The lawsuit is a novel approach to bring renewed attention to an issue that environmental activists have been advocating nationwide – generally with limited success.

CAMBRIDGE — Seven Harvard University students are suing the school to force it to divest its endowment from fossil fuel companies.

Kelsey Skaggs, a 25-year-old Harvard Law School student from Alaska and one of the plaintiffs, said students tried for three years to engage students, alumni and faculty on the question of divestment.

"That was really getting nowhere," Skaggs said. "And since we have to act on climate change now, we don't have time, and we felt like we had to bring another tool to bear to force some action."

Harvard University spokeswoman Tania deLuzuriaga said the university agrees that climate change poses a serious threat. "We agree that threat must be confronted, but sometimes differ on the means," deLuzuriaga said. "Harvard has been, and continues to be, focused on supporting the research and teaching that will ultimately create the solutions to this challenge.  If the students intend to file such a lawsuit, we expect that a court will need to consider the legal basis of their complaint."

The lawsuit is a novel approach to bring renewed attention to an issue that environmental activists have been advocating nationwide – generally with limited success.

A group of environmental activists were pushing Massachusetts this year to become the first state in the country to divest its pension fund from fossil fuel companies, but a bill failed to pass the state Legislature. Ten Massachusetts cities and towns have voted to divest their funds from fossil fuel companies. Around 15 universities and colleges worldwide have also voted to divest, as have a number of religious institutions.

There do not appear to be any cases of similar lawsuits filed against universities over divestment. The complaint (see below), filed in Suffolk County Superior Court, reads as much like a political statement as a legal brief. Much of it is dedicated to laying out the harmful impact of fossil fuels and climate change. The lawsuit argues that the Harvard Corporation and Harvard Management Company, which manage Harvard's endowment, are mismanaging charitable funds and investing in "abnormally dangerous activities" by investing in companies that contribute to climate change.

There has been a series of lawsuits filed by young people against individual states, arguing that the states must do more to combat climate change. But that litigation has generally been unsuccessful. And the legal issues are likely to be even more complicated here, since Harvard is a non-profit institution.

Harvard has taken steps to combat climate change, through research and through reducing greenhouse gas use on its campuses. Harvard University President Drew Faust has said she opposes divestment because it turns the endowment into a political tool rather than an economic resource and could hurt the university's financial position.

Louis Moore, an environmental law and land use attorney in Springfield, said he has not studied the legal theories behind the claim, but the students seem to be using “a creative and novel theory,” and getting new theories to succeed in court can be “a bit of a stretch.”

“I think their strategy may be more to bring focus and public attention on these investments,” Moore said.

Harvard Climate Justice Coalition vs. Harvard

Secretary of State William Galvin's office on Thursday reported that the race for governor, which was decided in Baker's favor by 40,165 votes, was the closest race for governor since 1964.

By Michael Norton
STATE HOUSE NEWS SERVICE

STATE HOUSE, BOSTON, NOV. 20, 2014.....Only Charlie Baker and Martha Coakley know what it was like to be a participant in the closest race for Massachusetts governor in 50 years.

But they've got nothing on John Volpe.

Secretary of State William Galvin's office on Thursday reported that the race for governor, which was decided in Baker's favor by 40,165 votes, was the closest race for governor since 1964.

A News Service trip through the statistical archives showed that Winchester Republican John Volpe, running as a former governor during the 1964 campaign, defeated Lt. Gov. Francis Bellotti of Quincy by 23,046 votes to regain the governorship.

But that wasn't even the closest race Volpe had been involved in. Just two years before, in 1962, Volpe lost his handle on the governorship when Democrat Endicott Peabody of Cambridge beat him by 5,431 votes.

Two years later, Peabody was on the losing end of a nail-biter. In the 1964 race won by Volpe, Bellotti, the lieutenant governor at the time, defeated Gov. Peabody by 26,895 votes in the Democratic primary.

