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July 7, 2009

Two Heavy Hitters Weigh In

by at 9:25 am.

In case you hadn’t seen it - Michael Gallagher and Eileen Donoghue weigh in on the “personal” nature of the attack on the city manager’s assistant (and by extension, the city manager, and our very charter itself).

When you see Eileen Donoghue wading back into the muck of this mess, you can bet some heads might start rolling.

The troubling fact is that the six councilors’ recent action would appear to violate the spirit and intent of the Plan E form of government — and sets some dangerous precedents going forward. Simply restoring funding for the position, then, while a necessary step, would not seem to be a fully adequate remedy.

In this regard, Massachusetts General Law chapter 43, section 107 provides that neither the City Council nor any of its members “shall direct or request … or in any way take part in” the removal of any person in that portion of the city government for whose administration the city manager is responsible. The framers of this law thought this check and balance was so important that there are serious penalties for a violation of the statute, including fines, prison time, removal from office, and even making the elected official permanently ineligible for “any office or position, elective or otherwise, in the service of the city.”

This is the crux of why:

To condone the action of the six councilors here is to set a dangerous precedent. If they can “de-fund” the manager’s assistant this year, maybe next year they will de-fund the city’s CFO or the DPD director or whoever else is not to their liking. In addition, if they can appropriate the manager’s authority with respect to personnel, what will stop them from unduly interfering with his duties and responsibilities in other respects?

And (bold mine):

The challenge is that the appropriate remedy is not entirely clear because there is little or no precedent in Massachusetts for how to proceed. The likelihood of any governmental body taking action on what will surely be perceived as a local matter seems remote. Maybe a legal claim would lie now or in the future depending on how the facts emerge. But then again, maybe the simplest, least costly and divisive, and most fitting remedy is at the ballot box in November.

I vote for legal action. It’s the same argument I have for investigating and prosecuting Bush administration officials for war crimes and violating our treaties (illegal torture) and illegal wiretapping and illegal holding of both American and nonAmerican citizens - it’s not simply about giving them “what’s coming to them” - as satisfactory as it might be to see Cheney doing a perp walk. It’s imperative that we kill any precedent for such violations of law in future administrations - be they Republican or Democrat.

The fact is, going after legal action for this violation of our Plan E charter will shut down any notion that future lawbreaking will be tolerated. End of story.

25 Responses to “Two Heavy Hitters Weigh In”

  1. Ryan Adams Says:

    “I vote for legal action.” As soon as I read that, I thought about the *exact same thing* you then wrote in the next sentence, without actually reading the next sentence yet. It is *essential* to prosecute these kinds of things. As we saw with Bush’s power grab, the next administration will *not* give up those new powers. Watching Obama go back on his promises and support the idea of all this secrecy should be astounding, but it’s what constitutional law profs all over the country were warning about more than a year ago today… and they were absolutely right.

    I’m glad Lowell has someone like Eileen Donoghue. She continually impresses me. It may just take someone like her to clean up this mess — and the fact that she has the courage to do it, put her name out there and take that risk, is truly inspiring. I hope someday her presence is felt far beyond the greater Lowell area.

  2. MOONLIGHT Says:

    God bless eileen and michael for coming forward
    legal action is needed, or maybe a candidcy by
    eileen and michael would that be nice !!!

  3. Eleanor Rigby Says:

    I too am encouraged to see Donoghue and Gallagher weigh in on this, but the question, as they point out, is what legal action an who is the appropriate party to take the legal action?

    The CC certainly will not, doubtful the CM will do it so who is the appropriate party and what court is it filed in that would be willing to get involved in a “local issue” since there appears to be no precedent.

    Lowell’s pols blazing new ground! Makes you proud doesn’t it?

  4. jack Says:

    Yes, Please don’t let EVRITA of Lowell get away with her baloney any longer. And the short sighted petty pols around her should be held accountable as well.

    GO Eileen and Michael.

