Problems with the vote
November 19, 2004
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Joseph Gillis Jr.
You can do something!
From the Taunton Gazette today (11/19/04, Susan Weinstein):
Newly named Committee Chairman Donald DeLutis, who served on the negotiating committee, voted in favor of the contract in executive session.
But DeLutis, a retired teacher, later asked Roland to change his vote to an abstention, following a challenge from Gillis that he could be in violation of conflict of interest laws because he would benefit from the health insurance package.
"I really didn’t participate in negotiate in the last two or three sessions and my vote didn’t affect the outcome," he said.
From the Enterprise today (11/19/04, David Connolly):
Criticism of the deal comes from board member Joe Gillis, the only member of the board to vote against the contract Wednesday. DeLutis, Roland, Lou Pacheco, Ursula Garfield and Linda Dillon backed the contract. Sue O'Brien was not present at the vote, and Mark Oliari abstained because his daughter is now a first-year teacher at the high school.
The vote came in an executive session prior to Wednesday's public meeting, and when it was announced, DeLutis abstained from the vote as he is a school department retiree.
"It was brought to my attention that one section of the contract affects me and I didn't realize that when I was involved," said DeLutis. It was Gillis who brought it to the committee's attention.
"I have a big problem with it," said Gillis, adding that DeLutis served on the board's contract subcommittee. DeLutis responded by saying the vote does not change. "It's either 5 to 1 or 4 to 1," he said.
Since Article 26 of the Agreement covers insurance for employees and retirees, I believed it appropriate to ask Don the question about a potential conflict. [See Mass General Laws Ch268A:19&21]
(1) Mr. DeLutis is an official Delegate of B-R School Committee to the Negotiating Subcommittee
>>Therefore, he was a part of the process determining issues to be resolved.
(2) A roll-call vote in Executive Session was taken with Mr. DeLutis clearly voting in favor of the Agreement
>>He participated in the decision-making process.
(3) Without explanation, Chair Patti Roland announced the vote as 4 in favor, 1 opposed, 1 abstain. That was not the recorded vote in Executive Session.
>>Executive session voting was 5 yes and 1 no. A change of actual vote - can a recorded vote even be changed afterwards? Can a different result be announced?
(4) "...one section of the contract affects me and I didn't realize that..." said DeLutis.
>>Did not realize. A member of the Negotiating Team and a person to vote on the contract did not know a provision of the contract provides his health insurance.
