A Superior Court judge has closed the books on a long-running lawsuit accusing the City Council of violating the state’s Open Meeting Law. In 2008, the 13-member council acknowledged it was guilty of violating the law by illegally gathering several times between 2003 and 2005 over urban renewal plans handled by the Boston Redevelopment Authority and an outbreak at a Boston University bio-laboratory.

Local activists, including former mayoral candidate Kevin McCrea, brought the suit, and argued at a Suffolk Superior Court hearing in June that the council continues to violate the law and should be punished with a court injunction or court oversight. (The activists are waiving the $11,000 fine a separate judge sought to impose on the council after the body pleaded guilty three years ago.)

Judge John Cratsley batted down McCrea’s arguments and sided with the council, saying there is a “positive” change in the council’s attention towards the Open Meeting law. An assistant corporation counsel has attended City Council meetings since 2009, and minutes have been taken for working sessions, executive sessions, and hearings.

Cratsley also noted that the make-up of the council is “vastly different” today when compared to the City Council of 2003. The suit was filed when former City Councillor At-Large Michael Flaherty, who is campaigning to return to the body, was council president.

“The Council has shown that it has changed its attitude toward the Open Meeting Law and has taken and continues to take steps to ensure its compliance with the Open Meeting Law,” Cratsley wrote in an opinion dated Sept. 8.

The judge also ordered the City Council to pay the plaintiffs $843.50 to cover the costs of filing the lawsuit.

Stephen Murphy, the current City Council president and a city councillor at-large, testified at the June hearing, as did past City Council presidents Maureen Feeney of District 3 and Michael Ross of District 8.

“The court’s decision was gratifying because the judge validated the Council’s efforts to comply with the letter and the spirit of the open meeting law,” Feeney, who represents Dorchester, said in a statement. “We are proud of our ongoing efforts to be accessible, accountable, and transparent in all of our activities.”

Ross said the judge recognized the council’s efforts to become a “more transparent body.” “I think we’ve done a pretty good job of implementing that,” he said.

Murphy said that if the Council had pursued a stronger legal strategy at the beginning, and taken the lawsuit more seriously, “it never would’ve gone this far. I’m happy to have it over.

McCrea did not immediately return a request for comment left on his voice mail.

Redistricting could affect sitting
councillors in Districts 7 and 8

Two sitting councillors may be forced to move from their current homes or give up their seats due to Boston population shifts that could transform the boundaries of their current districts. That’s one possibility that was raised at a redistricting hearing held last Thursday in downtown Boston.
While the city has gained residents overall with the population rising by five percent to 617,594 residents, some parts of the city lost population by official counts, including parts of Dorchester, Mattapan, Hyde Park, Roslindale, and West Roxbury.

The City Council committee tapped to redraw the boundaries of the City Council districts could be forced to move some of the district boundaries northward. And that means two councillors who live close to the southern edge of their present seats – District 7’s Tito Jackson and District 8’s Ross – could find themselves living outside the districts they currently represent.

Ross notes that there will be many scenarios and many maps available to the committee, which is chaired by District 2 Councillor Bill Linehan. And when redrawing districts, the committee can factor incumbency into the decision-making process.

The redistricting committee is expected to hash out a redrawn district map by the end of the year. Any new map would need the approval of the 13-member Council, the mayor, and the secretary of state. City Hall insiders are skeptical a map adversely impacting incumbents would be approved.

Any changes would affect the 2013 municipal election, giving the councillors time to move into a redrawn district in the event that they are left outside newly drawn lines.

The boundaries must be redrawn every ten years, following the US Census.

Jackson lives in Grove Hall and purchased the Schuyler St. house he grew up in. He won the District 7 seat in a special election and is facing three opponents in this September‘s preliminary. Jackson also ran for one of the City Council’s four at-large seats in 2009.

District 7 largely covers Roxbury and Dorchester, but also includes precincts in the South End and Fenway.

Ross, elected to the council in 1999, moved to Mission Hill four years ago after living on Beacon Hill. District 8 includes Back Bay and Beacon Hill, Fenway and Kenmore, Mission Hill, a precinct in the West End, and a pair of precincts in Allston.

Ross, who lives on Parker Hill Ave., is running unopposed this year.

Linehan compared the redistricting process to a “Rubik’s cube,” a challenge made difficult by inequity in the size of precincts: Some voting precincts are larger than others because the city has not redrawn those in over 80 years, and doesn’t plan on tackling redrawing precincts in time for this round of redistricting. Precincts are considered building blocks for redistricting at the local and statewide level.

Each council district must contain between 72,052 people and 65,190 people, according to a Council analysis based on new US Census figures. District 3’s Dorchester has to pick up 7,700 people, while Mattapan needs to gain 6,400 residents. Hyde Park, West Roxbury, and Roslindale also have to boost their numbers.

Going forward, Linehan’s committee will be holding four hearings on the redistricting issue: Tues., Sept. 20, at the George Wright Golf Course on West Street; Oct. 13 at the Franklin Park Golf Course on Circuit Drive; Oct. 18 at the Reggie Lewis Center on Tremont Strete; and at the New England Carpenter’s Hall on Dorchester Avenue on a date to be determined. All the hearings start at 6 p.m.

One hearing has already been held. It was last Thursday night at Suffolk University Law School and attracted a very sparse crowd: Councillors Linehan and Maureen Feeney,  several City Hall staffers, and two reporters. Which prompted Linehan to quip: “I’ll draw the map on the way home.”

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