Hypocrisy and secrecy in City Hall

Lewiston city councilors will convene a special meeting tonight, in executive session, to discuss two finalists for the city administrator position. Councilors-elect are expected to attend as "listeners."

Here's the problem: These councilors-elect are not sworn elected officials yet. They remain mere members of the public and, under Maine's Freedom of Access Act, with very limited exceptions, one member of the public cannot be privy to closed-door meetings unless all members of the "public" are invited to attend.

Lewiston city councilors know all about public meeting requirements.

About two years ago, councilors convened a retreat to discuss their business agenda before they were sworn into office, timing that retreat specifically to avoid falling subject to FOAA. No need to post notices of their meetings or to let the public attend if they weren't yet elected officials, by FOAA definition. They were ordinary citizens talking about the long view of Lewiston.

These same councilors are duly sworn elected officials now and must adhere to Maine's public meetings law. Inviting certain members of the public to "listen" breaks the executive session exception and consumes public trust.

Under the circumstances, though, we understand why councilors-elect might want to listen in to the hiring discussion. The current council is determined to hire a new city administrator before it disbands in January, leaving a fresh council to work with an administrator whom these new council members will have had no hand in hiring.

It's an objectionable push by the current council to foist an administrator appointment on a new council. Especially when the current council had once so vocally objected to being treated the same way.

Two years ago, when current councilors hovered between election and swearing in, they called on their predecessors not to appoint committee members or make major decisions that new councilors would have to uphold. It was better, they argued, to hold off important actions until the new council took its seat to conduct that business.

Now, these same councilors who successfully convinced the preceding council to wait on certain decisions are rushing the city administrator hiring decision before they leave office, despite pleas from the public and some councilors-elect that they hand this task to the new council. It's hypocritical. Extremely so.

Tonight the Lewiston City Council will convene an executive session, with members of the public improperly in attendance, to wrestle between secrecy and hypocrisy. It's a dismal end to a divisive and regrettable two years at City Hall.

In order to make comments, you must verify your account.

In order to comment on SunJournal.com, you must use your real name and include the town in which you live in your profile. A member of our staff will call you to verify this information. To join in, fill out your user profile completely and check the box "please verify my status." We'll get back to you within one business day to verify your account.

Login or create an account here.

Our policy prohibits comments that are:

  • Defamatory, abusive, obscene, racist, or otherwise hateful
  • Excessively foul and/or vulgar
  • Inappropriately sexual
  • Baseless personal attacks or otherwise threatening
  • Contain illegal material, or material that infringes on the rights of others
  • Commercial postings attempting to sell a product/item
If you violate this policy, your comment will be removed and your account may be banned.

Advertisement

Comments

McCarron's picture
verified

How much are these "city

How much are these "city attorney" opinions costing us above and beyond the retainer?
Or is this another case of fishing for an opinion since there was a high chance MMA would have come out against such a meeting?

-- "I'm here for the beer and nuts. Only I've not found the beer here, but there are plenty of nuts!"

tron's picture

Over the last few months it

Over the last few months it has been over $10,000. Over the last two years, could be 100k.

Ginger1's picture

Hidden agendas,and back room

Hidden agendas,and back room dealings.What's wrong with the old fashioned way of reading minutes from the previous meetings to get up to snuff for the new people? SORRY;that would reguire more time and effort on their parts.

Robert61's picture

Another good evening at city

Another good evening at city hall, sorry to disappoint but the council president got an opinion from the city attorney that we were in fact legal and could bring in these folks. Its all in the of tonights meeting, at least until we got into executive session...

verified

Just another overreaction

Just another overreaction from the Sun JornalAND Ms. Meyers!

Mike04938's picture

. . Ineffective

. . Ineffective obstructionists , that's all , as well documented in the pages of this newspaper over the years . Any third rate politician can make something more complicated . It takes a first rate one to make it simple again . These guys can not even agree to disagree . Ever hear of The Keystone Cops ? Let's obfuscate some more , gents , ( and again ) . How much do you pay them ? US$65k / year ? ( chuckles :)

Enoch's picture

Very well stated editorial.

