NEWBURYPORT — Mayor John Moak has changed the location of the meeting between Stephen Karp and the City Council today from the superintendent's office to the lobby of the Nock Middle School to avoid the perception of inappropriateness.
Moak had arranged a private meeting between the council and Karp's development team to be held in the superintendent's office just prior to a public reception at the school.
Two councilors, Ed Cameron and Larry McCavitt, said they would not attend the meeting since it would create a poor public perception of the council's dealings with Karp. McCavitt also said it bordered on illegal under the state's Open Meeting Law.
Yesterday afternoon, the mayor changed the location.
New England Development officials "are concerned about the public image of what we are doing now that (The Daily News has) totally destroyed us in the paper," Moak said, referring to two articles the newspaper printed regarding the councilors' concerns about the meeting and an editorial published yesterday that said the meeting should not be private.
"They're concerned that it has already turned into a negative thing and that is not what they wanted," Moak said.
Moak said that at the new location in the lobby, "we'll have the door open, so if people come in, they come in." He said that reception will start at 6:30 p.m., directly preceding the 6:45 p.m. public event, the first public meeting for Karp in Newburyport.
Still, Moak stood by his decision that the council should meet with Karp and his development team during their first public appearance in the city. The mayor said that when there is a guest to the city it is proper protocol and etiquette for the guest to meet with the city's officials. He also said his aim with the meeting was not to allow the council and Karp to discuss business but rather for them to shake hands and "match a face to the name."
In a previous interview, he said it would be "impolite" for the council not to meet with Karp.
Moak also said he wanted separate time for the council to meet the development team to leave the public reception time for the public.
"My main concern is I don't want the city council to dominate (Karp's) time while the public is there," he said. "And they will, just by nature."
McCavitt and Cameron could not be reached for comment yesterday.
Earlier this week, McCavitt and Cameron said they would not attend the private meeting since they thought it did not send the right message to the public about the city's dealings with Karp, who is CEO and chairman of New England Development and the city city's largest land owner.
Cameron, in a previous interview, said "I don't see the need for a social gathering. I'm not looking to make friends. I'm looking to do the city's business. This sort of private reception is not going to give people confidence about the process."
McCavitt has similar sentiments, but also said the meeting bordered on illegal under the state's Open Meeting Law, which dictates how public boards meet and make decisions.
According to state statute, "The Open Meeting Law applies to every meeting of a quorum of a governmental body if any public business over which the governmental body has jurisdiction is discussed or considered." Any such meeting is required to be posted and open to the public.
The Open Meeting Law does not apply to "any chance meeting, or a social gathering at which matters relating to official business are discussed as long as no final agreement is reached." However the law also states that social gatherings cannot be used to circumvent the spirit of the law.
Tom Donovan, special counsel to the District Attorney's office, said Open Meeting Law regulates any meeting in which there is a quorum, or a majority of a given board. But not all quorums are in violation of the Open Meeting Law, he said. To be in violation, the board must also discuss business.
"You need a quorum plus deliberation" to be in violation, Donovan said.
When asked if shaking hands, introducing one party to another and making small talk is deliberation or business, Donovan said: "I don't think that would be considered business."
