good evening everybody we're calling the meeting to order May 20 603 the clerk will all the r Carter mayor Garcia here miss lefave here Mr Romero here tensley Williams present Dr Rivera cologne here Dr Gloria cavaro Mr wellan here Mr Kore here and Miss Wilson here all right all rise pledge allegiance jice for all all right just so that folks know pursuant to mgl chapter 38 section 20 I hereby am informing all attendees that a video and audio recording is being made of the meeting and the meeting is being live streamed and run live in the city's communities TV channel also uh on March 29 23 Governor Healey signed into law an act relative to extending certain state of emergency accommodations which among other things extends the expiration of the provisions pertaining to the open meeting law to March 31 2025 specifically this extension allows public bodies to continue holding meetings remotely without a quorum of the public body physically present at a meeting location and to provide adequate alternative access access to remote meetings the ACT does not make any new changes to the open meeting law other than extending the expiration date of the temporary Provisions regarding remote meetings from March 31 2023 to March 31 2025 do we have any members of the public signed up to speak either online or in person okay so no member signed up to speak we'll uh Dive Right into new business I do want to thank everyone for um uh making yourselves available to participate in tonight's special meeting um if I can just get a motion to go out of order to review legal opinion in regards to mayor's role as chair of the school committee in process for filing school committee vacancies make motion motion's been made by Ellie seconded by Mr wellan I think we need to do a roll call because we have one member online uh mayor Garcia yes Miss lefave yes Mr Romero yes Miss Tenley Williams Dr Rivera cologne yes Mr Mr wellan yes Mr Kore yes and Miss Wilson yes I I think we also need to uh suspend the rules to allow Jane from our city solicitors office who's here with us tonight virtually to um speak under this order with us by roll call somebody's got to make a motion in a second I'll make a motion second second by Gustavo BR mayor Garcia yes Miss lefave yes Mr Romero yes Miss Tinsley Williams see Dr Rivera cologne see Mr wellan yes Mr Kore yes and Miss Wilson yes thank you everybody so just to set the table here so we can Dive Right In um you know there's maybe we should have done agenda order number one but you know uh receiving official resignation um Aaron brunell's resigned from the school board um you know so there's a couple things we want to achieve under this this this order right now one just kind of clarify the process to fill vacancies I know some of us have been through this before but it's good to have a little bit of a refresher make sure we're all on the same page our council president is doing the same thing with the council so that we're we're clear in what the next steps are but in that process of reviewing you know Ellie did bring to my attention and you know we reviewed together and so I consulted with Jane and more questions came up and we found answers but and then more questions came up and I think we have still some more questions so I thought it'd be appropriate to be able to just get and this is all that what we've talked about at the last meeting at our last school board meeting just to make sure that we're in line with we're we're not just making up practices to to make it up that we're in line with what our Charter what our ordinances what our school committee policies are so um in the charter um as it read currently and I guess it was never updated but the city clerk did find you saw in your packets did find uh in Susan eagan's notes when Susan Eagan was a city clerk uh change an amendment to the Charter um it had language in there originally that says that um the mayor doesn't vote um or you know doesn't is doesn't it's not even the may I not even the chair for that matter go ahead so when I was looking up the charter um you know because of the resignation I was um I I looked it up and during the section that talks about replacing someone it spoke to um the the rights of the mayor the role of the mayor and according to what was online that are that everyone can find it read that the mayor um had no voting rights and um that we as a body elected a uh a chairperson um from those who were voted in by um you know the city of Holo and then after sharing that you know mayor uh found more information because there was discussion about this is not right this is not the most recent so the the uh city clerk did find the amendment there that gives the mayor voting rights on the school board but and then also says that he can he can Pride at the meeting at any time any moment and the interesting part of that about that was okay great that was clear I I can be at the meetings I can vote I can Pride I can take control I can chair but in the in the charter it does say that the school board in the first Monday or Tuesday Monday of January first Tuesday of January the school committee elects its chairman and so now there's questions as to whether or not um you know the mayor is really the chair and our policy it does say State clearly we elect the vice chair and so we're continuing to look into that I did invite Jane who's been you know very helpful in trying to help doing all the research we can she hasn't found anything of the such but Jane if you want to um take the floor and and and go into a little bit on uh your opinion yeah I'm happy to and I'm sorry my apologies I have no idea why my video is not working um but alas technology um but I appreciate uh the board um having me here um the committee having me here and I appreciate um the introduction mayor thank you uh so yes so we started looking into this last week um and I share the frustration with um what we were able to initially find online um so we're working with um just so everybody knows we are working on having that all updated so we it is more reibly available um to honestly everybody um who's looking at it um so what we have found to date is that um