GN – Mayor’s Aide and former ace reporter Jen Myers who is a wealth of information and knowledge on government rules and regulations provides some solid information on the mediation question.

JM – The mediation session was not illegal. The City Manager is not bound by the Open Meeting Law. The section you cited applies to the Council. If the Council (or School Committee or Planning Board or a Board of Selectmen ) wanted to enter into a mediation session with someone that is the process.

From the Attorney General’s Open Meeting Law guide:
Boards of selectmen and school committees are certainly subject to the Open Meeting Law, as are subcommittees of public bodies, regardless of whether their role is decision-making or advisory. Neither individual government officials, such as a mayor or police chief, nor members of their staff, are “public bodies” subject to the law, and so they may meet with one another to discuss public business without needing to comply with Open Meeting Law requirements.
**** The CM is not bound by Open Meeting Law; the mediation session was totally legal.*****

GN – Which then leaves the question about why the need for the executive session based on the 9 exceptions listed by the state??

Exception Nine – “To meet or confer with a mediator, as defined in section twenty-three C* of chapter two hundred and thirty-three, with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or body, provided that: (a) any decision to participate in mediation shall be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and (b) no action shall be taken by any governmental body with respect to those issues which are the subject of the mediation without deliberation and approval for such action at an open meeting after such notice as may be required in this section. “

I don’t work in the City Government and may not understand the day to day activities has the City Manager pointed out about most of the citizens of Lowell defending his administrations mishandling of the Inspector General’s Letter so maybe he can also clear up my misunderstanding or ignorance of the State Law / Open Meeting Law when it comes to Executive Session.

I can’t understand why there is a Council Agenda Item -
19. Executive session regarding the settlement of Bayliss v. City of Lowell, et al

Mr. Bayliss was publicly asked to resign and publicly given a letter that withdrew that request and he resigned on his own.

So I don’t understand the need for this session. I have gone to the State website listing the reasons that Executive Sessions are allowed and until I came to item 9 I could not find any reason that came close.

When I found this item I had to wonder if the purpose of this session is to explain to the Council why it appears the Manager participated in a mediation session without discussing it with the Council at a public meeting defined in that item.

I really didn’t even think of this has being a “mediation” until Chris Scott in his Column Blog had the following:

The Column Blog has learned the mediation session, which began about 10:30 a.m. and lasted 12 hours, was led by lawyer Michael Gallagher and his close friend, lawyer George Eliades

So if this was indeed a formal mediation session than it appears the Council should have been notified in open session and voted on entering said session BEFORE the manager on behalf of the city entered into this agreement.

It appears on the face that this may have been an illegal session IF this was truly a mediation. If this is the case it appears to be another blunder in the way this entire episode has transpired.

Maybe the Manager can clear this up for us?

*Section 23C. All memoranda, and other work product prepared by a mediator and a mediator’s case files shall be confidential and not subject to disclosure in any judicial or administrative proceeding involving any of the parties to any mediation to which such materials apply. Any communication made in the course of and relating to the subject matter of any mediation and which is made in the presence of such mediator by any participant, mediator or other person shall be a confidential communication and not subject to disclosure in any judicial or administrative proceeding; provided, however, that the provisions of this section shall not apply to the mediation of labor disputes.

For the purposes of this section a “mediator” shall mean a person not a party to a dispute who enters into a written agreement with the parties to assist them in resolving their disputes and has completed at least thirty hours of training in mediation and who either has four years of professional experience as a mediator or is accountable to a dispute resolution organization which has been in existence for at least three years or one who has been appointed to mediate by a judicial or governmental body.

Back in December of 2011 I had this Post which included Some Highlights from the Weeks City Council Packet:

Settlement with Kaz includes back fees ,

In City Council / VOTE
Authorizing the City Manager to _execute a Settlement Agreement by and between the City. L & J Property Management, LLC and Kazanjian Enterprises.

That the City Manager be and hereby is authorized to execute a Settlement Agreement between the City, L & J Property Management, LLC and Kazanjian Enterprise , Inc., relative to property located at 190 Middlesex Street, Chelmsford, MA for the purpose of providing sewer connection services to the property.

NOW THEREFORE, in consideration of Fifteen Thousand and No lOO ($15,000 .00) Dollars paid by L & J to the City. the receipt of which is hereby acknowledged, and other mutual consideration by and between all parties to this Agreement, the City, L & J and Contractor agree as follows:

3. The City will recommend the approval of the out-of-town sewer connection to the City Council.

5. L & J will reimburse the City of Lowell Waste Water Department the sewer service charges for the property from the date water service commenced, June 8 2009, to the present date. Said sewer fees will be determined by the Lowell Waste Water Department and be based on water usage and sewer rates for commercial usage in Lowell.

7. L & J will agree to pay to the City of Lowell the standard sewer tie in fee for the property as determined by the City of Lowell Engineering Department.

8.The payment to the City of Lowell of $15,000.00, as stated above, shall be considered additional sewer tie in fee for the privilege of allowing L & J to tie their 190 Middlesex Street, Chelmsford property into the Lowell Waste Water System

There is nothing in this weeks public City Council Packet that mentions anything about the Bayliss settlement.

If all the information regarding former City Councilor Kazanjian settlement was made public, why isn’t the settlement with former Commissioner Bayliss?

The media knew about the request for his resignation before he did, why isn’t this settlement public?