By Adam Swift
The attendance of Councilor-at-Large Rob DeMarco by Zoom at a May 20 council meeting was raised as an issue by fellow Councilor-at-Large Max Tassinari at last week’s council meeting.
Precinct 5 Councilor Joseph Aiello used his council privilege to move further discussion of the issue to the next council meeting, citing a desire to get more information on how state law might affect the town policies and procedures on remote meeting participation.
If it is determined that DeMarco should have been marked as absent from the May 20 meeting, it could set in motion a vote by the council on whether DeMarco has abandoned his council seat by missing more than three meetings in the past six months.
“We approved the minutes for May 20 that had Councilor DeMarco marked absent, that would have been his third absence in six months, triggering the abandonment clause,” said Tassinari. “I maintain that he was absent, although he may have, according to the video … shown up on Zoom, although he didn’t sign in until … 7 p.m., was not properly announced at the beginning of the meeting, which is the requirement to hold a hybrid open meeting law. It is also the requirement to hold all votes that are hybrid by roll call, of which Councilor DeMarco shows up in no votes that evening.”
Tassinari said it is also a requirement for any voting member to be clearly audible to both the members of the public and the council. He said DeMarco was not clear to him personally.
“Going back to Dec. 17 when we gave both Councilor DeMarco and Councilor (John) DaRos a pass on the abandonment clause, we all agreed at that time that we would all take attendance more seriously, that we would take decorum more seriously, and that we would enforce the abandonment clause,” said Tassinari. “As we have approved minutes for the 20th that Councilor DeMarco also voted on himself being absent, the council president voted on him being absent, unanimously passed … it should be recorded as an absence.”
Council President Jim Letterie said it has been shown that DeMarco was on the meeting via Zoom and was unable to be made a panelist and did not sign on, possibly by mistake, until 7:02, and was logged on for 38 minutes.
“I asked the town clerk immediately following the meeting if Councilor DeMarco was on, and she informed me he was,” said Letterie. “Councilor Tassinari brings up the Zoom meeting laws, which I think were passed in November, and I will be the first to admit, I have not followed them in terms of making sure we are taking voice votes … and making sure the councilors are being heard. We will make sure we are following that when we are meeting in the Harvey Room (at Town Hall) in the future.”
Letterie said the council did discuss attendance in December and that each councilor should take attendance as seriously as possible.
“I know that (DeMarco) was on that call,” said Letterie. “Was he on for the full time? No.”
Looking at the town charter and council rules, Letterie said there is no designation of what constitutes attendance. He added that he personally believes that each councilor should be there for the roll call and the full meeting.
“I’d be willing to stipulate right now that attendance is in person only,” said Letterie. “I don’t think I would win that vote. The fact of the matter is he was there, and I am going to make a motion to alter those minutes to show that the Councilor – by the current standards, and we have yet to change them or even talking about what attendance means – that by the current standards he was at that meeting and proven to be so.”
Aiello said he believes the council needs to be more careful when it comes to properly following rules.
“We have some assertions, but there is no presentation of evidence,” he said. “I think it is important for the council to see the documentation in writing. Secondly, when this issue came up, I sent an email to the town clerk, the town counselor, and the entire council suggesting we do a number of things here.”
In addition to reviewing the council rules and laws, Aiello said he recommended a review of the state regulations related to remote meeting participation.
“I think it is important for us to fully document, before voting on this thing, let’s see what the state rules are, let’s see how it corresponds to what is in the town rules and ordinances,” said Aiello. “Modify the town rules and ordinances if necessary, but also present the physical evidence that you are all representing about Councilor DeMarco’s attendance. Not necessarily to vote on Councilor DeMarco, but to determine how we are all going to proceed in the future.”
Aiello said he wished to use his council privilege to get more information on those issues, and Letterie said the item would be on the council agenda at its next meeting.