yes we have our Charter um that has been changed change was changed um back in the early 80s I believe the 1980s uh to reflect that the mayor um can vote um on any um matter before um the school committee and as uh the mayor did state may preside um there's nothing that I have found um to date that says that he cannot be the chair of the school committee um so I think that it is um fully with within the committee's right and authority to elect him or her as they may be um as chair I do think that um there may have been some confusion and I and I completely understand this confusion um there is a statute out there um it's Mass general laws chapter 43 which really kind of goes over different Charters and plans and um different roles that you know City counil can have in um a charter and um if there's a town if there's an administrator versus a manager versus a mayor and um that is a little that statute is a little confusing um there's a a bunch of sections in the beginning of the of the statute that um are very generalized and and then there are specific um references to specific plans Charter plans um that go um later in the numbering um and it's it's a it's it is confusing because on first blush you can read it and it says something very specific um but case law um has come out from that's you know decades old that essentially says that that stat statute unless you choose one of the plans that are stated in the the later sections of that statute and this is Mass general laws chapter 43 if I didn't say that um if unless you adopt one of those plans that are laid out in Mass general laws 43 the entire statute does not apply to you and so one of those Provisions in that chapter is um section 31 which essentially says the mayor shall be the chairman and um shall is you know a essentially a word that says must right not may but must so I think maybe some confusion may have come and again I I guess I'm speculating here but that may be a source of Confusion And I I think it's a complete completely reasonable source of confusion um Because unless you dive into the case law on Mass general laws 43 you're not going to see that that only app uh only applies to to places that have one of those chapter plans in place or or Charter plans in place um hoolio is a special act Charter uh so we um we're not one of those plans we haven't adopted one of those plans we are specifically something that um our Charter is under something that we appli to the legislature for um so all that to say um our that statute doesn't apply and I could see where that could be the confusion um the charter as it is now um supplemented right by certain um Master neur laws that do apply um simply states that the mayor um May preside um he doesn't have to but he may preside um he may vote um he's not required to vote but he may vote um and any person um that is elected to be a chairperson is done by a majority vote of all the members not just the members present at the meeting but all members of the school committee so when you are looking to elect a chairman or woman um then a majority vote of every single member of the school committee is what is needed regardless of whether they are in attendance or not so um the also if there seems to be a vacancy or a vacancy arises in the middle of an um in the middle of a term of someone that's been elected to the position in this to a position in the school committee then under our Charter and again I don't I have not found anything that has um changed this or affected this or um made any sort of reference to this section in our Charter that if there is a vacancy in the midterm then there must must the mayor must and this is not a May it's a must so required to call a joint meeting between the city council and the school committee and a majority vote of again all the members of the city council and the school committee so just not the members present um is required to fill such vacancy and that vacancy um that position who has ever um voted to fill that position would then serve until the next um election that or for the remainder of the term of the person that um ended up vacating their seat Mr so that is a lot um I know you may have questions um and I'm happy to answer them Mr calore uh can I just give you a little breakdown on how this all occurred absolutely when I and other members on the school committee uh the mayor was not a member of the school committee that wasn't his or hers title they were not on the school committee under a mayor he was very upset over us the school committee giving raises and everything else without his permission we didn't have to give him his per commission it was the school committee's decision to do whatever the budget says okay he as mayor petitioned the state legislature to uh make it mandatory that the mayor of the cities and towns shall be chairman of the school committee and he got all the Mayors in the Commonwealth to agree with this and they went to the state legislature and got this law passed so now once that law was passed he he or she is now a member of the school committee by law but the Merit the time agreed because of all the work that a mayor has to do within the city of hoyre cities or town we as a city decided let's have a vice chairman of the school committee perform all duties of the uh chairman of the school committee and that's what it was uh there was mistake there I believe speaking to Mike calore microphone yeah it was on the first Monday of the election we came here as a body to elect a vice chairman not a chairman because we are the chairman was the mayor of the city and he or she didn't have the uh responsibility not the responsibility but the workload to do this so he allowed it to be the vice chairman of the school committee shall do all the duties of this committee and at that time we on the first Monday we elected a vice chairman not a chairman because the mayor was automatically under law the chairman of the school committee under the law passed by the legislature so uh we decided that the duties and responsibilities of the vice chair shall do all the work pertaining to the running of the school committee and that and that's the way it's