The January 8, 2024 Acton Select Board meeting opened as usual with “Resident Concerns”, a forum for brief remarks from residents to the Board. A resident spoke regarding the use of a “Point of Order” to interrupt residents’ remarks at previous meetings, reminding the Board of the Supreme Judicial Court (SJC) of Massachusetts ruling in Barron v. Kolenda.
Barron v. Kolenda concerns a resident of Southborough who had used vivid language — “ha[d] been spending like drunken sailors” — in characterizing the actions of the Southborough Select Board. The presiding board member (Kolenda) interrupted the resident (Barron) before the resident’s allotted speaking time had elapsed, and the situation escalated.
A Superior court denial of Barron’s challenge to the Town of Southborough’s public comment policy was heard on appeal by the SJC. Reversing the Superior Court in its decision, the SJC cited Article 19 of the Massachusetts Constitution, noting that “[Article] 19 reflects the lessons and the spirit of the American Revolution. The assembly provision arose out of fierce opposition to governmental authority, and it was designed to protect such opposition, even if it was rude, personal, and disrespectful to public figures…”. The SJC recognized the requirement “that criticism is done in a peaceable and orderly manner…’Peaceable and orderly’ is not the same as ‘respectful and courteous.’”
Select Board member Dean Charter had independently prepared comments concerning the Board’s various reactions to residents’ comments, also citing Barron v. Kolenda, and presented those comments later in the meeting during “Member Minutes”. Charter noted that he did not know that that resident would be talking on the topic. He said, “Certainly it is not pleasant to be subjected to public criticism and what may seem to be unfair comments. I have experienced discomfort from comments made by the public. Frankly, comments made in public sessions by my colleagues here on the board in response to comments by residents have bothered me more. It is imperative that free speech, including a robust exchange of ideas and opinions, within promptly regulated time constraints, be fostered and encouraged at all levels of government, especially at the local level, where residents can and should have open access to local officials.”
Budget and financial matters occupied much of the meeting. Town Manager John Mangiaratti proposed using existing funds that had been held pending a now-abandoned emergency dispatch regionalization plan. The Board unanimously approved using those funds for an emergency radio communication equipment upgrade and for fire department self-contained breathing equipment; both projects had been on the capital expenditure list.
As noted earlier, although the Select Board is likely to approve an override question for the next town election, the amount of the override has not been decided. Select Board member David Martin proposed specific reductions from level services budgets (budgets that would allow provisions of services at the same level as provided in the prior fiscal year) of $1 million from the municipal budget and $2 million from the regional schools budget – amounts that reflect the roughly 2:1 schools:municipal budget ratio. Martin characterized the reductions as causing pain but not harm, and made a motion to direct the Town Manager to reduce the level services budget as described, contingent on upcoming budget meetings with town departments and with the Acton leadership group. Four Board members voted in favor of the motion; Board member Dean Charter abstained, saying that he would like to hear the upcoming discussions before approving the motion as stated.
The Board continued its consideration of financial matters by re-visiting a list of capital expenditure items. Aided by a spreadsheet prepared by Mr. Martin, the Board examined proposed projects and funding possibilities in detail; weighing priorities and options for funding (pay now or borrow). Martin said he would make the spreadsheet available on the town website.
Opening the Town Meeting Warrant
Assistant Town Manager Thomas Begin presented a proposed calendar of events in preparation for the annual Town Meeting that is scheduled for April 30, 2024. Both the Select Board and Acton residents may submit Articles to appear on the Town Meeting Warrant, and Articles may be binding or non-binding. The Select Board voted unanimously to open the Warrant for Article submission by residents as of the time of the vote, and to close the warrant at 5:00 PM on February 22, 2024. The Select Board may add Articles in the Warrant until the Warrant goes to press for public posting, which is scheduled for April 16, 2024.
The Select Board has repeatedly debated issues of governance at the West Acton Citizens Library, last reported on by the Acton Exchange on August 28, 2023. After a brief and harmonious conversation, the Board unanimously approved a charge for the Citizens Library Governance Advisory Committee to draft a Memorandum of Understanding (MOU) that would “…represent a shared agreement on the currently assumed responsibilities and authorities of the [Citizens ’Library Trustees]…”
Tom Beals is a volunteer reporter from Acton.
