Wednesday, October 19, 2011

CANDIDATES for NOVEMBER 8, 2011 MUNICIPAL ELECTIONS
BALLOT ORDER
http://www.cityofboston.gov/elections/

CITY COUNCILLOR-at-LARGE
Will Dorcena 63 Gordon Avenue District 5
Ayanna S. Pressley 1910 Dorchester Avenue District 3 Present City Councillor at Large
Felix G. Arroyo 93 Wachusett Street District 6 Present City Councillor at Large
John R. Connolly 12 Shaw Street District 6 Present City Councillor at Large
Michael F. Flaherty 1726 Columbia Road District 2
Stephen J. Murphy 141 Warren Avenue District 5 Present City Councillor at Large
Sean H. Ryan 264 Lamartine Street District 6

CANDIDATES for NOVEMBER 8, 2011 MUNICIPAL ELECTIONS
BALLOT ORDER
http://www.cityofboston.gov/elections/

DISTRICT CITY COUNCILLOR
DISTRICT ONE
Salvatore LaMattina 76 Montmorenci Avenue District 1 Present District City Councillor

DISTRICT TWO
Suzanne Lee 1 Nassau Street District 2
Bill Linehan 128 G Street District 2 Present District City Councillor

DISTRICT THREE
John K. O’Toole 114 Minot Street District 3
Frank Baker 43 Grampian Way District 3

DISTRICT FOUR
J. R. Rucker 103 Tonawanda Street District 4
Charles Calvin Yancey 3 Hooper Street District 4 Present District City Councillor

DISTRICT FIVE
Rob Consalvo 18A Chittick Road District 5 Present District City Councillor

DISTRICT SIX
Matt O’Malley 226 Jamaicaway District 6 Present District City Councillor

DISTRICT SEVEN
Sheneal Parker 30 Symphony Road District 7
Tito Jackson 37 Schuyler Street District 7 Present District City Councillor

DISTRICT EIGHT
Michael P. Ross 214 Parker Hill Avenue District 8 Present District City Councillor

DISTRICT NINE
Mark S. Ciommo 10 Oliva Road District 9 Present District City Councillor


Commonwealth of Massachusetts
County of Suffolk
The Superior Court

CIVIL DOCKET#: SUCV2005-01798-B

Re: McCrea et al v Flaherty et al

To: David Waterfall, Esquire
     Boston (City of) Law Dept
     CITY HALL
     Room 615
     Boston MA 02201
________________________
_NOTICE OF DOCKET ENTRY_

You are hereby notified that on 09/09/2011 the following
entry was made on the above referenced docket:

JUDGMENT It is Ordered and Adjudged All parties agree to
entry of a Final Judgment in this case against the defts

The defts admit the facts described in the complaint

Based on the evidence presented at trial the court finds
that the Boston City Council has taken significant action
to be in substantial compliance with the requirements of
the Open Meeting Law since June 11, 2009

As a result this Court finds that no injunctive relief
whether permanent or temporary is necessary

The Court Orders that the defts shall pay costs to the
plffs in the following amounts $115.00 to Shirley Kressel
$380.00 to Kevin McCrea and $348.50 to Kathleen Devine
entered on docket pursuant to Mass R Civ P 58(a)
http://www.lawlib.state.ma.us/source/mass/rules/civil/mrcp58.html
and notice sent to parties pursuant to Mas R Civ P 77(d)
http://www.lawlib.state.ma.us/source/mass/rules/civil/mrcp77.html

Dated at Boston Massachusetts this 9th day of September,
2011

Michael Joseph Donovan
Clerk of Courts
http://www.mass.gov/courts/courtsandjudges/courts/superiorcourt/index.html

By: Richard Muscato, Assistant Clerk

Telephone 617 788-8141

Disabled individuals who need handicap accommodations
should contact the Administrative Office of the Superior
Court at 617 788-8130

cvdgeneric_2.wpd 3995418 judgm phillips


NOTIFY
46

~_No C____
~9/9/11~
~KM~
~SK~
~KD~
~RGN~
~MS~
~JFK~
~KER~
~RF~
~MSH~
~MC~
~DW~

COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss.

SUPERIOR COURT
CIVIL ACTION
No. 2005-01798

KEVIN MCCREA & others^1
vs.
MICHAEL FLAHERTY & another^2

^1 Shirley Kressel and Kathleen Devine
^2 Boston City Council

_FINAL ORDER AND ENTRY OF JUDGMENT_

In May, 2005, the plaintiffs, Kevin McCrea, Shirley
Kressel, and Kathleen Devine filed this action for alleged
violations of the Open Meeting Law, G. L. c. 39, ss 23A-C
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter39
by the defendants, the Boston City Council and its
President, Michael Flaherty (collectively referred to as
"the Council").^3
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter30A

The plaintiffs challenged the legality of certain meetings
held in 2003, 2004, and 2005 and alleged that the repeated
violations constituted a "systematic" failure to comply
with the requirement of the Open Meeting Law.

In addition to declaratory relief invalidating votes taken
at the challenged meetings, the plaintiffs requested an
injunction ordering the Council to comply with the Open
Meeting Law at future meetings.



On March 27, 2006, this Court (Holtz, J.) denied a motion
for summary judgment filed by the Council and instead
granted summary for the plaintiffs.

Judge Holtz declared that the Council had violated the Open
Meeting Law on certain dates, imposed a fine of $1,000 per
violation, and ordered the Council to comply with the Open
Meeting Law in the future.

The Council appealed.

On June 6, 2006, the Appeals Court upheld the denial of the
Council's motion for summary judgment and the grant of
summary judgment to the plaintiffs as to the January 20,
2005 violation of the Open Meeting Law and the failure of
the December 15, 2004 meeting to "cure" any earlier
violations.

The Appeals Court also upheld the denial of the Council's
motion for summary judgment as to the alleged violations of
January 13, 2005, February 17, 2005, and March 24, 2005.

The Appeals Court vacated the decision in all other
respects and remanded to this Court.



In November, 2008, the parties filed cross-motions for
summary judgment setting forth their issue as one of
remedy; specifically, what level of oversight, if any, the
Superior Court ought to impose to ensure continued future
compliance with the Open Meeting Law.

The Council accepted the judgment as to past violations and
fines imposed and argued that a permanent injunction was
not necessary because, following the Appeals Court
decision, the Council prepared a new set of guidelines to
ensure full compliance with the various requirements of the
Open Meeting Law and insisted they would comply in the
future.

In response, the plaintiffs pointed to the Council's long
history of non-compliance, post-Appeals Court decision
violations, and a report commissioned by the Council
("Walkowski Report") that explored the method and means by
which legislation might be passed exempting municipal
council bodies from the Open Meeting Law.

The plaintiffs argued that a permanent injunction was
necessary because the evidence had shown that the Council
continued to be resistant to complying with the Open
Meeting Law.



On June 11, 2009, Judge Holtz issued her decision
acknowledging the "valid concerns raised by the
plaintiffs...recently heightened by a filing of a complaint
for contempt" which she balanced against (a) the Council's
acceptance of the judgment against them, including the
payment of fines for certain violations, and (b) the
Council's representations that it has and will continue to
comply with the requirements of the Open Meeting Law.

2

Further, she pointed out that although the creation of
guidelines provides some evidence of the Council's interest
in ensuring compliance with the Open Meeting Law, the
guidelines "appear to have been drafted simultaneously with
exploring Home Rule legislation which can only be seen as
an ill-considered effort to cloak the business of municipal
government in secrecy."

The Court also considered the high cost of this litigation
to the taxpayers and the plaintiffs' concern that they
should not have to start from the beginning each time the
Council violates the Order in the future.

The court recommended the presence of an independent
attorney at Council meetings and indicated that it would
consider entertaining the Council's motion for summary
judgment, including vacating its earlier order regarding
fines, if the Council conducted meetings in a manner
consistent with the Open Meeting Law "with advice from
outside counsel where appropriate."

In the end, Judge Holtz issued a temporary order "in the
hope that the defendants will establish a satisfactory
track record of compliance."

The temporary order stated that the matter would be held
under advisement for six months at which time the parties
would appear for a status conference and the Court would
determine what additional orders should enter.



Both parties filed requests for clarification.

