Webster Times - Stonebridge Press and Villager Newspapers

4 • THE WEBSTER TIMES • Friday, April 16, 2010
www.webstertimes.net
State Rep. denies ethic violations
ALICEA DEFENDS PARTICIPATION IN SOUTHBRIDGE
EXECUTIVE SESSION
PHOTO OF THE WEEK
BY RYAN GRANNAN-DOLL
STONEBRIDGE PRESS STAFF WRITER
State Rep. Geraldo Alicea, D-Charlton, is denying he
violated state ethics laws when he participated in an executive
session meeting of the Southbridge Town Council
last week.
During the meeting, the possible return of a Registry of
Motor Vehicles branch back to town from Charlton was
discussed.
At the same time, Southbridge Town Councilors are
steadfastly defending themselves against a complaint
alleging they violated the state’s Open Meeting Law at the
April 5 meeting.
The Southbridge Evening News, the daily, sister publication
of The Webster Times, last week filed a complaint
with the state Ethics Commission alleging Alicea created
a conflict of interest by participating in the closed-door
session.
The newspaper also filed a complaint with the
Worcester County District Attorney’s Office, alleging the
Town Council violated the Open Meeting Law when it
met.
The council did not decide or vote upon anything
Monday night, according to Chairman Steven Lazo,
because Councilor Pamela Regis was not there.
Citing budget cuts, the RMV last year closed the
Southbridge branch at the Big Bunny plaza on Main
Street. About a month later, the RMV opened a new
branch off the Massachusetts Turnpike 5-East service
area. Since then, controversy has erupted with lawmakers
and residents who have criticized the site as unsafe
and inconvenient.
Told of the complaint, Alicea denied he broke the rules.
He said he checked with a state House of Representatives
attorney who told him there were no problems with his
attendance.
Asked to provide proof of that, Alicea did not.
“There was no conflict. No violation on my part at all,”
he said. “I checked into it with them. I followed the rules.
I was doing my job in the scope of constituent services.”
According to the complaint, written by Executive
Editor Walter Bird Jr., “We are asking the Ethics
Commission to determine whether Mr. Alicea was acting
within the scope of his duties … by serving as an adviser
on a potential contract between a local community and a
state agency with which he has no known affiliation …
Alicea’s participation in this executive session represented
a conflict of interest with his sworn duties,” it reads.
It continues: “In that Mr. Alicea has been a facilitator of
so much public discussion involving the Registry of
Motor Vehicles and the town of Southbridge (as has been
reported extensively in local newspapers), we question
the ethics of his bringing the matter behind closed doors
after it has been a public issue for several months.”
As for the Open Meeting complaint, Lazo denied any
violation occurred.
“According to the town manager [Christopher Clark],
we had the right to invite [Alicea]. I went along with the
town manager,” he said.
Lazo Monday said he had originally called for the
closed-door session to negotiate a lease, however, none
was presented. He said the whole gathering became an
update session for councilors who were not up to speed on
the options.
According to the complaint, also written by Bird, which
recounts Alicea’s involvement, The Southbridge Evening
News claims the meeting was a “gross violation” of the
law because the councilors ended up receiving an update
on possible lease options, instead of actually negotiating
a lease. “Based on what we have subsequently learned
and been told about what transpired during this executive
session, it is our confident assertion that this meeting,
in fact, constituted a gross violation of the state’s
Open Meeting Law,” the complaint reads.
Clark said no violation occurred because no actual
negotiating took place.
“There were no negotiations. We were preparing the
town’s position,” he said. “I don’t think we did anything
inappropriate. The town will defend the actions it has
already taken.”
Ryan Grannan-Doll photo
State Rep. Geraldo Alicea, D-Charlton, partly obscured, chats with
Southbridge Town Council Vice Chairman Albert Vecchia Jr. at
immediate right, and Chairman Steven Lazo after Monday’s executive
session regarding a return of a Registry of Motor Vehicles
branch to Southbridge.
Clark, however, revealed he had a draft lease at the
meeting, but said they were “too rough” to present to
councilors. The law, he said, does not actually require
councilors have a paper lease in front of them to enter
executive session.
Noting the legal exemption the council used to enter
executive session, which allows a town to “to consider the
… lease or value of real property if such discussion may
have a detrimental effect on the town’s negotiating position,”
Clark said: “How do we know that unless we have a
discussion about what we are going to negotiate about?”
While nobody at the meeting would say what branch
options were actually discussed, town officials have
recently been working on a proposal to move a branch
into the Casaubon Senior on LaRochelle Way under a $1 a
year for five years lease agreement. The Senior Center
would move to the Community Center/Armory on
Chestnut Street. Asked about the status of that proposal,
RMV Spokesman Ann Dufresne offered the following
statement in an e-mail: “We are under the impression the
town must still go through the sighting process and proper
committee reviews before we know if the Senior
Center is even available.”
Livengood lent his defense against the Open Meeting
Law allegation.
“[No violation occurred because] we were negotiating.
It wasn’t an update,” he said.
Livengood later conceded, “An update was involved but
it ended up a negotiating thing. The council gave [Clark]
direction.”
Councilor Catherine Nikolla also joined the defense
saying the law allows for councilors to receive updates in
executive session, much as they are allowed to receive
updates regarding lawsuits. However, there is no pending
litigation over the issue, and the council, in entering
executive session, cited the same legal exemption Clark
cited in the council’s defense.
“Because, as I said, when you think about all the reasons
you can have an executive session, in my
opinion…[it] fell well within the framework of the executive
session,” Nikolla said.
Clark said the town will have to pay Town Counsel
Robert Caprera $150 per hour to defend itself against the
complaint.
