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Councilor Lampiasi to Stay on Pittsfield Licensing Board
By Jack Guerino, iBerkshires Staff
02:29AM / Friday, September 11, 2020
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PITTSFIELD, Mass. — The City Council voted down a petition that would ask Ward 6 Councilor Dina Guiel Lampiasi to resign from the Licensing Board.
 
The petition introduced by Ward 7 Councilor Anthony Maffuccio failed Tuesday with a 3-6 vote.
 
Maffuccio did not think Lampiasi could serve on the City Council and another board. Also, he felt Lampiasi's employment at the district attorney's office was a conflict of interest, and he wanted her to stay true to a statement she made during her campaign.
 
Before the election in November 2019, and during a debate with Joseph Nichols, Lampiasi said, if elected, she would step down from the Licensing Board. 
 
Maffuccio's petition stated: "Honorable members of the City Council and Colleagues is a petition asking Councilor Dina Lampiasi to resign from the Licensing Board effective immediately due to her Employment with The District Attorneys Office sighting a conflict of interest and as she stated at the debates that she would resign if elected. I have had several calls as it is related to this matter and now is all over social media of the video of her commitment to resign if elected, it has been eight months and she had not done so."
 
Maffuccio also took issue with the waiver process. He noted Lampiasi campaigned for Mayor Linda Tyer and felt "backdoor politics" and "favoritism" were at work.
 
 
A majority of his fellow councilors disagreed.
 
"I think to make the accusations that it is backdoor politics, that the councilor had done something wrong with no proof, and with undertones that she is doing something devious is doing a disservice to her, and the people who elected her," Councilor at Large Earl Persip III said.
 
The Ward 7 councilor did add that he had no personal issue with Lampiasi, and said she was effective on both the City Council and the Licensing Board. 
 
"I respect her as a councilor, as a family member who has married my cousin, and a friend on the Licensing Board," he said. "But this must be done for the city of Pittsfield."
 
Ward 2 Councilor Kevin Morandi, who voted with Maffuccio, wanted Guiel Lampiasi to honor her pledge.
 
"I think this is more about the councilor doing the right thing and honoring the pledge that she made," he said. "She gave her word and now she has gone back on it."
 
Lampiasi said she was under the impression at the time that she could not serve on two boards and expected to be replaced.
 
"I was misinformed and, upon the inauguration, I fully expected to be replaced," she said. "But in January, I spoke to Mayor Tyer, and I was informed that I didn't have to be replaced." 
 
Ward 4 Councilor Christopher Connell had no issue with Lampiasi serving on the two governmental bodies, and he, in fact, commended her commitment. However, Connell had questions about the waiver process. He thought it was fine that the mayor put forth a waiver but thought it should have come before the entire council for consideration.
 
"I think she [Lampiasi] cares about the city of Pittsfield," he said. "But I am really fuzzy with the waiver because this is the first time in my almost nine years on the council that this came up."
 
City Solicitor Stephen Pagnotta said, per the city charter, no person shall hold one or more city office or position without a waiver from the mayor.
 
However, according to Pagnotta, Guiel Lampiasi did not need a waiver because she was on the Licensing Board prior to the City Council. If the mayor were to appoint her after she had been elected, she would then need a waiver.
 
He said Tyer still decided to go through the waiver process to be more transparent. He noted the public document does not have to go before the City Council for consideration.
 
The mayor said she had asked Guiel Lampiasi to continue on the board.
 
"She has proven herself to be quite committed to her role on the Licensing Board," Tyer said. "She is thorough, thoughtful, precise, and firm when needed, and I respect her work." 
 
Pagnotta said he did not see a conflict of interest because Guiel Lampiasi would have to be affiliated with an alcohol distributor or store for a conflict to arise. He said there could be a conflict if the District Attorney's Office had a case before the Licensing Board, but this is unlikely to ever happen. He said if it did happen, she would just have to recuse herself.
 
Persip also did not see a conflict of interest or an issue with the waiver. He said both Guiel Lampiasi and Tyer followed the charter, and the City Council did not need to be informed of every moving piece within the government.
 
Councilor at Large Peter White added that the council should be hesitant to make such allegations toward those volunteering their time to better the city.
 
He said if councilors still take issue with the waiver process it is up to them to change it in the charter.
 
Only Morandi, Connell, and Maffuccio voted to refer the petition to Guiel Lampiasi, who abstained from the vote.
 
Maffuccio's second petition, which he wished to be referred to Tyer, was to remove Licensing Board member Richard Stockwell.
 
"As a member of any board your No. 1 duty is to look out for what is best for the city and uphold the laws of the city," he said. "At that meeting, I was appalled by his conduct and the way he showed bias and favoritism toward the Proprietor's Lodge."
 
Maffuccio referred to an Aug. 24 meeting during which he alleged Stockwell "coached" the Proprietor's Lodge representative. 
 
The lodge was handed a suspension after holding a wedding in July. Board members felt the venue did not adhere to COVID-19 safety precautions.
 
Maffuccio claims that Stockwell encouraged the lodge to enter into an appeal process that would allow it to continue to run because the court system is momentarily backed up.
 
In August, Stockwell did say he was told this information by an Alcoholic Beverages Control Commission official and was relaying it to the board.
 
Ultimately, Stockwell voted against the suspension in August.
 
Maffuccio felt Stockwell always sided with the Proprietor's Lodge when it came before the board.
 
"He comes out in their favor every time they are in front of the board," he said. "As a board member, you do not give guidance or loopholes."
 
Only Morandi, Connell, and Maffuccio supported the motion. Guiel Lampiasi again abstained
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