“A Threat of Litigation Allegation” Really?

In an attempt by the Mayor to remove me from the disability commission the Mayor put forth to the city council new appointments to the commission.  At the June 7, 2021 city council meeting  I approached the podium during public participation and made an attempt to explain to the council that if in fact they approved these two new appointments the council would violate the City Charter and the MGL relating to the composition of the commission membership.  By doing so, it would eliminate the commission’s majority of members with having a qualified disability which is a requirement. City Council’s recent votes violated the Methuen Charter, MGL, and the public trust to provide fair representation by people with disabilities to represent them on the commission.

I expressed that if in fact, the City Council appointed these two members, individuals not having a disability…. that I would challenge that decision with a complaint to the Massachusetts Attorney General’s Office.  I did not indicate I would file a lawsuit against the city as the solicitor announced (see video 2) nor would I have any legal grounds for doing so.  Below are the video clips of the June 7, 2021 City Council Meeting where I talked about my challenge and the city solicitor’s accusatory statements of possible litigation, and the June 10, 2021 Special Meeting where the city council went into an executive session to discuss strategy for possible litigation.

I believe under the definition of the term “litigation” I made no threat of a lawsuit against this city.  My comments were related to my options to disagree with the solicitor and the city council’s vote appointing individuals not having disabilities to the commission which I believe is clearly against the city charter and the MGL Section.

Furthermore, since I made no actual threat of litigation I believe the city council, on the advice of the city solicitor, violated the Open Meeting Law by entering into an executive session to discuss “litigation strategy” when no threat was ever made.

Merriam Webster Definition of litigation:

: the act, process, or practice of settling a dispute in a court of law : the act or process of litigating an issue that has been in litigation for years an attorney who specializes in the litigation of property disputes

The American Judicial System generally limits the filing of lawsuits to individuals with a personal stake in the litigation, but there are instances when litigants cannot themselves prosecute an action. — Jonathan Mahler

also: a legal action or proceeding (such as a lawsuit)”You can’t realize how much it costs to run one of these litigations. To get a battery of lawyers into a courtroom and do all the planning … and so on costs $500,000.”— Gordon Gould  (emphasis added)

Methuen City Charter. Section 3-31 Municipal Disability Commission
reference to composition of the Disability Commission
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