WEBVTT METADATA Video-Count: 1 Video-1: youtube.com/watch?v=X5xxMT49t1s NOTE MEETING SECTIONS: Part 1 (Video ID: X5xxMT49t1s): - 00:00:45: Meeting Opening, Pledge, and Approval of April Minutes - 00:03:00: Appointment of Christopher Buckley as Hearing Officer - 00:07:54: Councilor Questions Buckley About Political Involvement - 00:09:59: Attorney Hooton Clarifies Recusal and Ticket Process - 00:12:12: Councilor Questions the Current Hearing Process - 00:13:18: Motion to Full Council, Buckley Addresses Misconceptions - 00:14:59: Maria Calls the Roll, Hooton Describes Ordinance Modification - 00:16:05: Reappointment of Daniel Foley to Airport Commission - 00:17:28: Foley Reintroduces Himself and Outlines Contributions - 00:19:59: Improvements Foley Would Like to See - 00:22:29: Motion to Full Council With Favorable Recommendation - 00:23:31: Meeting Adjournment Part: 1 1 00:00:45.920 --> 00:01:14.000 That's the one. So we don't need that. >> Good evening and welcome to the personnel committee meeting. Today is Thursday, May 14th. It is now 7:13 p.m. Voting members present. To my left we 2 00:01:14.000 --> 00:01:30.640 have Councelor Rosal Lee Gonzalez and to my right we have councelor Franklin Miguel, the committee's vice chair and also city council vice president. Um councelor Anna Levy is unable to attend tonight's meeting. Pursuant to chapter 20 of the acts of 2022, this meeting of 3 00:01:30.640 --> 00:01:45.119 the personnel committee is being conducted both in person and via remote participation. A reminder is that persons who would like to listen or view this meeting while in progress may either attend here in the city council chamber or or follow the meeting through 4 00:01:45.119 --> 00:02:03.920 our Facebook and YouTube um channels accounts. At this point, can you please join me in the pledgece to the flag of the United States of America and to the republic for it stands one nation indivisible with liberty and justice for 5 00:02:03.920 --> 00:02:27.840 all counselors? Do we have minutes to approve from the April 13th, 2026 meeting? Can I have a motion? >> Motion to approve. >> Motion has been approved by councelor Miguel. Second, seconded by councelor Gonzalez. Is there any discussion on the 6 00:02:27.840 --> 00:02:43.920 minutes? >> Seeing none, all those in favor say I. >> I. The eyes have it. Councilors, before we get into the two new businesses, can I have a motion to table item 205-26, appointment of Carmen Garcia King to the 7 00:02:43.920 --> 00:03:00.560 Lawrence Municipal Airport Commission? >> Motion to table. >> Motion has been made. Is there a second? >> Second. Probably seconded. No discussion on table items. All those in favor say I. I. The eyes have it. Um, first order of business, uh, of new business is item 8 00:03:00.560 --> 00:03:15.680 172-26, appointment of Christopher Christopher Buckley, municipal hearing officer, and we have city attorney Tim Hooton here on behalf of the mayor to discuss this matter. >> Good evening, councilors. Uh, Tim Hoo, 9 00:03:15.680 --> 00:03:32.720 city attorney. Uh, before I introduce Mr. Buckley, let me give you a little background on what this is and why we're here. So a uh municipal hearing officer is required under master general laws. So he's referred to or he or she as a 40U. Now that's just the statute. It's 10 00:03:32.720 --> 00:03:49.760 chapter 40 section U. And what it means is when the under the law when the city writes a ticket and it can be a ticket for a trash, it can be a ticket for u something you housing faulty wiring uh any of the tickets that we have. there 11 00:03:49.760 --> 00:04:06.159 has to be a right of appeal to to an independent person. So that's under chapter 4. So within 21 days of receiving a ticket, uh a person in Lawrence has a right to appeal and that person has to be independent, can't work 12 00:04:06.159 --> 00:04:24.400 for the um inspectional services. So what that is is an officer and in many cases it it is in most cases it's an attorney. um he's not an employee, he is an outside vendor who comes in and hears and he will then hear those cases. Um 13 00:04:24.400 --> 00:04:40.880 make a determination if the ticket is substantiated or not, maybe try to work them out or whatever. And at that point, if the person um doesn't like the res the result, uh they can appeal to the district court. So that's their that's the whole process. So they do have a 14 00:04:40.880 --> 00:04:56.880 right. Um and if they don't appeal or they don't and they don't pay, we we then bring them to district court to make them pay. So that that's the purpose of this. So um in the past, uh what we had had is we had a a grant for 15 00:04:56.880 --> 00:05:13.759 a long time where the 40U officer was paid for by the fire department. So the fire department had someone that came in and he he was our 40U officer. Just recently in the past year, we've had attorney uh Jeffrey Hernandez and attorney Hernandez was the 40U officer. 