“Transparency” Debated, Voted On

As a law is passed to disclose side labor contracts and agreements — to select group alders, not public.

The Board of Alders took that vote Monday night during the latest bimonthly full board meeting, which was held online via Zoom and YouTube Live.

A vast majority of the board voted in support of the so-called ​“Disclosure, Accountability and Compliance” ordinance amendment.

The two alders who voted against the measure — Downtown Alder Abby Roth and East Rock Alder Anna Festa — cited concerns that the law mandates disclosure to aldermanic leadership only, and not to the full board and the general public as well. (See more on their concerns below.)

The central provision of the new law requires the mayor and any other ​“Disclosing Official or Agency” to provide a written copy or summary of all contracts, memoranda of understanding, letters of understanding, side letters, and other agreements within 36 hours of completion to the three alders who make up board leadership: the president, the majority leader, and the minority leader (or third officer).

The goal of the ordinance amendment is to force city government’s executive branch to let the local legislature know whenever it has negotiated a ​“side agreement” related to city employment and benefits, including pension enhancements.

“In particular the ordinance seeks disclosure of the memoranda of understanding, letters of understanding, side letters and the like that flow from these processes” related to collective bargaining agreement negotiations, wrote local attorney Steve Mednick in a 13-page letter sent to Board of Alders President Tyisha Walker-Myers on Dec. 2.

“The genesis of the ​‘disclosure component’ of the ordinance is founded on the concern expressed by Alders that side agreements have been entered into by past Administrations without the knowledge of other officials who have administrative, fiduciary, fiscal or legislative responsibilities for the subject matter of the agreement.”

Click here to read the final version of the new law.

In addition to playing a key role in drafting and defending the legislation, Mednick — a former city alder and a former city Corporation Counsel — is representing the Board of Alders in an ongoing lawsuit against Mayor Justin Elicker for striking an agreement with recently-retired fire union president Frank Ricci that requires the city to pay for a $386,659.92 annuity on top of Ricci’s existing pension benefits. Elicker has responded that the city is legally required to make the extra retirement payments because of a memorandum of understanding (MOU) first signed in 2006 between the DeStefano Administration and the fire union, and then amended in 2019 by the Harp Administration to specifically provide for Ricci.

“As a former city employee and union member, I understand the importance of transparency,” said Quinnipiac Meadows Alder and retired former police Capt. Gerald Antunes Monday night. ​“This ordinance will help this city to be more transparent, something that we really need to improve on.”

Dixwell Alder Jeanette Morrison agreed. ​“For years and years and years, people have been doing side deals that put this city in so much fiscal harm,” she said. ​“We as a fiscal body have come to the table and said, ​‘Enough is enough.’”

After the vote, the mayor told the Independent that he thinks ​“the spirit of [the new law] is a good one. It’s definitely something that we can abide by. Frankly, if it had been in place years ago, we might not have had to deal with some of these less-than-ideal MOUs that we are required to implement now. We’ll definitely work with the alders to make sure that we collaborate.”

Leadership Vs. Full Board Vs. Public?

The sole dissent regarding the new disclosure ordinance Monday night came from Alders Roth and Festa.

Both praised the law’s intent. Both criticized it for not going far enough.

“I think we need a more transparent process,” Festa said about side agreements inked by City Hall. ​“But I’d like to see an even more transparent process than the one that is stated in this particular ordinance.”

Roth took aim at what she described as two conspicuous absences from disclosure requirements of the new law.

“First, it doesn’t say anything about sharing information more generally with the public, and I believe that would be a valuable addition,” she said.

“Secondly, I think any such information should be shared with the entire Board of Alders, as the proposal was originally drafted, and not just three individuals in leadership. There’s no guarantee that providing such information to three members of leadership of a future Board of Alders will provide an adequate check on future administrations.”

Indeed, the original version of the law mandated disclosure of such agreements ​“to the Board of Alders,” while the final version of the law requires disclosure ​“to the President, Majority and Minority Leaders (or, the third officer, as may be required by the Charter) of the Board of Alders.” The final version defines this leadership group as a ​“Review Committee” for all such agreements.

Roth said that the change in language appears to have been prompted by confidentiality concerns expressed by the city’s top attorney. But the proposal builds in a redaction requirement to address confidentiality or privacy issues, she said. And the proposal is structured such that all side agreements — regardless of confidentiality — will go to these top three alders anyway.

Board of Alders Majority Leader Richard Furlow and Third Officer Sal DeCola, who respectively represent Beaver Hills/Amity and Morris Cove, stood up (virtually) to defend the limited mandated disclosure baked into the new law.

Furlow said that aldermanic leadership is chosen by board members themselves. ​“There are 30 alders who vote on leadership,” he said. ​“When we take a vote, we are putting our trust and confidence in leadership to make the right decisions.”

Furlow described the final version of the law as providing ​“much-needed checks and balances that our residents should have, as well as that the Board of Alders demands.”

DeCola agreed. ​“True transparency is happening,” he insisted. ​“It will all be public information. We will not be hiding anything from anybody. Anything can be requested” by any alder or member of the public.

“This is true transparency,” he repeated. ​“We are moving in the right direction.”

Legislation Committee Chair and East Rock Alder Charles Decker agreed with the vast majority of his colleagues in an interview after the vote. ​“We as a board elect our leadership,” he said. ​“We understand when we’re choosing our members of leadership that they have certain responsibilities — including being the first point of contact, being the first people to review the agreements that are disclosed.”

When asked for his take on the leadership debate, Elicker said that his office is ​“always happy to share MOUs if the alders request to see them.”