been since that time that on first Monday we elect a vice chairman of this of the school committee and we'll continue until policy has changed that that's in the policy we changed that and that's the way it is that uh a member here will be the vice chairman of the school committee until such time as uh an elected person takes his place thank you Mr calore Ensley Williams it started in 1896 but excuse me it went into effect October 15th 1982 that the mayor would be the chair that's what I read did we change that has it been changed since before I respond I was going I just want to give everybody a chance so October I had a October 15th 1982 it went into effect that's what it said but maybe we could ask Jane has it changed since since that date all right let me get back to that so my question was for Jane um I it might be me it might be you know but it seems like I I would I would like the the what is the legal opinion as to the mayor being the chairperson because it seems like on two you gave there's two different points in the opinion the opinion says that under bullet number two number two it says the chairperson of the school committee is determined by the majority vote of all members of the school committee but then you go under the conflict with the uh Mass General law 43 section 31 so can you share with me what is the legal decision so that's that's the and you mentioned do I did text Anthony earlier today saying hey can we go back and review the minutes between October 1982 and December 1983 so it sounds like to me that there was a just like there was Amendment and thank you Mr calore for the just kind of putting the pieces to the puzzle together sounds like to me that yes you're right there was a petition because our Charter got amended to have the mayor and we found that that's in the opinion but we haven't found because we just want to confirm what you just told us about the chairmanship of the mayor I just want to confirm that we need to see it and we're we're trying to find it so I'm hoping that we can review the minutes of October around that time frame to see if we can find a language so that Jane and the city clerk can update the what's online accordingly so that this confusion never happens again assuming that it's there and you're right and it exists but to your point if it doesn't then technically we're voting in a chair not a vice chair am I Jane am I offline hello so um yeah just to speak to that so um the change that happened in October of 1982 uh it is included in the opinion and um that is that the mayor shall be a member of the school committee it doesn't say chair just that he shall be a member of the school committee and has the right to vote on all issues so the um the mayor can vote and he can be or and he's a member of the school committee but it doesn't require him to be a chair and then that second section um where I talk about how the language is in Conflict um with general laws 43 section one that is um I put that in there because that's how I think there could have been a source of some confusion in people reading into that um and that does not apply to us if you see on my third page of the opinion that actually does not apply because we have it because we're a special act Charter and not one of the charters enumerated um as a plan in that statute so as of right now until we find anything different um which we are definitely working diligently on um the mayor had me take a look at the um 199 three Reform Act um which was in um also an act that we took a look at and I didn't see anything um that would include the mayor as or requiring the mayor to be a chair in there actually no real language as to um appointment or an election of a chair at all um and um it didn't really take any of the authority away from the mayor not really it just it did not take any Authority away from the mayor with respect to any you know approval of any orders or resolutions that we have on our Charter either so at this point as of today May 20th 2024 um all that we have found um is our Charter um which was amended in 1982 to include that the mayor shall be um a voting member a member of the school committee and um may vote but nothing requiring him to be chair except for the fact that when he is present he can chair he can preside over the meeting um so I think as of today we are at a point where the opinion of the law department is that the mayor is not required to be chair but you may vote him so if you would like to any other questions for Jan Mr Welland and Mildred thank you thank you yeah so I mean there's just um we're going back to our our uh rules school committee that that mentions a vice chair right and I'm assuming the charter doesn't mention a vice chair so what what Trump's what you know where did that Vice chair come in you know do we need to amend the charter to have a vice chair that's that's my question um I had the charter at my house I didn't um bring it here I'm not sure whether the the charter either it's an original form or amended mentions a a uh school chair it probably just leaves it vague in terms of the um the makeup of the board which is changed which has changed anyways but um yeah so that's that's really my my um my question whether our rules are in play or do we have to go by the charter that was a question for Jane change is good would you like me to answer that or wait to the yeah I did hear it would you like me to answer that one or wait to the next comment ild so for one um real concerning because changes that were made were not even updated into the charter so that it's more up to date but um remember conversation that we kind of had um there were more changes that were made in 95 after the strike and that's where it talks more about the role of the vice chair in the chair so was did anybody find those changes so that's some of the concerns is when votes were made it wasn't really transferred over so Jane I'm here so um are you saying that you they were changes made within the city of hoolio or city changes made at a state level in 1995 it well there were votes and changes that were made in 1995 and I get to my assumption and Mr colore would know more I'm assuming