Malden City Solicitor will investigate Open Meeting Law violation allegation by one City Councillor vs. another

Ward 8’s Sica claims Councillor-at-Large Colón Hayes engaged in ‘serial deliberation’ regarding potential appointment

By Steve Freker

The Malden City Council authorized personnel in the City Solicitor’s office to investigate the claim of one City Councillor that a second Councillor violated the Massachusetts Open Meeting Law in the hours leading up to another Council meeting. The vote was 9-2 in favor of this move, with Ward 1 Councillor Peg Crowe and Councillors Paul Condon (Ward 2), Ryan O’Malley (Ward 4), Ari Taylor (Ward 5), Stephen Winslow (Ward 6), Chris Simonelli (Ward 7), Karen Colón Hayes (At Large), Carey McDonald (At Large) and Council President Amanda Linehan (Ward 3) in favor, and voting opposed, Jadeane Sica (Ward 8) and Craig Spadafora (At Large).

A proposal to appoint a former City Councillor to fill the Northeast Metro Tech School Committee Malden seat left empty by the passing of former Police Chief James Holland caused some spirited debate at the November 18 Malden City Council meeting. Both backers and detractors of Mayor Gary Christenson’s proposal to appoint former Ward 4 Councillor Jeff Donahue to the unexpired term spoke out in person and by correspondence. The end result of a lengthy discussion was to refer the appointment request to the Council’s Personnel Committee for review.

Before that vote was taken, Ward 8 Councillor Jadeane Sica spoke on the Council floor and made the allegation that during the day and evening before the November 18 meeting Councillor-at-Large Karen Colón Hayes “clearly violated” the state Open Meeting Law. Sica alleged Colón Hayes engaged in direct contact via phone call, text message and email in “serial deliberation” with multiple fellow City Councillors “trying to sway opinion” over the potential appointment of Donahue. Councillor Sica called it “unlawful contact” outside of a public meeting” and added, “I will be seeking a formal complaint of the Open Meeting Law violation.”

At the November 18 meeting, Councillor Colón Hayes did not directly address the allegation.

At the most recent City Council meeting, on Tuesday, November 25, Councillor Sica had a docket item on the Council agenda regarding her allegation, asking if the Council would — or would not — want to discuss the complaint in executive session, or, in a meeting closed to the public. Executive session is in the Council’s purview if a matter involves personnel or has legal ramifications. The Council voted unanimously, 11-0, to discuss the allegation in open session.

Councillor Sica gave details of her allegation, stating she had “evidence,” such as copies of text messages, voice mails and emails that Councillor Colón Hayes sent to as many as “at least six City Councillors” regarding the Donahue appointment issue.

“That’s a quorum and though it may have been one-by-one, it collectively reached six, the very definition of an Open Meeting Law violation,” Councillor Sica said. “[The contact] was clearly intended to shape opinions, all of which must only occur in a public meeting.”

“When a Councillor becomes involved in serial deliberation with an unlawful private quorum, it compromises the integrity of our Council,” Councillor Sica said.

Councillor Sica called for the following response to her allegation, which she said would be ultimately validated:

— That Councillor Colón Hayes recuse herself from all further discussions and actions on the Donahue appointment

— That there be a public acknowledgement of the Open Meeting Law violation

— That the Council take corrective action regarding this Open Meeting Law violation

— That the Massachusetts Attorney General’s Office be provided the details of this allegation for an investigation to follow, if warranted

At this November 25 Council meeting, Councillor Colón Hayes did respond to the allegation: “I am not going to get into the details, but I definitely would like this referred to our City Solicitor’s office.

“The law is the law, as was just read. I do not believe at all that I went over a quorum,” Councillor Colón Hayes added, “and you’ll find that when we actually go through an investigation. I’m really looking forward to doing that and referring it out to the City Solicitor’s office so we can get a resolution to this.”

Councillor McDonald made the motion to refer the allegation to the office of Malden City Solicitor Alicia McNeil and got support from other Councillors.

“These are serious accusations, but there is due process,” said Ward 7’s Simonelli. “I don’t like to see people in trouble or to get people in trouble, but it behooves all of us to move with caution here.”

“I’ve never seen anything like this in 14 years on the City Council, but I’m no attorney,” Councillor Simonelli added. “But we have to use the City Solicitor here and would be best to not deliberate here, before I start putting my big foot in my big mouth.”

Ward 1’s Crowe said she also backed sending it to the city’s legal team. “We are bringing in [discussion about] another person [former Councillor Donahue] so we should not be deliberating here. It is someone from outside our own body.”

Councillor Sica, midway through the debate, wondered aloud why there appeared to be so little discussion on the details of the case. “All of sudden now we are all tongue-tied? Sending this to the City Solicitor now? That’s usually the last thing we do. If we were [in executive session] we would be having a more robust discussion.”

“This has nothing to do with Jeff Donahue. It’s an Open Meeting Law violated. I have voicemails and proof that [Councillor Colón Hayes] violated,” Councillor Sica added. “It will be weeks before we hear about it again. If we were in the backroom, we’d be talking about what happened. I don’t want to wait two weeks.”

Councillor McDonald then called the question for a vote, saying, “I don’t think it appropriate [to continue discussion]. Councillor Sica, if you have the receipts, it should be sent to the legal department.”

“We spend a lot of time on our own Open Meeting Law violations, gang,” Councillor McDonald added. “It’s kind of bananas.”