In October, the Planning Board suspended member Birgitta Kuehn from being its representative on the Community Preservation Committee. Nonetheless, Kuehn showed up at Thursday night’s meeting to take a seat at the board’s table.
Her presence set off fireworks.
Kuehn was determined to defend what she says is her right to serve on the committee. After she sat down with the other committee members, one of them – Betty Cavacco – quickly objected.
“We have someone at our board table,” Cavacco said. “They have been informed by town counsel that they are not a member of this committee, and I suggest that they join the public like everybody else does.”
Hours before, town counsel Kate McKay had emailed Bill Koehan, chair of the committee, pointing out that Kuehn had been suspended and urging that she be prevented from voting.
The Oct. 11 suspension came after another Planning Board member, Carl Donaldson, who is Black, complained that an email Kuehn sent to him was racist. The board has yet to meet on whether to reinstate Kuehn, who is white.
Keohan had forwarded the email from town counsel along with another email from Kuehn’s attorney, Steven Triffletti – who is also town moderator – arguing that she had been denied a public hearing and that her suspension was therefore illegal.
Keohan on Thursday evening asked his fellow Community Preservation Committee members for their thoughts on the matter.
“I do not want to disrespect the Planning Board,” member Karen Buechs said. “If Mrs. Kuehn and Mr. Triffletti want to sue the Planning Board, they can do that, but to use us as a cudgel to prove a so-called point, I take exception to that.”
Kuehn then walked to the podium reserved for witnesses and members of the public to address the committee.
“We do have bylaws that govern this town and the bylaws are very clear about appointments to the Community Preservation Committee,” she said, citing paragraph 41.1 of the bylaws, which says that members of the committee can be removed for cause after a hearing.
“No hearing has yet taken place,” Kuehn said.
As she was speaking, Buech’s cellphone rang.
“I have a phone call here from Mr. Grandy,” she announced, referring to Planning Board chair Tim Grandy.
Undeterred, Kuehn continued to talk.
“I have a constitutional right to due process and until that takes place and a public hearing is scheduled and the public who has elected me to my position on the Planning Board is able to weigh in, I’m a duly elected member of the Planning Board and duly appointed (to) the CPC,” she said.
“Tim Grandy just called, chair of the Planning Board, and said she’s not supposed to be here,” Buechs interjected.
At this point, committee members John Mahoney, Cavacco, Buechs, and Bill Fornaciari – who is also the Independent’s History & Architecture columnist – said they would defer to town counsel’s opinion.
Two other members, Russell Shirley and Allen Hemberger, supported Kuehn being allowed to sit on the committee. The vote was 4-2 against allowing Kuehn back, with Keohan, as chair, abstaining. He asked Kuehn to take a seat in the audience.
“This is a real travesty of justice,” Kuehn said. “We have bylaws for a reason. Boards are not in a position to violate our bylaws because it inconveniences them and because they have ulterior motives in staffing committees.”
Kuehn later told the Independent that the “ulterior motives” comment was a reference to the fact that had she voted at meetings of the Community Preservation Committee since her suspension, at least one key vote would have resulted in a tie, preventing the committee from creating the position of an administrative assistant who will report to the town manager.
The committee manages millions of dollars in Community Preservation Act funds that must go to housing, open space, or historic preservation. Stakeholders come to it asking for funding for their proposed projects. The committee vets their proposals, decides if they merit funding, and sends recommendations for approval to Town Meeting.
“Due process is something that is guaranteed to every citizen of the United States, of which I am,” Kuehn continued in her address to the committee. “The Planning Board has decided to violate my constitutional rights” and those of the people who want her voice on the Community Preservation Committee, she said.
Cavacco expressed outrage that the committee took a vote on whether to follow town counsel’s advice.
“I’m actually floored that you guys would go against town counsel,” she said.
Keohan defended his decision to consult the committee on whether Kuehn should have a seat, pointing out that the bylaws require a public hearing before someone is removed.
“I’m disgusted,” Cavacco said. “To circumvent our legal opinion and say, oh, whatever your excuses were, I’m disgusted.”
“It’s a bullying tactic,” Buechs added, referring to Kuehn’s defiance of her suspension. “We’re being used to make a point. This is an argument between a lawyer, his client, and the Planning Board, and we were drawn into it tonight.”
Shirley took Buechs to task for answering Grandy’s phone call in the middle of the meeting.
“I’m kind of appalled,” he said.
“I did not know who it was,” Buechs replied. “He didn’t know I was here!” she exclaimed, referring to her presence at the regularly scheduled meeting of the committee.
“I came here tonight to push the issue because this board has not been able to make good decisions without a full complement of committee members,” Kuehn told the Independent after the meeting adjourned without the committee conducting any business.
Kuehn said the Planning Board will take up her suspension from the Community Preservation Committee, with lawyers present, on Feb. 14. Fred Thys can be reached at fred@plymouthindependent.org.