ass uming is that um that's when the role of the vice chair and removing powers from the chair and was then put in place and that was after the strike do you remember that Mr Kore Mr calore I don't remember I'm sorry I don't remember uh 95 that date you gave me 95 but in 82 when the mayor petition the state legislature to make it all Mayors shall be a members of the school committee it doesn't say chair it says members of the school a member of the school committee so [Music] immediately the school committees throughout the Commonwealth said because of the duties and responsibilities of a mayor running the water department I mean Board of Public Works and other departments they felt as though we as a body could name a vice chair to run all our meetings and duties and responsibilities of the vice chair is spelled out so it was in 1982 that this happened and as far as I know it's still in a it's still in effect on January first of every year not every year but election year uh we met and we elected a vice chair not not a chair and included in that the mayor had a vote he or she could vote on any matters pertaining to the the duties of the school committee and that's what's been going on since 1982 that we uh allow the vice chair to run all our meetings and duties and responsibilities and that and that's what is boggling a lot of people here and the first Monday we elect a vice chair to do the duties and responsibilities that the mayor had Miss Wilson I think Mr uh Romero was first did you Jerry speak he didn't all right sorry and then I also want to um make sure sure that um Dr um jet Rivera cologne I don't see her being seen so if she's raising her hand we can't tell if she wants to enter the conversation so I I some C that for us and so if someone can look into that um so um I'm wondering if we are interpreting the may as a as a will so it read that you may be chaired the mayor may be chair I'm wondering in generally did that was that accepted in lie of having the data in our present form from 95 I'm wondering if it was interpreted as the mayor you know will be chair but then something happened so then we have the vice chair because the vice chair you know can run it that sounded much more logical in my mind before I said it aloud I'm sorry but I wonder that's why we're here I know I I just I mean I when I look at our rules speak to electing a vice chair policy does yeah the policy speaks and so they're we're missing a piece we are missing an important piece that lend itself to when because the charter doesn't speak to the vice chair position it speaks that you may R the mayor may run things so where's that piece and without that piece what is our path forward tonight is my question Jane thank you mayor um and I appreciate um the statement that it sounds clearer in your head because sometimes that just is how people are and that's how that happens to me too so I appreciated you saying that um so I think um there's nothing statutorily that says um any like sort of requirement about a vice chair except for when you're getting into Regional School Districts which we are not a part of um so they're considering the absence of that and there's nothing in our Charter that speaks to a vice chair um and the statute um under Mass general laws chapter 71 allows um the school committee really to set you know it's procedures um and rules I don't think there's anything prohibitive um and I don't see anything prohibitive of having a vice chair um so I think that the school committee is on Solid ground with that that they can you elect the a vice chair um and it would be probably beneficial um in the case of an absence of the chair to have a vice chair who could preside um so I think that again I haven't seen anything from um you know anything in 1995 but that was probably shortly after to also some of the changes from school reform um that were done in 1993 and you started really seeing those implemented probably in 1995 after you know a little bit of a waiting period so I would say that at this point based upon everything we know the um the mayor again there's no reason why you can't elect the mayor as the chair it just he is not automatically the chair um under our Charter as amended um there's nothing that would apply to the city of hoio under Mass general laws that specifically requires him to be chair but again that doesn't mean he cannot um and again there's nothing that says that you may not or you are required to elect a vice chair but I think it's probably prudent um to have that position so I think again the school committee is on Solid Ground there um and I would continue um to say that we are going to continue to look into this because I love certainty too um and right now we don't have anything that um or I have not seen anything in the general laws or acts that specifically says um one way or the other with Vice chair so we'll continue to look into that and absolutely update as as we see um I share the frustration Again by um the school committee member um about making sure our um online resources are up to date that has been a um pet project of mine at the city as well um so that is something we are working diligently on um to make sure we have the most current and upto-date information out there for the public to to have um so I think all of that um I think that answers all of the questions um but I'm not sure if I have missed something from somebody Miss Wilson has a followup and then we'll do Mr calore so you I Jane you didn't really answer my question you said we have the right to you know um vote in a vice chair I am asking your legal opinion is right now based upon all the data we have we as a school committee are we voting in a chairman a chairperson for our committee we know we have the right to vote in a vice chair but my question is based on the data or the lack thereof at this moment who is our chairperson and are we voting tonight for a chairperson if you have not elected a chairperson as of this year then I would say you need to elect a chairperson that is my legal opinion thank you that's what I was looking for thank you all right you're welcome hang on so we got some comments from Tinsley Williams yes um oh wait I'm sorry Mr calore I go ahead I I don't know ify Williams heard everything I said but uh in the beginning here when the mayor was elected a member of the school committee by the state legislature by the state legislature they passed that the Mayors shall be a member of the school committee that's right he or she has and he or she has the right to say because of the duties and responsibilities of the mayor I believe you people as a body should let elect a vice chair to to run the meetings and it's been that way all along that the mayor says I want a vice chair to run all the meetings and that's why we vote on January 1st that it shall be the vice chair to run all duties and responsibilities of the school committee so just just before Ros leave I could just respond to Mr calore really quick that like we absolutely get that and understand that what we're trying to do is find the language with that amendment in there and right now we haven't found it um and so you know that leaves us kind of in a limbo here now I do think that in the last 30 plus years you know something has to be out there because there's no way that our school board could have met and practiced this without somebody calling it out um so you know I I do want us to continue to uh dig and explore actually I think we're going to look at some old meeting minutes just to you know refresh our memories here from that time um I know the question was asked what we do you know there's before I share it um I mean I have three thoughts in my mind but I just want to make sure I get to everybody in the conversation before I share what my one Joshua Garcia you know opinions are and depending on what the body wants to do um I'll support um but that's that's what we're trying to get to the bottom is what the language currently as we know it says we elect the chair so how does the mayor come in and say you can elect the vice chair when when it says there clearly you can elect the chair if there is information out there that says otherwise that's we're trying to find that so we can be clear find out what what did the state legislature approve right pertaining to this does it say the mayor shall be uh chairman of the school committee or whether he is a member of the school committee so in your packet that that was the opinion of the information that Jane that everybody digged and found you'll see the amendment to the Charter that says that the mayor can participate and vote and also Prides when he's present or whatever but it it doesn't say anywhere at least from what we've saw that he's also the chair the chairman uh but it doesn't mean that maybe immediately after someone said and they they submitted a another you know what I mean so we still want to look which which that mayor did right which that mayor did when sorry he when he became a member of the board he suggested to this body because of my duties and responsibilities I believe believe you should name a vice chair to run the school committee and it was it was his wishes to have this done it wasn't the school committee's wishes it was the mayor's wishes that this be done to run the meetings properly it wasn't the state legislature or anywhere else it it was this body that made the decision that the Vice chair shall run all the meetings because of the duties and responsibilities of the mayor Miss tensley Williams and then Mr oh sorry Jane hold on let me uh get some points out of Tinsley Williams first of all the mayor no worries sorry the mayor cannot be everywhere the same time so we do need a vice chair um in case the mayor can't be here we really need to be able to go on with the meetings so and the mayor should still keep his power that he has we're not saying taking any power from you but we do need a vice chair because you can't be everywhere at once that will give you a break too so that's just my my little just to be clear with everyone this isn't necessarily about this is this is making sure that we're practicing what the the writing in the law says so if we're going to elect a vice chair tonight are we really electing a vice chair or now that we know this should we be really electing a chairman and that's what we're trying to clarify table it then because uh Mr Wan then Ellie Wilson you want to let Jane okay okay with that Jane thank you mayor um so yes so I just wanted to respond to the one uh question about what the language specifically says from that 1982 Amendment okay and the language specifically says the mayor shall be a member of the school committee with the right to participate in all discussions and the right to vote on all issues when present the mayor may also preside at any session of the school committee so I think probably again and I'm I'm I'm presuming or assuming or presuming here that when that was done in 1982 and the mayor you as he shall now be a member of the school committee and he attends he may preside so he was probably saying that mayor uh again I wasn't present so I'm just thinking possibilities here he said elect a vice chair because even when I'm present and I could preside and you may be looking to me I may be having too many other responsibilities that a vice chair is probably a good idea and I I think that holds truth and weight um I do think that a vice chair is absolutely um a prudent idea and um again nothing against the mayor here as as um he knows and as we've stated or he is said it's it's just making sure we have um the language correct and making sure that the school committee knows exactly its rights um and responsibilities and roles um so I think under your own rules you know you have that ability to elect a vice chair and I think you should and I think you should keep a vice chair um but I also think that you should um take this time to also elect a chairperson just considering the language that we have now or you could table it as the other um member did state so I just wanted to um put those options out there all right here's where we are I got Mr wellan then Mr calore and then uh I got someone online there Dr colog Dr cologne all right so that's the order Mr wellan thank you I'll say something new I know we don't