 2008 5:47 PM:
casino1 wrote on Oct 14, 2008 5:47 PM:
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:
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:
thomas wrote on Oct 14, 2008 4:47 PM:
thomas wrote on Oct 14, 2008 4:01 PM:
attlebrockton wrote on Oct 14, 2008 3:47 PM:
Been There wrote on Oct 14, 2008 3:39 PM:
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:
sam snead wrote on Oct 14, 2008 1:13 PM:
RICKYL1024 wrote on Oct 14, 2008 12:53 PM:
been there wrote on Oct 14, 2008 12:46 PM:
mike wrote on Oct 14, 2008 12:21 PM:
wfk21 wrote on Oct 14, 2008 12:09 PM:
Mr. Scorpio wrote on Oct 14, 2008 12:07 PM:
GOPSue wrote on Oct 14, 2008 10:56 AM:
GOPSue wrote on Oct 14, 2008 10:37 AM:
malonegirl31 wrote on Oct 14, 2008 10:03 AM:
doug wrote on Oct 14, 2008 9:42 AM:
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:
doug wrote on Oct 14, 2008 9:31 AM:
ricknkim wrote on Oct 14, 2008 9:28 AM:
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:
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:
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:
splumb wrote on Oct 14, 2008 8:05 AM:
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:
capecod7 wrote on Oct 14, 2008 7:18 AM: