WESTFIELD—A committee from city council was briefed on procedure related to information requests from the public by the city’s law department last night.
City Solicitor Susan Phillips, from the city’s law department, addressed the City Council’s Natural Resources Committee last night in relation to questions put forth about the Barnes Aquifer and other water-related concerns during city council and other meetings recently.
According to Phillips, there is a process that should be followed to address questions from the public, and following it could prevent conflicting opinions from city officials on topics.
Members of the Natural Resources Committee during their meeting last night. From left to right: Ward Two Councilor Ralph Figy, At-Large Councilor Nick Morganelli, Ward One Councilor Maryann Babinski.
Among the issues, items should not be sent immediately to a committee from city council floor, as what happened with questions posed by Kristen Mello from Westfield Residents Advocating For Themselves (WRAFT) previously, and thus were subsequently on the Natural Resources Committee’s agenda (for a complete list of questions, read the agenda from last night’s Natural Resources Committee meeting on the city’s website).
“Bottom line it’s not our advice that things that come from the floor…get sent immediately to committee,” Phillips said.
She said that the problem with the items going directly to the committee is that then they are obligated to answer, “but you aren’t really equipped to answer.”
According to Phillips, there are several reasons.
First, she noted that the process of the council could inhibit this.
Second, information sought by residents may have already been gathered or questions answered, and information related to such can be gathered through a public records request through the city.
Westfield City Solicitor Susan C. Phillips (WNG File Photo)
“There may be records that exist that we can produce,” Phillips said.
If residents have trouble knowing where to go for public records requests, it was noted following a question from At-Large Councilor and committee member Nick Morganelli about the process, that you can go to the city’s website to find more information.
This can be done by going to the “Departments” tab on the site, then clicking on the link “Public Records Request” under the “Law” tab. Phillips also noted that the city has a public records officer that is tasked with assisting with the process, and department heads have also been informed on how to direct residents to get public records, if they are asked.
Among the rules for public records requests, Phillips also noted that the city has 10 days to respond, with the ability to seek extensions.
In addition to these reasons for following the process, Phillips said that there is a matter of maintaining subjectivity, as well as keeping the same opinion from the city.
“You could inadvertently form an opinion that could become the city’s opinion that doesn’t make sense,” she said.
Also, there is the possibility of litigation present related to a subject, Phillips noted.
The question at hand
John Keilch, resident, spoke at the meeting and said that the process is “stifling” and “broken,” noting that the committee gets boxed in due to this.
Morganelli responded, noting that without full knowledge of a subject, in addition to potential ramifications, that they “have to be careful how we answer.”
Ward One Councilor and Committee Chair Maryann Babinski also addressed the concerns.
“To clarify, nobody is saying here they are trying to withhold information,” she said.
Instead, Babinski said that there is a “proper protocol” and process to address questions from the public.
Mello defended her inquiries at the meeting, as well. She said that the information being sought is because an investigation should be done related to city water.
“The answers to these questions aren’t in your files,” Mello said.
“I don’t ask the city council to get answers to these questions—it’s to open an investigation,” she added.
Committee member and Ward Two Councilor Ralph Figy said that it is not a question of Mello’s intent, but rather the process that must be followed.
“The whole issue is how the information request came through,” he said.
The committee moved to have the questions sorted further, to figure what could be answered through which method.