want to keep rehashing the same yep statements over and over we're here I want to make sure every member understands new say something new okay new okay so Ernie PR is the mayor in 1982 okay so just all the just just put it in perspective okay so he was the mayor okay in 1982 you know in terms of past practice versus what's written in in the law so we're what's written in the law that's what we're trying to ascertain here versus past practice just to give an example the the hoo city council for decades that decades and decades and decades elected a president each year even though the charter says you elect a president every two years okay so for decades and decades and decades the city council was was doing was electing a a chair a president in uh not according to the Charter okay so it doesn't so the fact that we may not be doing something you know according to the Charter isn't out of the real of Reason thank you Mr calore just to clarify something here uh I don't know who was talking but the mayor is a member of the school committee and whether he's present or not if he's sitting in that chair he is a member and he can he can vote that's right that's clear yes he can he can vote he don't uh absentee isn't a criteria here the the mayor can vote on the election of a vice chair Miss Wilson it was actually jet first was she first okay yes doctor D let R col floor is yours thank you um given that we're not gonna be able to solve this today correct and we're because we don't have all the information at hand could we in order to make sure that we're still in compliance with the information that we do know could we have a vote for chairman and vice chair um tonight to keep it the way that we've had it so far and then as soon as we get all the other information we can um revise what we're doing I guess I do appreciate the conversation and we need to make sure that we're operating according to the Charter I just don't think that we have the necessary information to make the best informed decision but we also have a lot of work to do so we definitely need someone to be leading that work thank you Miss Wilson that's where I was heading as well um in the same venue that tonight we should be electing a chairperson as well as a vice chairperson and uh my recommendation is that we continue with the mayor um for this um calendar year uh being our chairperson um that would be my recommendation and then move to follow with electing a vice chair and we would be and then that would allow legal to continue to look into things and bring things to us um in until Janu you know when we in January would be electing a new individual Poss potentially to either position I would like wait wait wait before you make that motion let's you know I we got we'll get there um I think we have a I want to you know I think it you know seeing what went down in Springfield I want to make sure all my members here are comfortable and happy got their concerns spoke their voices you know as as much as possible because this is critical we're going to be voting making some important votes we're transitioning to local control State's watching us I want us to make sure that we got we're on our game here I really truly from the bottom of heart appreciate everybody's patience in this and we don't have a billion other things after this this is this is special meeting specifically for this we'll be done Ros elit go ahead floor is yours so don't make a motion in other words I wanted to make a motion that we choose um it's on Vice chair tonight and I make a motion that U Miss it's it's on our agenda to election Vice chair not yet so can't do you you have something mild Le FL thank you also if we can get um who can go back on the archives for the school committee meeting minutes yep starting in 1982 going into past education reform to see any votes of the school committee that led to different sections of the policy which may have not been updated or um moved over you know if it was something that required legislation and it just wasn't updated into the charter but I think on the school end we need to do the investigation and then if uh Jane can look on it on the city Side that's just my opinion you have something else Miss Wilson go ahead go ahead Okay no Okay I had so remember I made reference to did anybody else had anything else to I had three things that I was thinking and when you made the comment about electing a vice chair and a chair you mean like a Vice chairchair no I meant tonight I would like us to vote for a chairperson because Jane is saying that right now according to what is written that we know of we do not have a chairperson and then also elect a vice chair and I said my recommendation if I'm allowed to say this would be that we maintain what our operating process has been and we elect the mayor as the chairperson um to maintain our process right now um and then we elect a vice chair so the oh okay we got another one so before I go ahead Mr calore yeah I mean uh Mr wellan you have something else Mr calore okay Mr wellan first I'll be quick yeah I mean just a follow up by Mrs um Wilson I mean the only thing in front of me right now that I have in writing is on who could share this committee is is the mayor you know he shall or he he may right so I'm going off that in terms of only thing as of right now I look at my watch that I have in writing on who can preside over this body is that that Amendment to the Charter in 1982 so I would stick with that okay and then point two is our our own policy says we can adopt he can elect a vice chair okay so one the charter gives us the authority gives the mayor the authority to to preside number one and number two is our policies rules say that we can elect a vice chair so just a um just to um agree with Mr Wilson you know I think we should just stick with that as of now and then and if the Law Department can find anything that contradicts that we can always revisit that so that's not a motion that's just my opinion Mr calore clarification everything uh the mayor according to the law that was passed in 82 by the legislature that the mayor shall be a member of the school committee period it doesn't give he