In 1966, when four-year terms were introduced, Volpe won re-election and held office until January 1969 when he resigned to become President Richard Nixon's transportation secretary. Acting Gov. Francis Sargent took over, then won election as governor in 1970.

Galvin expressed disappointment Thursday that turnout in the Nov. 4 election of 50.8 percent did not surpass 2.2 million votes cast. It was only the second non-presidential election since 1990 with turnout below that level. There were 4.3 million people registered to vote in this month's election.

Baker is scheduled to be sworn in as governor on Jan. 8, 2015.

The city has set up a holiday lighting fund, and is seeking contributions, said Narkewicz.

Updates a story posted Thursday at 3:04 p.m.

NORTHAMPTON — Holiday lights in Northampton will be turned on this year, instead of removed from dozens of street trees and packed away, Mayor David Narkewicz said Thursday.

Narkewicz said the City of Northampton will take temporary responsibility for the lights, which are owned by the now-defunct Northampton Business Improvement District. The BID was forcibly dissolved by a judge on Nov. 12, leaving the annual lighting display in limbo.

The city has retained Creative Illumination of Easthampton to turn on the lights, said Narkewicz, and hopes to cover the cost through donations. Most of the lights are on city property and powered through city electrical outlets, he said.

Creative Illumination is the same company contracted by the former BID to install, remove and maintain its holiday lights.

The mayor's announcement defuses a public relations war between the former BID and Alan Scheinman and Eric Suher, plaintiffs and downtown property owners who pursued five years of litigation to have the organization disbanded.

Earlier this week, Scheinman told The Republican he and other "No BID" members would gladly pay Creative Illumination the "less than two thousand dollars" it would take to turn on the lights, adding that "if the BID had its way, the holiday lights would be taken down."

BID director Natasha Yakovlev bristled at Scheinman's words, saying the lights are an asset of the Business Improvement District, and must be taken down and accounted for as the BID winds down its operations.

"Nobody wins if the lights come down," Yakovlev said Wednesday, adding that the true, annual cost of the display, including putting the lights up and taking them down again, was $24,000-$26,000.

The lights remain on the trees from last year because the BID's coffers were being drained by litigation at the end of the previous holiday season, said Yakovlev.

Thursday's announcement by Narkewicz will seemingly forestall a worst-case scenario of a downtown shopping season without holiday lights.

Narkewicz said he saw no problem with the city paying Creative Illumination to perform maintenance and flick the switch, considering that Superior Court judge John Agostini, who ruled the BID "null and void" last week, had still not ruled on various legal motions regarding the technicalities and timeline of the BID's dissolution.

Narkewicz said he wasn't sure what the cost would be, but said Creative Illumination would invoice the city. Narkewicz expressed confidence that business owners, residents and others would step to the plate and cover the cost.

Scheinman, reached by telephone Thursday, said he, Suher and other BID opponents would contribute to the holiday lighting fund.

"I lived in downtown Northampton for over 35 years," Scheinman said Wednesday of the downtown lights. "The holidays wouldn't be the same without them."

Narkewicz said those who wish to support this year's downtown holiday lighting may send contributions to "City of Northampton Holiday Lighting Gift Fund," City Hall, 210 Main St., Northampton, MA 01060.

For many Americans, their interest in the president's immigration plan will be limited to a broad-brush idea of how many people are covered. But for millions of immigrants, the smallest details of the plan could well be life-altering.

By NANCY BENAC

WASHINGTON — After years of wrangling with Congress over how to fix the country's immigration system, President Barack Obama is ready to announce his plan to take action alone.

Just how far does he go? Who's going to be covered? How do Republicans manage their anger?

A guide to what to watch for Thursday night:

WHO WINS AND LOSES?

There are an estimated 11 million immigrants living in the United States illegally, and most of them aren't going to be covered by Obama's executive action. The big question is which subsets of immigrants will and won't be shielded from deportation by the president's plan -- in essence, who wins and who loses?

