Why We Need a More Independent Attleboro City Council

Our modern understanding of ethics is a product of generations of thought first introduced by the ancient Greek philosophers such as Aristotle, Socrates, and Plato. Aristotle regarded ethical virtues to be justice, courage, temperance, and such things as would create the highest good that is good in and of itself. Aristotle believed that unethical means would not justify ethical ends, or, a good outcome did not justify a morally flawed process.

The Civil Service Commission’s decision against the ARA board uncovers serious lapses in ethical judgment with long term financial and other unforeseen consequences. Certain members of the City Council helped Mayor Kevin Dumas circle the wagons to bring on a new ARA board that would vote the way that Dumas thought they should. 

Though the stated motivation was about saving money for the city, evidence in the case painted a picture that looks like the true motivation was getting rid of one person at any cost. This case, combined with my own experiences on the council, have convinced me that we desperately need a city council that does not have the inappropriate closeness with the Mayor’s office as currently exists due to three important issues.

1.  City Liability for ARA Debt

2.  Unethical Actions by City Councilors and City Administration

3.  City Administration Meddling in Council Affairs

1.  City Liability for ARA Debt:

City officials have long promised that the City of Attleboro will not have liability for ARA debt.  And yet, actions by City officials have almost guaranteed that the city will, in fact, be liable for ARA debt.  Why?  In reading the Civil Service Commission decision I discovered that the facts suggest that city officials orchestrated at least some of the financial insolvency of the ARA before embarking on a quest to rid the ARA board of members who did not support the removal of Mr. Milanoski. I am not arguing whether Milanoski got paid too much or did a good job or not.  What I am saying is that in behaving in such a controlling fashion the City administration has put the city at risk of being liable for ARA debts. This indebtedness is what the administration promised the Council would never happen. 

Oftentimes, in trying to control inappropriately, one ends up losing all control.  An understanding of the concept of piercing the corporate veil is helpful in seeing how the city can be held liable for ARA debt.

Unethical Actions by Councilors and Administration:

The e-mail by Councilor Brian Kirby to Attorney Max Volterra, in effect, saying that once Mike Milanoski was gone, the money would be restored to the ARA was extremely damning to the city’s case.  I’m sure Councilor Kirby meant well.  But what he and other councilors did was unethical because of the tone of implied extortion in the suggestion that the money would be there for the ARA as soon as Milanoski was gone.  It wasn’t simply, “the money is gone”. 

Similarly the comments made by Councilor Allard that unless the ARA’s Board of Directors was willing to terminate Milanoski, “there’s nothing to talk about” implied that the city had the means and the ability to help the ARA if only the board would dump Milanoski. 

Hence, we lost this case and the judgment is costing Attleboro taxpayers $4000.00 a week not including interest, or the attorney’s fees to litigate, or the attorney’s fees adding up in the on-going appeal of this case.  This suit is just one of several the administration has pursued.  I suspect that if we had not so many lawsuits against the City of Attleboro, we would have the money to buy the vactor truck that the DPW so desperately needs.

Meddling: My own experience on the Council:

My own short time on the council has convinced me that we need city councilors who are not so close the Mayor’s office.  The reason is that in order to have a healthy balance of government, especially local government, the legislative body, or the Attleboro Municipal Council, needs to be a viable counterweight the Mayor’s office.  An imbalance in power is what gives rise to abuses that frequently turn into criminal charges. We have seen enough of that on Beacon Hill.  An illustration of this is how the Council has often been asked to vote to appropriate money to pay attorney’s fees and we were given no information other than that they were for “legal” fees.  That mysterious word seemed to answer all their questions but for me it only raised more questions. 

Simply put, we were asked to vote to spend money for lawsuits that we knew nothing about and yet we were expected to do it without the minimal information appropriate under such circumstances, no executive session, and the only way we could find out more facts was to hunt down the information.  Some councilors did.

A similar problem is how certain councilors seem to have a problem to working independently of the Mayor’s office.  An example on point is when the Council convened a Budget Committee meeting to develop the Council’s budget message to the Mayor.  Some of us sat in shock as Barry LaCasse and Mayor Dumas walked in and sat down.  Then Councilor Kirby had the audacity say that he had invited them there. Of course it was a public meeting and anyone could be there but it looked horribly like they were inappropriately meddling in Council affairs. Could they not see the unethical conflict of interest in being there to help us write a message that was to go to them?

How about the fact that their presence can also be seen as an attempt to intimidate the council?  Two councilors, Walter Thibodeau and Rick Conti got up and walked out.  I sat there in awe and watched because this was my first budget message meeting and I was wondering in the back of my mind if this was the standard operating procedure for our council messages to the mayor’s office.  Last year I was taking the Massachusetts bar exam.

Experiences like these are why Councilor Conti voiced his concern when he pointedly asked Councilor Kirby if the Administration was going to be invited to help participate in updating the Council Rules of Procedure.  And yet many councilors dismissed his concern.   think his concern is legitimate and has already had some serious consequences.  This council has a history of being inappropriately close to the Mayor’s office and this does not serve the city well.  

In short, Aristotle had it right.  An unethical process is a problem regardless of good intentions. In order to maintain the public trust we need a healthy process that balances the powers of government, even local government.  It would be good for the City of Attleboro to have a more independent City Council because it would lessen the possible ethical issues that can arise when we don’t have a healthy balance and politicians take unethical shortcuts that cost us all much more in the long run.