16 00:05:13.759 --> 00:05:29.199 He we hold hearings up on the second floor. Uh within the past, I believe it's now six weeks now that uh attorney Hernandez announced that he was moving on. He was changing things and he really because of the schedule, he couldn't 17 00:05:29.199 --> 00:05:45.120 come here and and do the hearings. So, we went out looking for an attorney that was willing. Um, attorney Buckley uh expressed his interest. As a matter of fact, um, even, you know, there's been no appointment. There has been nothing done. Attorney Buckley has already taken 18 00:05:45.120 --> 00:06:00.800 the training that um, for it. So, regardless of of what happens, he he he wanted to be knowledgeable of what he had to do and and and what it entailed. So, with that, I can bring up uh, Attorney Buckley. And any question you have, I believe you 19 00:06:00.800 --> 00:06:17.840 have his resume. It was included. So, >> attorney Buckley, >> thank you. >> Good evening, members. How are you? >> Good. Name and address for the You can use your your business address for the record. >> Yeah, my business address is 600 Andover Street in South Lawrence. >> All right, Mr. Well, Attorney Buckley, 20 00:06:17.840 --> 00:06:32.639 uh, tell us a little bit I mean, we do have your resume, but tell us a little bit about yourself and and why you're interested in serving in this position. >> Yeah, thank you very much. Um, I've actually been, um, a practicing attorney since 1993, um, when I passed the bar exam. Um, I've been primarily in 21 00:06:32.639 --> 00:06:48.560 Lawrence for about 30 years. I did grow up in the town of Andover, but I worked my entire young adult life and adult life here in the city of Lawrence. Um, I've practiced civil cases. I've practiced criminal cases. I've appeared before the Superior Court, the District Court, different hearing bodies, 22 00:06:48.560 --> 00:07:04.800 tribunals, um, hearing officers, etc. Um, and I've practiced both civil and criminal cases. My understanding of this, uh, appointment, it's for civil, uh, tickets or infractions for residents. Um, I'm sympathetic to those residents as well because I'm a property owner here in the city. I actually do 23 00:07:04.800 --> 00:07:21.039 own the building at 600 Andover Street in South Lawrence. So, if you drive by the McDonald's in South Lawrence, stop by and say hello. You'll see me there. Um, I think it's an interesting opportunity to serve the uh the community. I think that uh the city has an interest obviously in, you know, the residents complying and keeping things u 24 00:07:21.039 --> 00:07:37.759 you know, in the with the requirements of the uh the ordinances and statutes. But um you know my object will be to uh to provide a fair and reasonable hearing to all people that come and uh hear the evidence, the facts and then just make a decision with regard to you know compliance or non-compliance. 25 00:07:37.759 --> 00:07:54.319 >> Thank you. >> Now there's any questions for attorney Buckley? >> Dana none. I actually have a few question uh questions or comments. Um, so I actually I I am aware of of the 26 00:07:54.319 --> 00:08:09.360 location of your your law office. I'm actually the counselor of the area, so I drive by all the time. I live on Mount Vernon Street, so I'm very familiar with that area. Um, I'm also very familiar of the fact that that's a prime political 27 00:08:09.360 --> 00:08:25.840 area during campaign season. And I recall, I believe it was the second time I ran for city council. actually reached out to I'm not sure if it was you or I have to look back at the email. It's been a while, but I reached out to to see if I 28 00:08:25.840 --> 00:08:41.919 could have permission to also put my sign there. And I was told that the reason why uh Mayor Deena and other candidates that he supported could put signs there is because he is a client. So, I have that in writing and I want to 29 00:08:41.919 --> 00:08:57.920 know if you were to be approved for this position. I just heard from the city attorney that this position needs to be completely separate. It has to be a independent entity. So, how are you going to maintain that when up to this point your location has been very 30 00:08:57.920 --> 00:09:13.120 politically involved during campaign season? >> Well, that's a good question and thank you for asking it. Um, if there was some misunderstanding with regard to your suggestion or your request, it certainly didn't come from me. Um, there are two other attorneys that are in the building. Um, I don't 31 00:09:13.120 --> 00:09:29.839 believe I ever responded to anyone in writing with regard to a denial of a sign to be put on a fence. Um, we certainly wouldn't restrict