  5. Bill Says:

    Lefty, I think your site will serve the community well by doing to
    things: Try to get people run and strongly support onelowell’s ballot
    question. It is my opinion that the “porporation representtion” model will get more prople to run and will get a much larger turn out in November. Most important is that a person can run a campaign without
    spenting a large amont of money.

  6. Eleanor Rigby Says:

    Bill, I know it’s not my blog but I for one am not even close to being sold on statements that proportional representation will do anything other than give the same at-large councilors a favorability rating.

    I do however believe that district representation with a minority of at-large seats will attract more people since the cost to run will be much lower and neighbors all over the city, not just a couple of sections, will actually be involved.

  7. Bob Forrant Says:

    Springfield,MA struggled for years to get elections changed from an all at-large city council to one with ward representation. It took a long time, a federal court case, a ballot questions and it finally passed. This November will be the first time folks will elect the council by neighborhood. Holyoke has a mix of ward councilors (7) and I believe 4 at-large. So, in a city of very distinct neighborhoods, the council there somewhat reflects the city’s mix of people - unlike Lowell. I helped managed campaigns in Holyoke and it was a lot easier to door knock and identify supporters and get them out to vote in the smaller area you needed to campaign in and it was a lot cheaper than having to produce so much literature and/or take out expensive ads in the newspaper to reach all of the voters.

    Lowell’s current council, esp. the gang of six, feel a sense of historic entitlement and remain protected by the citywide election system and the webs of political families that still hold so much power over events here. While the current controversy upsets and angers us and the points raised by Michael Gallagher and Eileen Donoghue are very good ones, I’m not so sure this moves lots of long-time voters to turn against the ‘gang of six’. There need to be a number of clearly defined issues that spell out differences over how the city is going to move forward in the face of the grinding economic downturn. The voices that can articulate a vision for a better city, for job creation, for ways in which we can benefit from the presence of Middlesex CC and UMass Lowell, for ways in which the Hamilton Canal Project will uplift the neighborhoods around it too, for how the university’s purchase of the D’tree Hotel will generate a good deal of business for establishments around it, these are the voices that will begin to attract new voters and long-time voters over time.

  8. Victoria Says:

    Eleanor, have you read the info on the www.fairvotelowell.org website? I’d be glad to sit down and talk with you about it. Ultimately, at this point, unless someone initiates a campaign around district representation, Choice voting is what we’re hoping to put before the voters. We spent a long time researching the different voting systems as well as talking with a variety of constituents in Lowell before coming to the conclusion of what would work well in Lowell. There are advantages and disadvantages to both systems. So, the vote would be between Choice voting and the current system. Why not give something new a try? Since there’s no current campaign for districts, you could still try that later if Choice voting wins and you decide then, after seeing it in action, that you don’t like it.

  9. lowellgal411 Says:

    Mike Gallagher should stay in Groton, where he now resides, and leave Lowell government to the people who actually live here.

  10. K-R-S Says:

    LowellGal, Atty Gallagher in fact lives in Lowell

  11. Ned Says:

    Mike Gallagher lives in Lowell donkey! Belrose Ave…nice house ta boot!

  12. lowellgal411 Says:

    I don’t think categorizing someone as a “donkey” is really necessary Ned. If I made an error mea culpa. I had heard that recently. I think your reaction is a bit overboard. I’m sure I could find a few adjectives to describe you but I’ll refrain. Lowellgal or not I have some class.

  13. Ned Says:

    Class indeed Lowell Gal. Class indeed.

  14. Eleanor Rigby Says:

    Victoria, I will read your site this weekend however based on the explaination in the paper when you first went public with choice voting it seems to me that it all but eliminates the votes from most of the city.

    As I understood it there is a formula that tips the scale so once a candidates reaches X number of #1 votes he or she is in, then the remaining number 1 votes for candidate 1 shift to the candidate with the most number 2 votes until that person reaches the tipping point and so and and so on.

