Groups Urge Open Door Homelessness Task Force

March 15, 2007

Worcester Telegram & Gazette 

 

By Lee Hammel TELEGRAM & GAZETTE STAFF

lhammel@telegram.com

 

WORCESTER— Two legal groups are urging the city manager to open the meetings of the newly formed Task Force on Homelessness to the public.

 

Legal Assistance Corp. of Central Massachusetts is “very disturbed by the city’s decision to close these meetings to the public,” said Jonathan L. Mannina, executive director. “For government to work, it must be open and accountable to the people.

 

“Government business conducted behind closed doors runs the risk of leading to misinformed policies that are not responsive to community concerns.” While Legal Assistance Corp. is investigating the legality of the decision, “We urge the city to reconsider its decision.

 

“Whether or not the city’s decision ultimately rests on solid legal grounds, it is bad for Worcester and sets a dangerous precedent.”

 

Before announcing the task force, City Manager Michael V. O’Brien sought an opinion from City Solicitor David M. Moore. Mr. Moore said the task force advising the city manager is the same situation covered by a 1991 decision of the state Supreme Judicial Court.

 

He said the Supreme Judicial Court said that the deliberations of a committee to help the Hanover school superintendent nominate candidates for a high school principal’s job are exempt from the Open Meeting Law because that public official cannot delegate his authority to another person or group.

 

Yesterday, a spokesman for District Attorney Joseph D. Early Jr. said that the city is correct. “The district attorney’s office agrees that the task force meetings are not subject to the open meeting,” spokesman Timothy J. Connolly said.

 

Ronal C. Madnick, director of the Worcester County Chapter of the American Civil Liberties Union of Massachusetts said, “We do not see a comparison between the roles of a group helping a superintendent screen job applications and of a task force charged with crafting broad municipal policy relating to homelessness.” He called on Mr. O’Brien to reconsider.

 

The Open Meeting Law’s “purpose is to eliminate much of the secrecy surrounding the deliberations and decisions on which public policy is based. Its requirements grow out of the idea that the democratic process depends on the public having knowledge about the considerations underlying governmental action.”

 

Mr. O’Brien said, “Public hearings will be scheduled to allow the community to voice perspectives, priorities and concerns.” But the reason for closing the meetings to the public is “the manager wants this group to be able to review, discuss, and formulate solutions in an apolitical environment,” an aide said.

 

Task Force co-chairman Jordan Levy said, “My issue is to get the committee members working toward an end solution. If it’s more expeditious to do that behind closed doors, then that’s what we’re going to do, as long as it’s legal.”

 

Mr. Levy, a radio talk show host and mayor from 1988 to 1993, said there also will be open meetings to solicit public input. He said he does not know whether the regular meetings of the task force will be posted on the city clerk’s public agency meeting list.

 

Mr. Levy joked that closing the meetings could represent lost revenue to the city from residents who might pay to see him and William J. Mulford, the other co-chairman of the task force and a former city manager, sitting at the same table again, as they did during some contentious times in the City Council chamber 15 years ago.

 

Mr. Levy said the 21 task force members have received information about past efforts in the city to reduce homelessness. He expects to consult Mr. Mulford, but he believes the first meeting of the task force will not be held until April 5 to give members a chance to digest that information.

 

Both he and Mr. Mulford said they believe they can meet Mr. O’Brien’s mandate to conclude the task force’s business by the end of the calendar year. Mr. Levy added, “I’m comfortable that this is diverse enough so that we’ll come up with some unanimous resolution.”

 

Asked how that will be possible — with advocates of neighborhoods and advocates of social services, who have fueled intense debate in the city for a long time — Mr. Levy said, “If we leave our preconceived ideas at the door, and leave our egos at the door, our individual authorships at the door. And we come in with that kind of objectivity, I think that reasonable people can reach reasonable resolutions to this kind of problem.”

 

Mr. Mulford said, “I haven’t talked to anyone about” whether to post the meetings, but “when I was the city manager and the city solicitor gave me an opinion, I followed the opinion.”

 

“I’m sure that both Jordan and I will rely on the expertise and recommendations of the city manager and the staff people that he assigns.”

 

Mr. Mulford, whose nine years as city manager ended in January 1994, added, “Contrary to popular belief and editorial cartoons, the two of us did work together very well.”