someone's right to do it. Um, in fact, we tried to limit people's right to do it because quite frankly, we don't want it to become signed village down on the corner. Um, with that said, certain 32 00:09:29.839 --> 00:09:44.959 people have come and knocked at the door and I've always said if you come and introduce yourselves and make yourselves known, we'd be try happy to try to accommodate. But uh again, if we get unsolicited requests, probably they went unanswered or or unfulfilled. Um as far as being neutral, um I think that uh you 33 00:09:44.959 --> 00:10:01.839 know, part of my obligation will be to be totally neutral and objective if it's possible. Um if I have to recuse myself of some kind of a conflict, I certainly will. I'll disclose it to the parties and step away. >> Oh. Um then I have now I have a question for you. Um Attorney Hooton. So, say if 34 00:10:01.839 --> 00:10:16.720 there is a situation that attorney Buckley would have to recuse himself on if given if approved for this position, how would that affect? Well, I'm assuming we don't have someone now. So, would we be following the current process? How how would that affect the process? 35 00:10:16.720 --> 00:10:33.120 >> Well, we would get someone depending it really depends on the ticket. If it's a if it's a $25 ticket, I think we would just say say Lav um which is something that we're doing right now. But if it was a substantial fines, I mean, let me 36 00:10:33.120 --> 00:10:50.240 make this perfectly clear is we are not trying to make money off this. All we are trying to do is get compliance. So before it even goes to this, by the time we write a ticket, inspectional service has probably been to that location five, 37 00:10:50.240 --> 00:11:07.120 six times, giving them help, telling them where they can how they can cure the thing, uh telling them what going on and giving them time and more time. As a matter of fact, as as the person that has prosecuted these in the past, when I go to the the district court with them, the district court, that's the first 38 00:11:07.120 --> 00:11:23.839 thing they say is, "Can you fix these things?" I mean, nobody wants to give a fine. We're not looking. That's not the purpose of it. So, yeah, we mostly would try to get work it out with the person. It's it the the rare occasion into and I'm sure you all 39 00:11:23.839 --> 00:11:41.440 representing districts. The the one that we have the most trouble with are people that own um rental property and don't live in the city, maybe don't even live in the state, don't even live in the country, and they don't even care. And those are the people that we go after mostly. Uh the the residents, you know, 40 00:11:41.440 --> 00:11:57.200 if mom and pop owns a three family and you know there's some uh steps in the back that are missing, we just explain to them, you know, the danger is for you. If somebody trips, they're going to sue you. So let's get that fixed. Here's how we do it. So that's the real purpose of it. I mean, it it's and that's why we 41 00:11:57.200 --> 00:12:12.160 have this officer because they have a right to appeal. But you know, really we give them an arm, a leg, and >> two shoulders by the time they get there. >> Thank you, Attorney. Excuse me, Attorney Hooton. Councilors, any questions? Any 42 00:12:12.160 --> 00:12:31.200 comments? >> Councelor Miguel. >> Yes. Um, I'm pretty sure you already touched portion of the the question that I asked, but are we handling right now uh how are we handling the process if we don't have the officer? Um, how is the 43 00:12:31.200 --> 00:12:47.600 city actually just addressing any, you know, big tickets? I is your office being involved on that? >> Um, to be perfectly honest with you, if and I don't want to get it out, but if someone appeals 44 00:12:47.600 --> 00:13:03.600 within the 21 days, their case is dismissed. >> Because we don't have a hearing officer. >> Okay. >> All right. Thank you. >> Why 21 days specifically? >> They have 21 days to appeal. Oh, >> so if they appeal it within the 21 days, >> Got it. Got it. >> And we don't have a hearing within a 45 00:13:03.600 --> 00:13:18.880 certain amount of time, we have to dismiss it. >> Got it. Got it. >> Got it. >> But if they don't appeal within 21 days, the ticket sticks. >> Thank you. >> Got it. >> All right. If there are no other further questions or comments, I will entertain 46 00:13:18.880 --> 00:13:35.120 a motion. >> Motion to send to full counsel. >> There's a motion on the table. Is there a second? >> Second. Seconded by councelor Gonzalez. Any further discussion? I'm going to say one last comment and um 47 00:13:35.120 --> 00:13:51.920 attorney Hootin and Attorney um Buckley. For right now, I'm going to be voting no on this for the for the political aspect of it. Now, my mind could change come next