Massachusetts Attorney General Andrea Campbell’s office ruled last Friday that a discussion during the July 9 Lowell City Council meeting violated the state’s Open Meeting Law, but other than cautioning against future such violations, determined no further action was necessary.

In responding to the complaint filed by former Assistant City Solicitor Kerry Jenness, Assistant Attorney General Matthew Lindberg found that the Council violated the Open Meeting Law “by posting an insufficiently specific notice for its July 9 meeting.” (Full ruling is published below)

That meeting saw City Councilor Erik Gitschier ask for a suspension of the rules to discuss the process for replacing John Leahy on the governing board. A week earlier, InsideLowell had broken the news that Leahy would be stepping down on July 23rd to accept a job with the Lowell School Department.

Gitschier’s motion eventually led to a spirited discussion and vote on fellow City Councilor Rita Mercier’s motion to have the board appoint a replacement rather than wait for a Home Rule Petition to be enacted that would allow for a special election. Gitschier expressed concern that such a vote would lead to an Open Meeting Law (OML) violation, which City Solicitor Corey Williams disagreed with. The council eventually voted on and passed Mercier’s motion, setting the stage for Corey Belanger’s appointment as Leahy’s replacement at the July 23 meeting.

Jenness, the wife of current Councilor Wayne Jenness, asked the Attorney General to rescind that July 9 vote on Mercier’s motion.

As part of his research into the matter, Lindberg wrote he “reviewed articles posted at Inside Lowell” and cited them in his written ruling.

While agreeing with Jenness that the vote constituted an OML violation and spelling out exactly why, the Attorney General’s office declined the request to revoke that vote, spelling out that the July 23 meeting in which Belanger’s appointment occurred was conducted properly and that no further action was required.

The investigation did, however, determine that an item addressing Leahy’s impending departure should have been placed on the July 9 meeting agenda, writing that Mayor Danny Rourke and City Manager Tom Golden should have reasonably anticipated that the Home Rule Petition and the Leahy seat vacancy would come up for discussion.

In closing, Lindberg wrote “we order immediate and future compliance with the law’s requirements and we caution that similar future violations may be considered evidence of intent to violate the law. We now consider the complaint addressed by this determination to be resolved.”