Whelan Files Complaint Against MBTA

BREWSTER – Brewster State Representative Tim Whelan has filed a complaint alleging an Open Meeting Law violation by the Fiscal Management Control Board of the Massachusetts Bay Transportation Authority.

The complaint alleges that a meeting recently held was not properly posted as required by Chapter 30A of the Massachusetts General Laws.

The complaint filed with the offices of MBTA General Manager Steve Poftak and FMCB Chair Joe Aiello notes that under normal conditions public bodies are required to post meeting notices at least 48 hours in advance of the meeting, and in the case of an “emergency meetings,” a notice must still be posted in advance.

Typically a meeting notice is posted on the MBTA web-page, however that was not done in this case.

A vote was held at the meeting that would prohibit MBTA buses from transporting police officers, not assigned to the Transit Police, to or from public demonstrations.

“I am disappointed that the board entrusted with overseeing the MBTA’s $2.1 billion budget chose not to offer the opportunity for public input by holding a clandestine meeting, announcing the subject of that meeting and the results only after the fact”, Whelan said.

“I am concerned by what appears to be a hastily arranged meeting of a public body to reach a predetermined outcome, and I join with the concerned taxpayers and citizens who have reached out to my office in awaiting the results of their investigation into this complaint.”

Under state law the MBTA’s FMCB must respond to this complaint within 14 business days. 

Whelan said the results of the investigation will be announced at the time a response is received.

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