OPEN MEETING LAW COMPLAINT: THE CENSORSHIP? IT WAS DONE WITH MALICE

 

City Clerk Adam Hurtubise's first violation of the OML was his intentionally disposed of my petition to the city council on or about April 30, 2021 so that he and the council president, Richard F. Caraviello, could maliciously alter the meeting minutes in regards to a police report on the vice president of the city council.  In essence, the speech on my petition was erased to deceive the public intentionally.  My three paragraphs contained a declaration that the petition was not to be altered in any form. Clerk Hurtibise did not contact me, created his own deceptive petition on the "reputation" of a "city employee" denying the taxpayers and voters critical information on a public figure, an elected official, during an election cycle. Essentially, Clerk Hurtubise in concert with Council President Caraviello could claim it's a "personnel issue," even though I prevailed over the city when it used that ploy in regards to public figures on the police force, a public records request the city denied me, but was overruled by the records division of the Sec. of State.  City Council Vice President Adam Knight's misconduct at Bank of America on April 1, 2021 was included on the VERY PUBLIC Police Dispatch register of 4/1/21, without mentioning Knight's name.   On May 4, 2021 at about 9:15 pm at the Council I gave my name at the podium, Joseph Viglione, and the real topic "Knight Police Report."  Immediately the Council President, Caraviello, asked for my street address, which I gave, and that he and the city solicitor, I believe he said, wanted this for Executive Session.  The second violation is of  G.L. c. 30A, §21(a)(1) May a public body perform an evaluation of an employee in executive session?  https://www.mass.gov/info-details/frequently-asked-questions-about-the-open-meeting-law#frequently-asked-questions-about-public-bodies-  No. Deliberations conducted for the explicit purpose of evaluating the professional competency of an individual may not occur during an executive session. See G.L. c. 30A, §21(a)(1). While conclusions drawn from deliberations about professional competency may be part of a deliberation for another executive session purpose, the evaluation of professional competency, itself, must occur during an open session." from OML website. The city clerk himself relegated the public figure, Knight, to status of a lowly employee and made the "reputation" claim. They chose to hide the facts in a public police report to benefit themselves, which may be a State Ethics Commission complaint as well.  Caraviello, who lost in court to me in 2017, and especially Adam Knight, stop petitioners from speaking at the council, and their policies and procedures for public access also violate the First Amendment, which they took an oath to uphold.  They silenced me and held my speech to the end of the session with fewer viewers. It was intentional, violated free speech, and was done with malice.