Up to 5 million people are expected to be covered by the president's plan, including parents of U.S. citizens and permanent residents who have been in the country for five years. Obama also is expected to loosen eligibility rules for a 2012 program that already protects some young immigrants from deportation. Among the likely losers: Parents of those participating in the young immigrants' program. They were under consideration, but didn't make the final cut.

WHAT'S OBAMA'S AUTHORITY TO ACT?

For more than a year, Obama has been prodding Congress to fix the "broken" immigration system, saying his own authority to act was limited by the Constitution.

Republicans are circulating 22 examples of Obama stressing the limits of his authority. Among them, this quotation from February of 2013: "I'm not the emperor of the United States."

Now, Obama has to do a rhetorical about-face and provide justification for acting alone.

Look for him to point to the actions of past presidents: The White House says Presidents Eisenhower, Kennedy, Johnson, Nixon, Reagan and both Bushes all took unilateral action to make immigration changes by relying on their executive authority.

WHAT'S IN THE FINE PRINT?

For many Americans, their interest in the president's immigration plan will be limited to a broad-brush idea of how many people are covered. But for millions of immigrants, the smallest details of the plan could well be life-altering.

Immigration advocates and lawyers say their offices already are being flooded with calls from people wondering how they will be affected. Exactly who will get added to the young immigrants' program? Will immigrant spouses of U.S. citizens be covered? What about protection for farm workers? The minutiae of definitions, deadlines and cut-off dates will be hugely important.

For example, the president will lay out a new ranking of priorities for who gets deported, lowering the likelihood of deportation for parents of U.S. citizens or legal permanent residents who have been in the U.S. for less than five years, and for other immigrants who have been here illegally for more than 10 years.

HOW DO REPUBLICANS VENT?

It's a given that most Republicans in Congress aren't going to be happy with the president's plan, casting it as a case of presidential over-reach and arrogance. But they have vastly different ideas on how best to express their anger.

If their reaction is over the top, that could raise questions about the Republicans' ability to govern just as they are taking control of the Senate and expanding their majority in the House. It also could alienate Hispanics, who represent a large and growing voting bloc.

Some Republicans have raised the prospect of the immigration dispute resulting in another government shutdown and there even have been mentions of impeachment, but GOP leaders insist it won't come to that. Others are talking about legal action.

WHO'S PAYING ATTENTION?

The White House scheduled a rare prime-time presidential address to lay out the president's plan, hoping to explain directly to the American people both the need for action and the reasons Obama chose to go it alone.

But who will tune in? Univision is delaying the start of the Latin Grammy Awards to carry the president's brief speech live at 8 p.m. EST. But ABC, NBC, CBS and Fox networks won't be airing the address. Obama will be competing with the likes of "Grey's Anatomy," ''The Big Bang Theory," ''The Biggest Loser" and "Bones." CNN, Fox News and MSNBC will carry the president's speech live.

During the hearing, defense lawyer Philip Lauro said his client went to the club to stop his stepdaughter from dancing there.

SPRINGFIELD - A South Hadley man arrested for brandishing a shotgun outside a city strip club was ruled too dangerous for bail Thursday, despite his mother's assurance that he was incapable of violence.

"He wouldn't kill a mouse in the house," said Carol Peloquin, 72, during a dangerousness hearing for her son John in Springfield District Court.

After hearing two hours of testimony, Judge William Hadley ordered the defendant held without right to bail for the 120 days, citing his "bizarre and dangerous" behavior outside the Fifth Alarm club Sunday night.

Peloquin, 51, a groundskeeper at the Ledges Golf Club in South Hadley, was arrested outside the Worthington Street club following a dispute with his estranged stepdaughter, who was dancing there, and her boss.

After fighting with the manager and being ejected from the club, Peloquin fetched a 12-gauge shotgun from his jeep and attempted to get back inside, according to police.