The Council met again Monday, April 12, after which it
was expected to once more meet in executive session “relevant
to this topic,” Clark said.. Alicea said the town had
not invited him to any session that day, and he had another
commitment that was “just as important.”
CONTEST ENTRY FORM: APRIL 16, 2010
Deadline: April 22, 2010
Last week’s picture: A window on the Oxford Town Hall.
My guess for this week’s photo is:
______________________________________________
Want to win $25? It’s easy! The Times is offering readers a
chance to get involved in their community newspaper. If you
think you know the what the Photo of the Week is, just fill out the
form below. Send in or drop off to the Webster Times, 25 Elm
Street, Southbridge MA 01550, or fax to (508) 764-8015 (writing
must be legible). One lucky winner will be drawn every month
and handed $25!
Name _________________________________________
Address _______________________________________
Town ____________State _____ Zip Code ___________
Telephone ____________________________________
All photos are taken from Webster, Dudley or Oxford. Entries must
identify the subject in the photo and where it can be seen. Answers
will be given the following week in the Webster Times. At the end of
each month, all entry forms with the correct answer will be included
in a random drawing. One lucky winner will receive $25. Good
luck!
Oxford Lions select
Volunteer Award recipients
OXFORD — Frank Baril, Ronald G Chesties, John Kneeland,
Leona Napieralski, Jean O’Reilly and Mary Proal have been
selected to receive the 2010 Oxford Lions Volunteer Appreciation
Award.
They will be honored at a dinner Saturday, May 1, at the
Colonial Restaurant in Webster.
Oxford Lions President Dr. Antoinette Parvis encouraged family
and friends of the recipients to attend the awards dinner to
show their appreciation for there service. We all know those special
people that give so much of their time and energy to help
others, these individuals exemplify that trait and demonstrate
the power of volunteerism and what they do to better our community.
This event has become a signature event for the Oxford
Lions Club that is well attended and very enjoyable. She encouraged
all that plan on attending to reserve there seat early, space
is limited.
Reservations for the dinner must be made by April 25. Please
make a check or money order payable to the Oxford Lions P.O.
Box 212, Oxford, MA 01540. The dinner cost is $35 per person.
For more information please visit the clubs Web site,
http://oxfordma.lionwap.org/, or contact Dr. Antoinette Parvis
at 508-987-3237.
DAUGHTERS OF ISABELLA
The Daughters of Isabella is holding the
following trips, which are open to the public.
Important notes concerning all tour
programs — Please note that final payment
is due 30 days prior to tour departure date.
Your deposit on these tours confirms your
reservation. Please make checks to:
“Bernadette Circle No. 709.” Please mail
checks to: Janet Caouette, P.O. Box 533,
Oxford, MA 01540. Tour components are
subject to change, based on availability.
Changes will be noted. The Daughters of
Isabella is a non-profit and charitable,
Catholic women’s organization.
For further information or reservations,
please call Jan Caouette at 508-887-2215,
Bernadette Langlois at 508-943-8047,
Suzanne Clearwater at 774-230-0669 (cell) or
508-943-4579 (home).
• April 18-20: Tropicana & Atlantic City,
Fabulous Tropicana Casino. Bus leaves
Webster at 7 a.m. and leaves Southbridge at
7:30 a.m. Includes $20 cash/two
brunches/casino show. Price is $199 per
person.
• May 16: Bronx Zoo — A Family Favorite.
Bus leaves Webster at 8 a.m. and leaves
Southbridge at 8:30 a.m. All admissions
included. Lunch too! Price is $78 per person.
• June 20: Downeast Lobster Bake, An
Annual Summer Favorite. Bus leaves
Southbridge at 8 a.m. and leaves Webster at
8:30 a.m. Great lobster bake at Foster’s and
Hampton Beach sand sculptures. Price is
$65 per person.
• July 18: Lake Winnipesaukee. Bus leaves
Southbridge at 8:30 a.m. and leaves Webster
at 9 a.m. and includes delicious luncheon
and cruise. Price is $68 per person.
• Aug. 8: Newport Playhouse “Don’t Dress
for Dinner” show and cabaret. Bus leaves
Southbridge at 8 a.m. and leaves Webster at
8:30 a.m. Delicious full course buffet. Price
is $75 per person.
• Sept. 5: New Hampshire Turkey Train and
Castle in the Clouds, Scenic Lake
Winnipesaukee Railroad. Bus leaves
Southbridge at 7:30 a.m. and leaves Webster
at 8 a.m. Trip includes Anheuser Busch
Clydesdales, Castle in the Clouds featuring
Hart’s Turkey Farm luncheon and New
Hampshire’s most famous attractions.
Price is $75 per person.
• Oct. 9-11: Bar Harbor Downeast Maine
Tour featuring four meals, great hotel. Bus
leaves Southbridge at 8 a.m. and leaves
Webster at 8:30 a.m. Fall Foliage
Spectacular. You’ll enjoy Acadia National
Park, Cadillac Mountain and a fabulous
lobster dinner.
• Nov. 28: Salem Cross Christmas and the
Brilliant Bright Nights at Oakwood Farm.
Bus leaves Southbridge at 9:30 a.m. and
Webster at 10 a.m. Salem Cross luncheon,
Yankee Candle and Bright Nights. Price is
$65 per person.
• Dec. 5-7: Atlantic City’s Tropicana and
NY’s Radio City Christmas Show. Bus
leaves Webster at 7 a.m. and leaves
Southbridge at 7:30 a.m. Two delicious buffets,
$20 cash bonus. Show orchestra, first
Mezzanine seating for radio city music
hall’s Christmas spectacular. Price is $239
per person.
(508)347-5075
(508)764-6677
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