AT-LARGE CITY COUNCILOR DAVID A. FLAHERTY
WESTFIELD – – A member of the City Council is seeking to rescind votes taken earlier this month to set the tax rate following an opinion from the Department of Revenue that the council acted beyond its authority.
At-large Councilor David A. Flaherty is seeking support of at least six other City Council members to address a number of issues raised during and after the City Council’s last meeting, including a motion rescind the vote taken at the Dec. 5 meeting to approve an appropriation $1,245,368 from the city’s stabilization fund. That money was used to balance a $940,000 budget deficit and $300,000 to reduce the tax increase, from the maximum 2 ½ percent allowed under state law, to 2 percent.
An appropriation from the stabilization fund requires nine affirmative votes of the 13-member legislative body.
Flaherty contends that the stabilization appropriation vote initially failed, by a vote of 8-4 (At-large Councilor Kevin Harraghy was absent) and that the council violated City Charter and its own rules when it voted to reconsider that defeated motion. The second stabilization appropriation vote was approved 9-3.
Flaherty contends that the vote should be made from the losing side of the December 5 initial vote and is requesting the council to correct its earlier mistake by conducting a new second reading and final passage vote.
Flaherty is also proposing that the City Council vote to petition Mayor Daniel M. Knapik to reduce the fiscal year 2014 budget by $1.7 million “with the intent of restoring these appropriations when free cash is certified.”
The $1.7 million is the amount that the council voted to cut from the tax levy to reduce the tax rate increase to less than 1 percent. That vote was overturned by the state Department of Revenue, negating the vote and consequently setting a 3.4 percent tax rate increase.
Flaherty is also making a motion requesting “in-person training for City Councilors on the subject of the Massachusetts Open Meeting Law and the Massachusetts Public Records law” with that training to be scheduled for January when six new councilors will take seats won in the November general election.
Flaherty was the subject of an open-meeting law violation filed by Stephen C. Dondley, who failed in November to gain election to the council as an At-large member, following the Dec. 5 meeting and the exchange of electronic communication related to votes taken at the meeting to set the tax rate. The Attorney General determined that Flaherty had violated the Open Meeting Law earlier this year, after Dondley filed a complaint.
Flaherty is also requesting training for all council members from the Law Department, or third-party attorney, to explain laws, rules, policies and City Council procedures related to motions, orders, resolutions and the number of votes necessary for the council to make decisions.
Flaherty will also make a motion to adopt a City Council rule or new ordinance to address the procedure for requesting and receiving legal opinions from the Law Department.