Blocked by a locked door, he broke the window with the butt of his shotgun; he was arrested outside after a brief standoff with city and state police, and pleaded not guilty Monday to seven charges, including assault with a deadly weapon.

At the request of Assistant District Attorney Marie Angers, Peloquin held without right to bail pending Thursday's hearing on whether he was too dangerous for pre-trial release.

During the hearing, defense lawyer Philip Lauro said his client went to the club to stop his stepdaughter from dancing there.

The defendant has no history of violence, a steady employment record and served five years in the U.S. Coast Guard, according to Lauro, who said distress over his stepdaughter's job choice, combined with the confrontation with the club manager, helped explain his behavior Sunday night.

"Everyone has triggering points," Lauro said. "If he could take it back, he would."

The defendant lives with his mother, a retired pediatric nurse who relies on him for grocery shopping, lawn care, snow removal and other domestic chores, Lauro said.

During her testimony, Carol Peloquin said her son was "heartbroken" after learning recently that his stepdaughter was working as a stripper. Peloquin adopted the girl and her brother after marrying their mother two decades ago; the couple later divorced, and Peloquin had not seen the stepdaughter for years, his mother said.

"The two children were very happy to be adopted by John," the defendant's mother said. "He raised those children like they were his own."

But Assistant District Attorney Daniel Daley said the defendantoffered his stepdaughter $1,000 for a private dance, and became enraged when the manager told him to leave the club.

Under club policy, boyfriends, parents or family members of dancers are not allowed, Daley said.

The stepdaughter, now 25, testified she had seen the defendant once in the past decade before he came to the bar Sunday night. The conversation was cordial at first, but he became increasingly agitated, the stepdaughter said. At one point, he offered her $1,000 to leave the bar and go to dinner or a movie, she testified.

"I told him he needs to leave; this is my job," she said, adding, "I like my job."

The bar manager, Carlos Burgos, said the defendant refused to leave and pulled a shotgun shell from his pocket. "He said 'there's another one waiting outside for you," Burgos said.

Once outside, Peloquin grabbed a shotgun from his car and walked back toward the bar, according to Burgos, who said he locked the door and took shelter with other employees on the other side of the building.

The prosecutor said Peloquin was not drunk at the time, making his behavior even more inexplicable.

"He offered his stepdaughter $1,000 for a dance....then was parading around in a parking lot in the city of Springfield waving a shotgun," Daley said.

"The facts are, for lack of a better word, quite frankly insane," he added.

The city has the new salary costs covered for this year, and is looking to use MGM money to cover the costs after that, officials said.

This is an update of a story posted at 2:30 p.m. Thursday.

SPRINGFIELD - Springfield intends to hire 58 new police and firefighters in the coming months, and is banking on funding from the MGM Springfield to see that the city will continue to be able to afford them into the future.

Mayor Domenic J. Sarno, in a press conference at Police Headquarters on Pearl Street, announced the city will hire 30 new police officers and 28 firefighters, and the hope is all new hires will be trained and deployed by the summer.

The new hires are critical for two departments that have seen their numbers decline over the last decade, but Sarno said it is just as critical that the city be able to absorb the additional $3.2 million in personnel costs without needing to resort to layoffs later on.

"We want to make sure we can do it in a sustainable fashion and that we can continue it," Sarno said.

The mayor said he was very proud that in a very difficult economy over the last five or six years that he has not had to lay off any police or fire fighters "as other cities have had to do."

He said he has consulted with Police Commissioner John Barbieri, Fire Commissioner Joseph Conant, and city Chief Administrative and Financial Officer T.J. Plante about ensuring the cost of new hires is sustainable over the long term.

"And it works," he said.

As Plante explained, the police and fire department budgets have sufficient funding for the new hires through the end of the fiscal year in June.

The new costs would be roughly $585,000 for the police and $575,000 for the fire department, he said. That includes, salaries, training, and uniforms and equipment.