can be Vice chair he could be secretary he could be anything he wanted to it doesn't say that in the it only says he or she may shall or shall be a member of the school committee doesn't say whether he's going to be chairman or not chairman it doesn't say that at all it just says he is a member of the school committee and fine no we understand that Mr calore thank you for um re clarifying the point um so I think that here's the I think that here's the consensus that I might be hearing I don't think we'll be at least from now to January 2nd we won't be out of line if we elect our vice chair because it's in our policy and at least that'll give us between now and our normal voting day in January because it does say that the school board meets on that day to elect the chair to look into the minutes find some information somewhere that says otherwise um and if there is great then we continue business as usual nothing changes my only concern about right now if we do vote a chair right now and we later find out that we you know Miss calore is absolutely right we find some data and we kind of you know then then we have to kind of go back and untangle that somehow so elect the vice chair yes assuming this body wants when we get to it um by and we just continue what we've normally been doing because we won't be in conflict with anything um that's that's what I'm hearing um did you want have some comments leab your you lost it Dr y Rivera colog no questions did you want to say something else Mr Wilson you want to make the motion to go to agenda item election of Vice chair sorry so uh Jane yes so I was just going to put forth a recommendation on the chair issue um the vote of the chair you can um whoever wants to make the motion um can make some pretty specific language that um the vote to elect a chair um can be interim until any such further additional information is discovered um and then if such information is discovered then they'll there will be a a second um Vote or operation of law than someone else is the chair but we can do you can do an intrum um language which would have the same effect as a permanent for the I see Miss Wilson I see Tenley Williams just to read the policy here that we have of the school board it does say in the absence of the vice chairperson at any meeting thereafter the committee shall elect in a manner outlined a vice chairperson protm yep y proem yep that's a new word I learned today yeah so that's that's to your point Jane inum was it those Wilson Miss Wilson so we cannot elect chair it's not on our agenda this evening so that's something that we'd have to uh wait till our next meeting to have it added to the agenda um just to clarify assuming we want to do that and assuming that we want to um you know do an interim that's something we cannot do this evening based on the fact it's not on our agenda for chair I do have Vice chaira correct so I would like to make the motion that we elect a vice chair second all right so we have a motion you to elect a vice chair from Ellie Wilson seconded by Rosie Tenley Williams um let's do oh a roll call and actually not even a roll call the chair the clerk is going to say your name and you spit out the name of the person you have to accept oh do the vote okay we're going to vote to accept the motion roll call Mayor Garcia yes Miss lefave yes yes Mr Romero yes Miss tensley Williams see Dr Rivera cologne yes Mr wellan yes Mr Kore yes Miss Wilson yes all right so you got to refresh my memory do we do we uh nominate candidates do I just throw a name out when your name is called or so now we're closing out with that agenda item and we're going to move to agenda item number so first we have are we going to officially accept the resignation and then move to the election of Vice chair are we gonna yes let's go back to the order of our agenda so the motion will be to return to the order of the agenda yes I'd like to make a motion to return to the order the order of the agenda motions made by Ellie Wilson seconded by mild lafab uh clerk roll call Mayor Garcia yes M lefave yes Mr Romero yes M tensley Williams see Dr Rivera cologne yes Mr wahan yes Mr Kore yes Miss Wilson yes all right can we get a motion to receive the official resignation of the motion to receive and accept the official resignation of Vice chair school committee at large Miss Aaron Brunell second made Le fa seconded by Tinsley Williams cler roll call Mayor Garcia unless there's there's no discussion assuming there's no discussion mayor Garcia yes Miss lefave yes Mr Romero yes Miss tensley Williams Dr Rivera cologne yes Mr wellan yes Mr Kore yes Miss Wilson yes and so that seat you know has been officially just so folks know has been submitted to the clerk now it's official um with the submission of the resignation to the clerk's office we we did already went over with Jane present what the process is it's clear I will let you know by the next meeting that schedule dates I am working with um uh the council president so that we can coordinate dates that work for as best we can for everybody um we'll post the role too in case folks are interested in the public to want to um throw their name in and potentially be uh voted in um to fill in this vacant role um but with that said do I have a moot we no motion now you go to the election of Vice chair we will do the roll call and you just spill out a name a name are there any candidates yes you don't do it that way okay all right all right so we're going into a el leure of the vice chair Clerk's going to roll when they call your name you name the candidate you want as the vice chair mayor Garcia mild lave Miss lefave mild lave Mr Romero M Miss tensley Williams mild LEF Dr Rivera cologne mild LEF Mr wahan this is Le Mr Kore lefave Miss Wilson Mard lefave so by unanimous we have a unanimous vote to elect mild leabe as protim protm Pro between now and capit our first meeting in January capital letters critical because I know we could have put this on your agenda for our next regular meeting but we have a regular scheduled meeting with the commissioner and and we do not want to miss a step and so Mildred if she isn't going to do it now she'll be following