07/05/08

Text -Gate and the Lowell City Council

Richard Howe


While we here in New England were cheering on the Celtics, the rest of the basketball world was debating disgraced former referee Tim Donaghy’s allegations that NBA executives routinely directed referees to manipulate games in order to boost ticket sales and TV ratings, a charge the NBA vigorously denied.

Amidst this focus on officiating, William Rhoden, a sports columnist with the New York Times, asked former Lakers’ great Magic Johnson if the players could get by without referees.  While stressing that the NBA needed on-court officials, Johnson acknowledged that every player grew up policing themselves in playground games.  

According to Johnson, these games were “as pure as it is when you have referees” although “the game may be a little longer, some of the calls may be disputed, and then there’s going to be more trash-talking.”

Sounds like Johnson was describing the recent behavior of the Lowell City Council. Usually, the council’s self-policing is invisible, relegating procedural rules to the background and letting substance dominate the debate. But this summer, the council has spent more time arguing about the rules than debating the city budget.

A motion by Rita Mercier at the June 10th meeting to “prohibit the use of cell phones and/or any communications device during city council meetings” ignited the most recent controversy. 

In explaining the motion, Mercier said the use of cell phones during meetings “created a negative appearance and cast a dark shadow over the city council.” 

She said it was apparent that some councilors were sending text messages to other councilors during meetings, adding “I’m all for socializing, but during the city council meeting is not the place for such behavior.” 

She went on to say that some councilors retreat to the cloak room to receive telephonic instructions from their remote handlers, although she offered no facts to support that allegation.

Councilor Mike Lenzi seconded the motion, saying cell phone use during meetings “sets a bad precedent. There are important things being said and everyone should be paying attention.” 

Councilor Alan Kazanjian also supported the motion, saying he was “taken aback” by city councilors using cell phones during meetings and that they should not be used out of “professional courtesy.” 

Councilor Armand Mercier also spoke in favor of the ban, saying that he always turned off his phone at the start of the meeting. While Mayor Bud Caulfield did not expressly state his position, he strong-ly implied that he supported the motion.

Councilor Kevin Broderick, who many suspect was the primary target of Mercier’s motion, acknowledged that he did occasionally use the text message capability of his phone during council meetings but that many such messages were in response to queries by constituents who had grown use to rapid electronic responses.  Broderick added that this dispute was an example of some councilors being more comfortable than others with advances in communications technology. 

Councilor Jim Milinazzo was critical of Mercier’s motion, saying that he, Mercier and Broderick had all discussed the matter in a collegial and light-hearted way just days earlier.  As far as he was concerned, the matter had been appropriately addressed in that informal manner and that raising it again as a motion was  “disappointing.”

Councilors Bill Martin and Rodney Elliott both observed that this issue was a case of fitting modern technology within rules written before such technology was even imagined.  While acknowledging the need to maintain council decorum, both Martin and Elliott seemed unprepared to support an outright ban.  In support of their position, both councilors pointed out how the same behaviors routinely performed by some city councilors – making whispered comments to neighboring colleagues or reading from notes - were now condemned because of technology.

 Anyone who has ever attended a city council meeting has observed councilors – including all supporting the cell phone ban - routinely whispering something to a neighboring councilor.  How does that differ from two councilors sending the same words as a text message rather than a whisper, Martin asked?

 Elliott pointed out that he stores information on his cell phone and having that information at hand during meetings makes him a better councilor.  He asked how reading his notes on his cell phone differed from another councilor reading prepared text  from a piece of paper during a council debate. 

In the end, the council referred the matter to the Rules Subcommittee for a report and recommendation.  From the comments of the councilors, however, it was apparent that five support the ban while four oppose it. 

Because the motion would be a rules’ change, it would normally require six votes to pass, so it’s probably destined to be defeated.  In the end, that’s probably the best result. Councilors who may have been using cell phones and text messages frivolously during meetings know that they’re now under scrutiny and will refrain from that practice. 

But enacting an outright ban would slam the door on innovative uses of technology that could make the councilors who wisely use such capabilities better public officials.   

Richard P. Howe Jr. is the creator of www.richardhowe.com, a blog that provides commentary on politics in Lowell. He also serves as Register of Deeds of the Northern District of Middlesex County. You can email him at lowelldeeds@comcast.net



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