New Bedford Retirement Board fined for Open Meeting Law violation. Here's why.

Frank Mulligan, The Standard-Times

NEW BEDFORD - The New Bedford Retirement Board violated the state Open Meeting Law when it appointed Christopher Saunders, according to a Superior Court judge.

Judge Daniel J. O'Shea fined the board $500 for the "intentional" violation of the Open Meeting Law.

But the court did not nullify Saunders' appointment, as had been requested.

The Open Meeting Law complaint was filed with the state Attorney General's Office by City Solicitor Eric Jaikes, who also filed the complaint heard in Superior Court.

The New Bedford Retirement Board violated the state Open Meeting Law when it appointed Christopher Saunders, according to a Superior Court judge. Judge Daniel J. O'Shea fined the board $500 for the "intentional" violation of the Open Meeting Law. But the court did not nullify Saunders' appointment, as had been requested.
The New Bedford Retirement Board violated the state Open Meeting Law when it appointed Christopher Saunders, according to a Superior Court judge. Judge Daniel J. O'Shea fined the board $500 for the "intentional" violation of the Open Meeting Law. But the court did not nullify Saunders' appointment, as had been requested.

Retirement Board argued complaint motivated by political concerns

The Retirement Board had argued that the complaint was motivated by political concerns, and was exploiting a technical issue, according to the judge's ruling.

The Mitchell Administration contends that the board is adding to the city's financial burdens by voting for retiree Cost of Living Adjustments, according to the board.

"The board sees this action arising purely out of a technical issue which the plaintiffs are now exploiting in an effort to afford the mayor the opportunity to appoint the board's fifth member," according to O'Shea's ruling, which was issued Tuesday.

City's contribution to retirement system is $37,905,975

Jaikes' complaint stated that the city's annual contribution to the retirement system has reached $37,905,975. He said that's larger than the annual budgets for the New Bedford police and fire departments.

The five-member board consists of the New Bedford city auditor as an ex officio member, a mayoral appointment, two members elected by beneficiaries within the system, and a fifth member elected by the other four.

The judge noted that if the other members don't elect a fifth member within 30 days of the prior fifth member's term having ended, the appointment is made by the mayor subject to City Council confirmation.

Former member Susan Thompson's term was ending Jan. 31. The board interviewed applicants throughout January but couldn't decide on an appointment.

Board posted meetings for Feb. 12, Feb. 13

The board posted meetings for Feb. 12 for "fifth member interviews," and Feb. 13 for "fifth member vote," according to documents filed with the court.

According to meeting minutes, the board interviewed Saunders on Feb. 12. Saunders, an attorney, is also Bristol County's treasurer, and chairs the county retirement board as an ex officio member.

The Retirement Board had argued that the complaint was motivated by political concerns, and was exploiting a technical issue, according to the judge's ruling. The Mitchell Administration contends that the board is adding to the city's financial burdens by voting for retiree Cost of Living Adjustments, according to the board.
The Retirement Board had argued that the complaint was motivated by political concerns, and was exploiting a technical issue, according to the judge's ruling. The Mitchell Administration contends that the board is adding to the city's financial burdens by voting for retiree Cost of Living Adjustments, according to the board.

He was the sole interview and left at 4:45 p.m.

The board then discussed a storm forecast for Feb. 13. It had already been announced that City Hall would be closed the next day, according to the minutes.

Board voted on Feb. 12 instead of Feb. 13 as posted

The board decided to adjourn the first meeting, and reopen a second meeting to vote on the fifth member's appointment.

It approved Saunders' appointment in a 4-0 vote following a brief discussion. The board then adjourned at 5:12 p.m.

Retirement Board Director Eric Cohen, who is also an attorney, had advised the board that it could be violating the Open Meeting Law by voting Feb. 12 on an item posted for Feb. 13, according to the complaint.

Board Chair Leonard F. Baillargeon indicated he would be responsible if the board were found in violation of the Open Meeting Law, according to the complaint.

Route through court faster than AG's Office

Jaikes filed the complaint with the court in behalf of the "Committee of Registered Voters," stating he was a member.

The court provides this avenue to address an Open Meeting Law violation, and can act more quickly than the AG's Office.

Jaikes' complaint stated the board violated the Open Meeting Law by taking up the vote on Feb. 12, which hadn't been on the agenda, and for holding the second unposted meeting on Feb. 12.

He requested that Saunders' appointment be nullified, and Baillargeon be fined not more than $1,000 "for his intentional violation of the Open Meeting Law."

Second meeting was the violation, not the vote

Judge O'Shea ruled the vote on Feb. 12 was not in violation when it became clear the four members agreed on Saunders' selection.

The board did violate the Open Meeting Law, however, when it closed the Feb. 12 meeting, and then reopened the second meeting to make that vote. The second meeting was held without giving proper public notice.

Mayor Jon Mitchell said, “The decision is hard to fathom. The court held that in proceeding with the vote, the Retirement Board intentionally violated the law, and yet it ruled that the vote may stand and issued a fine that ultimately will be paid by city retirees."
Mayor Jon Mitchell said, “The decision is hard to fathom. The court held that in proceeding with the vote, the Retirement Board intentionally violated the law, and yet it ruled that the vote may stand and issued a fine that ultimately will be paid by city retirees."

Mayor Mitchell: 'decision is hard to fathom'

Judge O'Shea stated he was basing the $500 fine on that violation, adding he understood "full well the reasons why the board chose to do what it did …"

Mayor Jon Mitchell said, “The decision is hard to fathom. The court held that in proceeding with the vote, the Retirement Board intentionally violated the law, and yet it ruled that the vote may stand and issued a fine that ultimately will be paid by city retirees. Every city taxpayer should be dismayed by the stunt the board pulled. The city is now evaluating additional steps to protect their interests."

This article originally appeared on Standard-Times: New Bedford Retirement Board fined for Open Meeting Law violation

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