“I made you Mayor!” and the ADA
Remember that? The beginning of March of 2018, Dan Rivera said that Secretary of State William Galvin told him that during a telephone conversation. After that commend was made public, Galvin avoided the media and refused to respond to the accuracy of that remark by Rivera.
A month later, representatives of Galvin’s office came to Lawrence inquiring about Americans with Disabilities Act (ADA) violations previously cited by the Department of Justice. The report lists over 50 violations all over the city.
Carmen Ortiz, former Attorney General for Massachusetts wrote on September 15, 2016 about violations at most polling places. The observers did not check the entire premises, but took note of dozens of repairs needing to be done to allow easy access to voters on Election Day, within State and Federal requirements.
Since nothing had been done, an attorney from Secretary Galvin’s office paid a visit to the city at the end of April of this year, emphasizing the urgency to address each violation in time for the September 4, 2018 elections.
Now, the City will complain that we have no money – as usual. The Department of Justice places responsibility on the City Clerk and the City Council so, we must wonder what would happen if the City Clerk had requested $200,000 to comply with the DOJ demands. City Attorney Charles Boddy explained before the Council the cost of fines for not compliance urging them to at least starting some repairs to try and satisfy their request.
Attorney Boddy told the council members that Mayor Rivera said that responsibility lies with the City Council and the City Clerk because they oversee the Elections Department.
The mayor delegates by convenience. In November of 2014, he contracted with the Boston law firm of Kopelman and Paige to review the procedures used during Election Day which was exhaustively detailed in an 8-page letter signed by Lauren F. Goldberg who was hired from Kopelman to run the recount in November of 2013. She is a former legal counsel on staff with Galvin’s Office.
Last year he singlehandedly posted the position of confidential secretary to the City Council and hired her, without any input from them.
Don’t believe the “we have no money” excuse. The Council holds the purse strings for the City and has absolute control over the budget. The same way they passed an “emergency” measures to approve basketball courts, surveillance cameras and this week a $200,000 transfer to hire temporary workers for a summer cleanup which were not part of the budget, they can authorize the transfer of the necessary funds to get the polling places fixed before the Primary Election.
An additional problem arising from this is that the polling places at privately-owned buildings will have to be closed because the City cannot do modifications in them. Should that happen, residents will have to be transported to other polling places or vote with an absentee ballot. The question of discriminating against the elderly residents of these buildings will come into play, I am sure.
Another question we must ask is why they are trying to enforce this now. The polling places are located in schools, assisted living, public housing, and 1 nursing facility (Mary Immaculate). Apparently, these places are in compliance on every day except on Election Day. If these places have to comply with ADA and building codes all year long, how come they seem to be in violation only two days during elections? Wouldn’t all the locations be in violation of ADA the other 363 days of the year?
As a sign that the Council is doing something about it, even if it later dies tabled, they voted to create a task force to address the violations composed by Richard Rodriguez, Commission on Disabilities Director; Carlos Jaquez, Director of Public Works; Milagros Puello, City Engineer; Ruben Perez, Election Division; William Maloney, City Clerk; Christopher Merlino, Building Superintendent Lawrence Schools; a representative of the City Attorney’s Office; and Mark Ianello, Finance Director. This committee will set out to “investigate the accessibility to polling places.”
Perhaps one good thing that will come out of it is that Richard Rodriguez, chairman of the Commission on Disability will get some respect. It is criminal how he has been mocked ridiculed, targeted and bullied. The interests of the disabled community have not been served under this administration and maybe they will learn from this.
I know the City has been lax in taking care of these problems and the State has been looking the other way, not making waves for the mayor; but I can’t stop thinking that there may be a correlation between the “I made you Mayor” comment and the threatening visits by officials from the Secretary of State’s office that followed within days.
Open Meeting Law
Lawrence City Council has to learn that appearances are all we have to judge them by in the midst secrecy, abuse and yes, corruption from our government officials. We, the residents and taxpayers must keep our eyes peeled to their actions because we expect nothing but more confusion from them.
The long break taken by most members of the council on Tuesday, May 1st was considered a blatant disregard for the law and public opinion.
I spoke to some of them about what was done in that room for 18 minutes and they all assured me that at no time there were 4 councilors talking, although they did mention the issue that was being discussed in the Chambers. They may have been drifting in and out of the conversation but there is no doubt it was inappropriate to do it in private.
They should be mindful that it appeared to be a violation of the Open Meeting Law and it raises questions about what transpired.
I will leave you with a quote from a friend who said after losing his patience with such behaviors: “Lawrence is like domestic violence victim that keeps coming back for more.”