On September 10, 2009, Judge Holtz endorsed the motions in
relevant part: "the Court will not require that the
attys. be present at every single meeting - to the
contrary, this Court will permit the defendants to proceed
as described in their motion.

It is not helpful to a _resolution_ of these valid concerns
for any of the parties to submit incentive-laden pleadings.

The Court's efforts are focused on present and future
compliance with the Open Meeting Laws.

If the Court is assured that such compliance is the norm,
this will help inform the Court as to what remedy is
necessary or appropriate and/or whether any sanction is
necessary re: contempt." (emphasis in original).

3

On April 19, 2011, the parties appeared before me for a
status conference.

All parties requested the Court to enter a final judgment
against the defendants on all counts.

The parties could not agree on the content of this final
judgment.

An evidentiary hearing was held on June 20-21, 2011
regarding what remedy, if any, is appropriate to end this
litigation in light of the June 11, 2009 order.

The plaintiffs request various forms of permanent
injunctive relief, alleging that the Council continues to
violate the requirements of the Open Meeting Law.

The Council contends that they have substantially complied
with the requirements of the Open Meeting Law since the
June 11, 2009 order and, thus, injunctive relief and/or
fines are unnecessary.



After reviewing all the testimony and documents produced
during the June hearing, I decline to issue injunctive
relief for the following reasons:

First, I find that during the two years since Judge Holtz'
decision, there has been a positive change in the Council's
attitude toward and attention to the requirements of the
Open Meeting Law, as evidenced by the numerous changes the
Council has made to ensure compliance with the Open Meeting
Law, including changes that were not court-ordered.

For example, since 2009 an assistant corporation counsel
has attended all meetings to watch over the Council and
answer all questions.

Furthermore, minutes have been taken for all working
sessions, executive sessions, and hearings.

In addition, training on the Open Meeting Law is now done
by experts and is open to all Council members and their
staff.

Since 2009, the Council has also adjusted their rules to
ensure compliance with the Open Meeting Law.^3
___________________
^3 The Court also notes that the Open Meeting Law was
amended in July, 2010 to designate the Attorney General's
Office as the enforcing agency of the law.

See Chapter 28 of the Acts of 2009, sections 17-20,
http://www.malegislature.gov/Laws/SessionLaws/Acts/2009/Chapter28
repealing the existing state Open Meeting Law,
G. L. c. 30!, ss 11A, 11A-1/2, county Open Meeting Law,
G. L. c. 34, s9F, 9G, and municipal Open Meeting Law,
G. L. c. 39, ss 23A, 23B, and 23C, and replacing them with
a single Open Meeting Law covering all public bodies,
G. L. c. 30A, ss 18-25.
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter30A

4

I also note that the membership of the Council is vastly
different than the membership of the Council between
2003-2005.

There has been tremendous turnover so that most of the
members of the Council today had nothing to do with the
actions challenged by the plaintiffs between 2003-2005.

Additionally, I credit the testimony of the three city
councilors who testified about the change in attitude at
the Council toward the Open Meeting Law and the harm that
would be suffered by continued court monitoring.

For example, Councilor Maureen Feeney testified that the
Council made specific changes in response to Judge Holtz'
decision and that in her opinion the Council embraces the
Open Meeting Law and wants to be compliant.

Councilor Michael Ross testified that the Council is
committed to the Open Meeting Law and that in his opinion
the Council has done well acting on Judge Holtz'
recommendations and with outside oversight.

Councilor Steven Murphy testified that the Council is
firmly committed to the Open Meeting Law and that a court
order would do much harm, particularly considering the
steps the Council has taken to be compliant with the Open
Meeting Law.

Finally, I find no compelling reason to continue this
litigation.

The Council has shown that it has changed its attitude
toward the Open Meeting Law and has taken and continues to
take steps to ensure its compliance with the Open Meeting
Law.


All parties agree to the entry of a Final Judgment in this
case against the defendants who admit the facts described
in the complaint.

Each party has submitted a proposed form of Final Judgment
for this Court to consider.

For the reasons discussed above, it is hereby _ORDERED_
that no injunctive relief, whether permanent or temporary,
is necessary.

All past unpaid fines are waived.

A Final Judgment shall enter as follows:

All parties agree to entry of a Final Judgment in this case
against the defendants.