Very well stated editorial. This Council is amazing as they persist in their effort to cause as much lingering turmoil in their aftermath, as they did during their time in office.

JLaBonte's picture

State law provides for a

State law provides for a "transition period" where incoming County Commissioners can be fully involved in discussions and matters of County government. Perhaps state law should be amended, or even Lewiston's Charter, to allow a similar provision for City Councilors.

veritas's picture
verified

Robert61; Under Branzburg v.

Robert61;

Under Branzburg v. Hayes, 408 U.S. 665 (1972) - the Supreme Court ruled that the press has no protection against revealing it's sources under certain circumstances. Now you want to know who spilled the beans.

Had you been charged in a criminal case, you would have had the right to subpeona the Sun Journal. But it wasn't a criminal case - and you don't have that right.

Ironic that you've hidden your lack of transparency under the defense of "Executive Session" - yet you complain of a the Press' right to the Confidential Informant.

Reckon that's part and parcel of 'Checks and Balances.' Had you been more straighforward in your governance the occasion for a 'CI' would not have arisin.

------------------------------------------
When I was a young Sailor - I drank like a Sailor, fought like a Sailor, and screwed like a Sailor. Now that I am old and wise - I have a few scars, but many fond memories.

Robert61's picture

Veritas, check the record, I

Veritas, check the record, I personally have never asked for an executive session, that is decided by the administrator, the council president or the mayor. In fact on occasion, I've voted against executive session given the topic to be discussed.

Mike04938's picture

. ... What was that about

. ... What was that about Travis Soule , Veritas ? (:

Unfonanvamp's picture

Wrong Council Eagle! That's

Wrong Council Eagle! That's on the other side of the river.

Ron's picture

Excellent editorial. The

Excellent editorial. The hipocracy charge is well deserved. Lets hope the new council will perform more admirably than the outgoing one. I'd suggest that the new council not choose Bernier to be the President of the Council (again), or else we'll be subjected to more Bernier vs. Gilbert drama, which it would be nice to keep to an absolute minimum. Not electing her President may go a long way in minimizing it.

Jabba's picture
verified

I can't believe she was even

I can't believe she was even elected again after quitting last time. "When the going gets tough, Bernier quits."
Sometimes I think the voters of Lewiston get exactly what they deserve.

________________________________________________________

007's picture

Confusous say......."where

Confusous say......."where there is hypocricy and secrecy, corruption and deciet are born". The Sun Journal should look deeper into certain out going members. It's an all to familiar "do as I say, not as I do"council.

Robert61's picture

The citizens of Lewiston are

The citizens of Lewiston are intelligent enough to realize that inviting the councilors-elect is a guesture of good faith and in wanting them involved in the decision making process. The same is true of those who served on the selection committee who sat through the previous round of interviews. They are sworn in for this specific purpose and granted access to the meetings. I believe that makes for a better process and allows the new council to have some say in the decision, something thats good for all of Lewiston. I look forward to meeting them all tonight and seeking their input as they will be working with the new administrator for the next two years.

Perhaps one day the Sun Journal will be required to be as open and up front with their information and the citizens can find out who at City Hall is leaking information on various issues such as business development before it is made public. To me, thats hypocracy when one member of City Hall can whisper to the press and never be revealed as the source and yet the newspaper can still accuse the city council of acting in secrecy. There are two sides to any issue and its in poor taste to accuse one of secrecy when you yourself rely on that very secrecy to get your information.

I look forward to reading the Lewiston citizens thoughts on this given what we are trying to accomplish, but for now, it's time to go to work.

Epotvin11's picture
verified

"Hypocrisy and secrecy in

"Hypocrisy and secrecy in City Hall".. does seem to be a bit ridiculous... It's too bad there isn't some sort of clause that allows newly elected officials to attend exec. sessions if the council deems it appropriate.. As Bob says above.. it is only to help get the new council up to speed.. i can't see how that hurts anyone.. Didn't the U.S. gov't bring Obama up to speed on a few things shortly after he was elected. but before he took oath? Entirely different circumstance i admit, but similar nonetheless.

Advertisement

Stay informed — Get the news delivered for free in your inbox.

I'm interested in ...