week, um the full council meeting, but as of right now, I do not feel 48 00:13:51.920 --> 00:14:10.000 comfortable supporting this, um nomination. Um, mayor. >> Yeah. I just would like him to make one statement. >> Yeah. Yeah. There was a suggestion by the council that I've represented the mayor in the past. I've never represented the mayor for anything. >> I in fact, I've only met him on really 49 00:14:10.000 --> 00:14:27.279 one occasion with my son who came and did an internship at the city attorney's office, but uh I I have never represented the mayor in any capacity. >> I just wanted to make that clear. >> Yeah, thanks for reminding me that because I did want to make >> Thank you. But I want to make it clear it's not I I have I have your resume 50 00:14:27.279 --> 00:14:42.800 here. You have an incredible background and thank you for your service as an attorney. I'm actually starting law school myself in September. So thank you. I know it's not easy. Uh but I still given you know given that response that I received and I do understand that 51 00:14:42.800 --> 00:14:59.519 it didn't come from you but um that is where I'm currently at and like I mentioned I this is how I feel now but I do know that you are an excellent candidate. So it might not be my end re my end vote next week. >> Well, I appreciate your consideration. >> Thank you. >> Thank you. 52 00:14:59.519 --> 00:15:16.160 >> Maria, can you call the role, please? >> Sure. >> Councelor Franklin Miguel. >> Yes. >> Councelor Rosalie Gonzalez. >> Yes. >> And Madame Chair Stephanie Fonte. >> No. >> No. >> Motion carries. So we will see you next week. And thank you for for 53 00:15:16.160 --> 00:15:32.480 understanding. >> And if I could add one thing, it has nothing. Well, it doesn't. It doesn't. So before the ordinance committee right now I have a modification of the ordinance regarding the 40U officer. >> Oh yeah. >> And that modification all it does is it provides an indemnification. So anything 54 00:15:32.480 --> 00:15:48.720 he does as the 40U officer the city would indemnify. We actually have a provision in our charter that says the lawyers have that indemnification. But technically he's not a lawyer for the city. He is an independent. So, I'm just extending that because his malpractice 55 00:15:48.720 --> 00:16:05.040 insurance won't cover it for this job. So, we want to get him covered. So, it when you see that, just know that they're intertwined and not intertwined at the same time. >> Understood. Thank you. >> Thank you very much. Thank you. >> The next item we have is item two, item 56 00:16:05.040 --> 00:16:20.720 204-26, reappoint of Daniel Foley to the Lawrence Municipal Airport Commission. And we have our airport manager here. And also, We do have Mr. Foley here with us today. Um, Mr. Urana, you have the floor. 57 00:16:20.720 --> 00:16:36.320 >> Sure, if I may. Thank you, counselors. Uh, good evening. I'm here in support of uh, airport commissioner uh, Daniel Foley, a retired Lawrence police officer who has been serving on the Lawrence Municipal Board for 20 years uh, on and off in his tenure. uh extremely 58 00:16:36.320 --> 00:16:52.639 supportive, focused on security with his background of in of law enforcement, and has been a tremendous asset to the airport, to the city, and to myself. Um I support uh his um recommendation from the mayor's office, and uh he's here uh 59 00:16:52.639 --> 00:17:10.720 tonight to answer any of your questions. Mr. Foley, >> hello. >> Good evening, Fley. name and address for the record, please. >> All right. My uh my name is Daniel Foley. I live at 11 Sea Drive in South 60 00:17:10.720 --> 00:17:28.559 Lawrence in your district, council. >> Uh Mr. I don't I know you've been a commissioner for a while and obviously you enjoy the work because you wouldn't be up here for me appointment if if you didn't. Uh I do have two new city 61 00:17:28.559 --> 00:17:47.120 councilors to um this this committee. So, if you don't mind just reintroducing yourself to the committee, um talk a little bit about your work and why you would like to continue this work as a commissioner. >> Well, being a commissioner on the airport commission, uh it uh it 62 00:17:47.120 --> 00:18:03.679 literally gives me something to do with my time and uh it allows me to use my uh lifetime of experience to uh to uh aid the city and help the city in uh in in the uh smooth operation of the airport. 