February 28, 2007

Did Cambridge City Council Violate State Law?

Did Cambridge City Council violate state law?
At the Cambridge City Council meeting on December 18, 2006, the Council voted to direct the Planning Board to thwart any requests from Nordic properties, which purchased the Radisson Hotel (Fenway at 777 Memorial Drive). They also passed an order to draft a down zoning ordinance to designate the property near the Radission as open space.
Their action may be a violation of the below statute Mass Gen. Laws Ch. 43, Sec. 107. Violations carry fines, imprisonment, removal from office and prohibition from holding office in the city. All nine Councilors voted to do this.
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE VII. CITIES, TOWNS AND DISTRICTS
Chapter 43: Section 107. Interference with city manager by council forbidden; penalty Section 107.
Neither the city council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in that portion of the service of said city for whose administration the city manager is responsible. Except for the purpose of inquiry, the city council and its members shall deal with that portion of the service of the city as aforesaid solely through the city manager, and neither the city council nor any member thereof shall give orders to any subordinate of the city manager either publicly or privately.
Any member of the city council who violates, or participates in the violation of, any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both, and upon final conviction thereof his office in the city council shall thereby be vacated and he shall never again be eligible for any office or position, elective or otherwise, in the service of the city.

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Order passed *
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Cambridge has a Plan E form of government which gives all administrative power to the City Manager. Under the statute quoted above, "neither the city council nor any member thereof shall give orders to any subordinate of the city manager either publicly or privately." On December 18, 2006 the Council passed order # 10, below, and other orders regarding the employer who offends them.
O-10 IN CITY COUNCIL
December 18, 2006
COUNCILLOR GALLUCCIO
COUNCILLOR SULLIVAN
COUNCILLOR DAVIS
COUNCILLOR DECKER
COUNCILLOR KELLEY
COUNCILLOR MURPHY
MAYOR REEVES
COUNCILLOR SIMMONS
VICE MAYOR TOOMEY

RESOLVED: That the City Council convey to the Honorable Chair and Members of the Planning Board its strong opposition to Application #223 by Nordic Properties for a Special permit to construct 56 units of housing at 777 Memorial Drive;
and be it further RESOLVED: That the City Council oppose this special permit based on the applicant's demonstrated inability to conduct its business in either a humane or ethical manner. Nordic Properties has terminated their employees on the heels of this holiday season. This conduct alone leads one to a very strong conclusion that Nordic Properties should not and cannot be a decent neighbor to our city;
and be it further RESOLVED: That it is the strongest hope of the City Council that the Planning Board will deny this application.
In City Council December 18, 2006
Adopted by the affirmative vote of nine members.
Attest:- D. Margaret Drury, City Clerk
A true copy; ATTEST:- D. Margaret Drury, City Clerk

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Roy Bercaw, Editor
ENOUGH ROOM
Cambridge MA USA

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