    Than means large turnouts in Belvidere and the Highlands will continue to control the elections no matter what anyone else in the city does!

    If the choice is between that and the current system then I will vote to maintain the current system. I may not have the mechanics down exactly but I think they are close enough for me to not like it.

    Also if I understand my Lowell history correctly, this is the same system that was implemented when the city first went to Plan E and was scrapped a few years later.

  15. Jack Mitchell Says:

    lowellgal,
    I’m sure you have some class, just not enough to refrain from making the cheap “blow in” quip.

    Is it OK for me to speak up? I’ve only been here for a dozen years. Do I count, yet?

    PS. The “donkey” bit was rude.

  16. lowellgal411 Says:

    My point is that you need to live here to partake in the critique of the government. Anyone that lives here, no matter how long, should participate in their government. That was not a “blow-in” remark. It was a “blow-out” remark. If you choose to move out of the City you lose your spot in line and your abililty to complain. Just like if you don’t vote don’t complain. That’s just how I feel. I didn’t make a blow in remark. I think its great when people move to the city and get involved.

    Ned, it must be another address than Belrose ave. I checked the assessors database and no-one owns a house on Belrose Ave with the surname Gallagher.

  17. K-R-S Says:

    LowellGal, ur right, he doesn’t live on Bellrose, but I’m not about to post his address.

  18. lowellgal411 Says:

    I wouldn’t want to post anyones address. It’s an invasion of privacy. It’s easy enought to find if anyone wants to.

  19. Mimi Says:

    Lowellgal:

    For the record Att. Gallager is a 4th generation Lowellian; and a Lowell business owner.

    However he should not be judged by how long he has lived in Lowell but by the validity of the arguments he presents in his op- ed piece.

  20. Ned Says:

    Corner of Belrose and Waverly…probably Waverly. Heyyyoooo!

    “Mike Gallagher should stay in Groton, where he now resides, and leave Lowell government to the people who actually live here.”

    Sorry about the Donkey comment. I actually wrote jack-ass and then deleted it thinking donkey was a less biting remark for someone who makes critical comments about someone based on erroneous information. Specifically someone who can access the Assessor’s database on a whim.

  21. Jack Mitchell Says:

    As someone that enjoys the NH primary and NH politics, I’m compelled to disagree that residency is pertinent. One risks being caught ill informed when they peer in “from away.” (A NH insider joke) However, certain subjects can be discussed on their face. Did the six err in relation to Plan E. Imo, anyone can chime in on this.

    What was the motivation of the six? Well, that is something I choose to refrain from speculating on. The further away you are, the more likely rumor and innuendo will factor in.

    Not to play “Dragnet,” but I prefer “just the facts, ma’am.” The CC, by the nature of their position, must be fully versed in the matters they address. If they act without aforethought, they could be negligent. That is something Lowell citizens have a duty to discover.

    There have been comments on whether there are grounds for legal action and if resolution will come from such action. I have read that the law has never been challenged, along these lines. Hmmm, how else could we advance any understanding of the applicable code, if not by litigation?

    I am sensitive to broad concerns over “frivilous lawsuits.” The just administration of our city is NOT a frivilous matter. EVER! I am inclined to be put off by those that do not get this at the gut level. For now, I’m keeping an open mind.

  22. Mr. Lynne Says:

    “My point is that you need to live here to partake in the critique of the government. ”

    I’m not sure how valid that is. Critique’s are valid or not independent of who makes them or where they live, no?

  23. Shalloteer Says:

    Ned, your comment came across as extremely inappropriate and very disgusting. Maybe your experiences have taught you that that tone is the only defense you have, and if so I’m sorry, but that doesn’t mean that everyone deserves it. I am deeply offended and think you should immediately and permanently be banned from Left in Lowell. How dare you.

  24. Lynne Says:

    Guys, tone it down. Ned, you have a warning.

  25. Shalloteer Says:

    Yea Ned. You have a warning from me too. Cut it out. Seriously.

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