up with everybody on um an appoint m Are You Gonna you're going to serve on that committee I'm assuming so in regards to where it says the next changes to subcommittee appointments technically everybody's still on their same committees okay the only thing is is the local subcontrol um local why why am I saying local control sub local control subcommittee um with the absence from Miss Brunell I will take in in her seat but I will also be appointing mayor Garcia to also serve on it so it'll be myself mayor Garcia Dr yadet Rivera cologne um Dr cavayero Hoka and Mr Romero can we go five members on a committee on a subcommittee um so on that one you're coming in as mayor okay um to be a part um I know that the subcommittee says four members so that's why when we're talking about it's so specific in our policies and that's why again it's going back to really looking at our section B policies to really make them specific to hoolio and what we can we're we're doing right and that's the importance of that Retreat because it's about looking at TH just those specific things because that's part of your operational duties right um The Joint Committee should have that's another thing it should have always been three that's that that's the history of it and it's kind of finding out when was that voted on so that's why I asked also for the meeting minutes from the school committee when you created The Joint City Council school committee where the city would would um assign three members and then the school committee would assign three members um to work together but right now we have four and the city has three so there's a bit of confusion there so the local control subcommittee is kind of like an advisory Council that was created um to create this transition plan and we can go look at our policies on advisory commit IES um uh advisory committees to the school committee they may be created by the school committee to serve as task forces for special purposes or to providing continuing consultation of particular area of activity so technically this that committee was technically created for the sole purpose of transitioning out of receivership it's not a permanent okay got it um so it's kind of like a task force advisory but you're doing the job of creating the plan so that the committee can start transitioning Out Mr wellan and then y rone Mr wellan yeah thank you I mean any you know subcommittee or there's a term in the language you know those those committees still have to follow the open meeting law that's right okay thank you yeah Dr y the only concern that I have is is that if we are five and we have to invite someone to speak at a particular topic like we've done before with Finance or um policy then we would have Quorum of the school committee that's the that's the only thing that worries me about having five members I don't I don't have to be on it I mean I I want to be on it but what I can say is that if and when we do do that I'd be more than willing to step aside and sit in the in the audience um and observe the meeting and you do not count me into the um but I think it's really important that you have your mayor there you have the ones that were initially appointed to um technically the vice chair wasn't ask it was a recommendation by the state that the vice chair is there um it's not something where it was it had to be that's not what we had decided when we created this task force it was who wanted to be a part of it um and we wanted to make sure that we had a diverse crew on it um yes they are all new members in receivership but it was giving them the opportunity and and Dr Rivera cologne has outshone herself and she's doing an amazing job Miss Wilson so um you know I appreciate you sharing that information but if you're sitting at the table being part of the committee just stepping outside I don't think so I think you're like an you know I agree with you know Dr Yad Rivera cologne that um we should not have five members of our school committee be at the table that the vice chair can sit in the audience along with any other school committee members and that if there's something that needs to be addressed we can then make a motion to allow the person to come speak so with so I would not be recommending the vice chair continue on that subcommittee if we are adding another member who is also a school committee and mayor that I would say that the mayor would then join and that just like any other member we can sit in the audience that's fine what do you think Madam I agree okay so you won't beyond the subcommittee nope I'll be more than happy to sit right there and watch you all continue on the work and I'll support you and root you on now to be clear does that policy say that if we're switching committees in the middle of the year like this we all got to vote or you just assign it so the new appointments we would vote on this um who's go even though it's a task that's an advisory Council it's not really a subcommittee we accept the nominations of the subcommittee um for our specific committees but this is a just a task force so it's just a A specific group that is working on some something that's just like we have advisory councils for for special education we wouldn't okay so what do we have as a motion then is there a motion there is n I'm officially on this subcommittee you're officially on it congratulations Madam Wilson all right I am going to pass my gavel over to the vice chair because it says it says may Pride over the meetings but don't have to good and Jane thank you so much um for all your guidance your help your your your I know I I put a a tall order on you when you were busy doing other things obviously this is important but you know I appreciate your um due diligence and your your willingness to step up and help out when we need it I would like to make a motion motion to adjourn is there a second we have a second all those oh roll call roll call sorry mayor Garcia see Mr fave yes Mr Romero yes tley Williams Dr Rivera cologne see Mr wahan yes Mr Kore yes Miss Wilson yes all right motion passes meeting is adjourned at 7:14 p.m. thank you everyone and see you on the 28th for our regular meeting