Middleboro Finance Committee members accuse each other of open meeting law violations

MIDDLEBORO — Tensions continued at the April 24 Finance Committee meeting after members John Barrella and Matthew Phillips filed complaints alleging other members of the committee violated open meeting law.

On April 14, the Finance Committee held a meeting and reorganized, removing Barrella from the chair position and electing member Eric Machado in his stead. Directly after that meeting, the Select Board admonished Barrella for “constant harassment” of Town Manager Jay McGrail and barred Barrella from contacting him. Barrella was away for work and unable to attend either meeting.

On April 11, Phillips filed an open meeting law complaint against fellow committee members Machado, Ryan Downey and Alan Kirschner. Barrella filed his own complaint against Machado the same day. Both committee members allege that the April 14 meeting in which Barrella was removed as chair, was “illegal.”

​The calls for Barella’s removal as chair and the Select Board’s prohibition on contacting McGrail arose from what McGrail described as “constant requests for information” from Barrella.

Beginning shortly after his election in April 2024, Barrella began requesting information related to Capital Planning Committee meeting minutes, budget data and other financial records.

Barrella said through those records he discovered discrepancies in the budget which led him to make further requests for explanation from McGrail. He claimed town officials were not forthcoming with his requests for information, an assertion supported by Phillips.

“I’m concerned because we have conflicting data. We've received incomplete data and in some cases we haven't received data at all. It begs for clarification,” Phillips said.

Barrella enumerated his concerns in the agenda for an upcoming Finance Committee meeting. The agenda included items such as: review and discuss the $3.5 million payroll budget overspending and the roughly $37 million increase in borrowing between 2021 and 2025, along with 14 other concerns.

“When I asked for context, I was told I was stressing the Town Manager,” Barrella wrote in an email.

In an email to Machado on April 25, McGrail responded to Barrella’s concerns and provided explanations for the highlighted budget items.

In response to the $3.5 million payroll overspending, McGrail wrote, “The $3.5M overage in payroll is not accurate as John is using W2 payroll data not payroll paid through the budget.”

Similarly, McGrail explained that the $37 million borrowing increase is comprised of “the water treatment plant, sewer interceptor and Library HVAC, all approved at last year’s town meetings.”

McGrail went on to provide explanations for the other 14 agenda items posted by Barrella and told Machado he was “open to attending a future meeting” to answer any further questions.

In his open meeting law complaint, Phillips supported his allegation that the April 14 meeting was illegal on the grounds that only the chair can schedule a meeting.

He also noted that Barrella — the chair at the time — had scheduled a meeting to reorganize the committee for April 24, the next date he would be available. Despite this, Machado scheduled the separate April 14 meeting with the same agenda.

Town Counsel Gregg Corbo told Phillips that there is “nothing to prevent” members other than the chair from calling a meeting “after a chair has refused to do so.”

Barrella’s complaint against Machado, alleged he “conspired to place an illegal agenda on the meeting docket.”

Barrella also alleged that Machado, Downey and Kirschner, violated open meeting law by establishing “a quorum outside a legal meeting,” when they planned the meeting via email.

“Let me be clear, I did not seek the chair role, in fact I turned down the role three times. I have previously stated I would gladly accept a reorganization,” Barrella said. “Not being the chair would actually give me more free time to spend with my wife and two young sons.”

Both complaints have been referred to the Attorney General for review.

At the April 24 Finance Committee meeting, several members of the public ridiculed the Select Board for a letter read at the board’s recent meeting that accused Barrella of harassing McGrail and “negatively affecting the ability of the town to operate efficiently.” The letter, written by Select Board Chair Mark Germain, also informed Barrella that he cannot contact Corbo or McGrail.

“I’d like to apologize because of the way they painted you as a psychopathic stalker,” Jane Tsoumas told Barrella.

Richard Stewart, who has previously criticized the Select Board on the matter said, “the letter that was read in the Selectman's meeting was presuming guilt rather than innocence.”

Finance Committee member Downey, who made the initial request for reorganization said “I understand what [Barrella’s] trying to get to” but “he might be creating a lot of work for town employees.”

“I’m trying to root for everyone,” Downey said, adding that he may resign.

Phillips, who has supported Barrella, called the accusation of harassment a “baseless allegation that will potentially mar this man’s character.”

“The response is disproportionate to the situation,” he added.

Finance Committee Member Robert Sullivan said the continual debate over leadership has distracted from the committee’s mission.

“This just has that taste of something personal somewhere in this. I don’t know who or what but usually that’s what causes this kind of disagreement,” Sullivan said.

Barrella issued a statement in response to Germain’s letter on April 17.

“These meritless and baseless personal attacks, which also may run afoul of the law, are designed to attack my character and distract taxpayers from the real issues that I and many others are very concerned with. Why such secrecy and lack of transparency from town officials?” Barrella wrote.

Machado could not be immediately reached for comment.