63 00:18:04.720 --> 00:18:20.640 And I I any questions you have of, you know, uh, education, uh, uh, background or anything like that, I'd be happy to answer them. >> Thank you. Counselors, any questions or comments, >> councelor M? >> Yes. For how long you've been serving 64 00:18:20.640 --> 00:18:36.720 uh, for the airport? >> Off and on, more than 20 years. >> And how are you liking it? I'm assuming that you like it because you're coming back, right? you're still >> Yeah. It's again there's there's a a lot 65 00:18:36.720 --> 00:18:53.039 of things that I've hopefully contributed to the smooth operation of the airport, specifically the security of the airport based on my uh years as uh as a law enforcement officer here in Lawrence. Um, when I retired, I was 66 00:18:53.039 --> 00:19:09.919 lieutenant on the police department. Uh, and I was in charge of the intervention. So, uh, the city belonged to me between 5:00 p.m. and 1:00 a.m. >> Uh, and it was my responsibility to keep it safe. Uh well, with regards to the 67 00:19:09.919 --> 00:19:26.480 airport, shortly after I came on in the early 2000s, uh there was a mandate uh by the um the the state of Massachusetts for general aviation airports to come up with uh security procedures as a result of the 68 00:19:26.480 --> 00:19:44.240 9/11 attacks in New York. and uh and I worked on uh on putting together a a security uh program for the airport and uh that stayed in effect until actually this year when we revamped it and we 69 00:19:44.240 --> 00:19:59.360 improved it and we just voted upon it uh last month. So we have a new uh security uh plan for the airport and uh again it protects us, it protects our interest and it covers our uh our basis uh you 70 00:19:59.360 --> 00:20:18.640 know in terms of liabilities and and whatnot you know so it protects the city. >> Thank you. U Mr. fully. What would you say is one thing that I mean as a veteran commissioner that perhaps 71 00:20:18.640 --> 00:20:35.120 could use some improvement in the airport that perhaps um you didn't realize before but you see some potential for the future whether if it's the security what whatever it may be what what are some improvements you are seeing that you could you could 72 00:20:35.120 --> 00:20:50.559 >> in terms of security for the airport >> could be security it could anything in general that keeps the sec the the the airport operating? >> Well, we've uh during our time we've uh we've installed cameras and uh and um 73 00:20:50.559 --> 00:21:06.000 extensive amount of fencing. The airport isn't completely enclosed in fencing yet, but uh that's one of my uh personal uh goals. Uh and um uh again just keeping people who aren't supposed to be 74 00:21:06.000 --> 00:21:22.720 in the airport out of the airport and uh identifying. We have badge uh systems. We have uh card readers. Uh we know who enters and who leaves the airport because they have to scan a card. Um 75 00:21:22.720 --> 00:21:39.919 and again, uh you know, god forbid, you know, somebody goes in and steals a plane and flies it into a building. Uh that's that's a real possibility. So that's, you know, and we're in uh we have a um a secure uh um 76 00:21:39.919 --> 00:21:56.080 connection to the North Andover Police Department. And uh just this last year, we had a breach uh where somebody drove a car into the uh into the airport through an open gate which had been left o open during the snowstorm because of the snowstorm. 77 00:21:56.080 --> 00:22:12.799 and uh a man uh drove his car in to the uh to the airport and he was driving around one of the runways at 3:00 in the morning and uh one of the uh one of the um people who own a a hanger at the airport happened to be there and uh he 78 00:22:12.799 --> 00:22:29.039 contacted the North Police Department. They responded, they arrested the man and uh everybody's living happily ever after. Understood, >> councilors. Um, at this point, I will entertain a motion. 79 00:22:29.039 --> 00:22:44.159 >> I just have one question. >> Council Gonzalez, um, how long is the term? >> Pardon me. >> How long is the the term for airport commission? Commissioner, >> I'm sorry. 80 00:22:44.159 --> 00:23:00.320 >> How long? How long is this? I believe it's a three-year appointment. >> Okay. And um aside from giving you something to do as you have stated um do you see yourself completing the full three years? 81 00:23:00.320 --> 00:23:15.600 >> Yes. >> The upcoming three years >> if I live long enough. >> Yes. >> Okay. All right. That was all. Thank you. >> You're welcome. >> All right. At this point I will entertain a motion. >> Motion to send to full counsel with federal recommendation. >> Second. 82 00:23:15.600 --> 00:23:31.200 >> Motion has been made properly seconded. Any further discussion on the matter? Seeing none, all those in favor say I. I. I. And nise. The eyes have it. Mr. Poy will see you next week. Thank you so much. 83 00:23:31.200 --> 00:23:46.400 >> Thank you. Thank you, council. >> All right, counselors. Um, there's no other matters for tonight. Can I have a motion to adjurnn? >> Motion to adjourn. >> Motion has been made, properly seconded. All those in favor say I. I. The eyes 84 00:23:46.400 --> 00:23:50.280 have it. Thank you so much.