5

The defendants admit the facts described in the complaint.

Based on the evidence presented at trial, the court finds
that the Boston City Council has taken significant action
to be in substantial compliance with the requirements of
the Open Meeting Law since June 11, 2009.

As a result, this Court finds that no injunctive relief,
whether permanent or temporary, is necessary.

The Court orders that the defendants shall pay costs to the
plaintiffs in the following amounts: $115.00 to Shirley
Kressel, $380 to kevin McCrea, and $348.50 to Kathleen
Devine.

/s/John C. Cratsley
Justice of the Superior Court

Date: September 8, 2011

6

Wednesday, October 12, 2011

On Wed, Oct 12, 2011 at 2:41 PM, Chavez, Miguel wrote:
Ensure that Greater Roxbury's voice is heard......come to Franklin Park Golf Course 1 Circuit Drive and testify for your neighborhood

The Boston City Council’s Committee on Census & Redistricting will hold five hearings to discuss the redistricting process at locations throughout the City during the months of September and October.

District 2 City Councilor and Committee Chair Bill Linehan called for the hearings in order to solicit feedback from community leaders and residents active in their neighborhoods.

The Census & Redistricting Committee is charged with reviewing the results of the U.S. Census figures, overseeing voter participation levels and the process of redistricting.

The Committee held a public hearing at City Hall in May but Councilor Linehan felt the need to bring the Council to the neighborhoods and gather more input from residents in advance of any changes to the current Council boundaries.

“It is imperative that these sessions are attended by a diverse group of residents” Linehan explains. “Folks should come to voice their opinion and state criteria they feel is important to drawing a new district map.”

Given the 2010 Census results and the current delineation of Council districts, it is clear that many neighborhoods will be impacted and likely to see changes to the current City Council boundaries.

While Boston experienced a significant population growth from 2000, up nearly 5% (589,141- 617,594), only five of nine districts located in the northern sections of the City saw the increases.

Boston City Council
http://cityofboston.gov/citycouncil
city.council@cityofboston.gov

One City Hall Square 5th Floor
Boston MA 02201
Phone 617 635-3040
Fax 617 635-4203

Committee Hearing Notice -- Added Date

September 30, 2011

The Boston City Council's Committee on Census & Redistricting will hold several public hearings on the following dates:

. 6pm Thursday 8 September 2011 at Suffolk Law School
    120 Tremont Street Boston
. 6pm Tuesday 20 September 2011 at George Wright Golf Course
    420 West Street Boston
. 6pm Thursday 13 October 2011 at Franklin Park Golf Course
    1 Circuit Drive Boston
. 6pm Tuesday 18 October 2011 at Reggie Lewis Center
    1350 Tremont Street Boston
. 6pm Wednesday 26 October 2011 at New England Carpenter's Hall
    750 Dorchester Avenue Boston

The subject of the hearings is

Docket #0511: An Order for a Hearing Regarding the Results of the 2010 Census and Redistricting the City of Boston

This matter was sponsored by Councilor Linehan and referred to the committee on 6 April 2011.

Members of the public are cordially invited to attend and testify. If you have not testified at a Council hearing before, please arrive 5 minutes before the call of the hearing to sign up and become familiar with the hearing format, testimony locations, and sound system. Please bring 15 copies of any written documentation you wish to present at the hearing. If you know of others who may be interested in this hearing, kindly notify them.

Written comments may be made part of the record and avialable to all Councilors by sending them by email, fax, or mail to arrive before the hearing, please use the information below.

For the Committee:
/s/Bill Linehan, Chair
Committee on Census & Redistricting

Mail Address: Docket #0511, City Council, City Hall 5th Floor, Boston MA 02201
Fax Number: 617 635-4203 Attn: Christine O'Donnell, Docket #0511
Committee email: ccc.census@cityofboston.gov
Staff email: christine.o'donnell@cityofboston.gov

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God Be with Us as He Was with Our Fathers

BOSTONIA. CONDITA A.D. 1630.
Boston, Founded in the Year of Our Lord 1630

CIVITATIS REGIMINE DONATA A.D. 1822.
City Status Granted by the Authority of the State in the Year of Our Lord 1822