For fiscal 2016, which begins July 1, the hires will result in an additional $1.86 million in personnel costs for the police and $1.74 million for the fire department, he said. That includes salaries, benefits and educational incentives.

Most of that money will be offset by the $3 million the MGM Springfield is due to pay the city next year, Plante said.

"Sustainability for the long-term is where MGM comes in. We've agreed to a pre-pay. We can bank on an additional $3 million in advance of having the casino built when other revenue will kick in," he said.

"Having that as a back up for all this make it easier," Plante said.

The new hires will mean the police department will grow to 483 sworn officers, of which 409 will be out on the street dealing directly with crime and investigations. The Fire Department will have 260 total employees, 248 of whom will be sworn firefighters. Of those, 228 will staff fire trucks and respond to emergencies.

Conant said he was very excited by the news.

"For the first time in many, many years, we are adding budgeted firefighters," he said.

In the last few years as the department ranks have dwindled through retirements and attrition, the department has had three firefighters on trucks instead of four.

One fewer firefighter per truck means it takes longer to open a fire hydrant, to run a hose into a building, or to extend a ladder, he said.

"Adding to personnel makes firefighters safer and the city safer," he said.

Barbieri said the additional police officers will be deployed to address issues of public safety and quality-of-life issues throughout the city.

"We're going or work on the root causes of crime with social groups. We're going to work on long-term issues with neighborhoods, and on the short term things that upset people in neighborhoods," he said.

When the casino is operational and people from out of town come to Springfield, he said, "they're going to see officers on foot, at stationary posts, in cruisers and on bicycles."

The additional deployment will allow people to feel safe in their homes, on the street, and in businesses and schools, he said.

During the 1990s, the Springfield police ranks swelled to as high as 547, largely through federal funding available to communities to hire more police officers.

When that funding dried, up, Springfield was forced to lay off 76 police officers in February 2003.

The fire department had as many as 320 firefighters during this period, but was forced to lay off 76 people at the same time.

The 30 new police officers come on the heels of the department last month deploying 22 officers who had completed training through the department's police academy.

Conant and Barbieri said they intend to begin interviews and background checks on applicants as soon as the next list of candidates is made available by the state Department of Civil Service.

Barbieri said he would like to have the next police academy class in place by January or February at the latest to begin the six-month training program.

The fire department will conduct two separate training academies of 14 cadets each. Conant said he would like to see the new firefighters in service by the summer.

City Councilor Thomas Ashe, chairman of the council's Public Health and Safety Committee, said "This is an exciting day for the city of Springfield."

He said it is especially important for each department to be bringing in new people as each is poised to see "an avalanche of retirements" in the coming years.

"This is going to be as important in the future as it is today," he said.

City Council President Michael Fenton, who was not in attendance for the announcement, said he was pleased with the announcement of the new hires.

"I am happy to see our public safety personnel finally bolstered after reaching dangerously low levels. I look forward to ensuring that we make staffing levels even stronger as we cope with attrition," he said.

He reiterated his recent proposal for the city to hire 30 additional police officers next year, and said he will see to it that it is part of the council's upcoming discussions with MGM.

"It's not a one-time thing. We need to think strategically. There's more than sufficient funding to get that done," he said.

The chief wouldn't discuss whether criminal charges were considered against the fired officer.

HOLYOKE -- Police Chief James M. Neiswanger said he seized the license to carry a firearm of fired former Officer John Wieland II who was ousted Nov. 14 for pointing his gun at another officer in an argument at a restaurant.

Neiswanger, in his first public comments on the matter, also declined to discuss in an email Tuesday why criminal charges weren't filed against Wieland, though the chief said the Wieland matter was discussed with the office of the Hampden County District Attorney.

Mayor Alex B. Morse said Friday he had accepted the recommendation of Neiswanger and fired Wieland, a six-year veteran.

"I made a recommendation for separation of service based on all the facts of the case. The hiring authority terminated the employee," Neiswanger said, referring to the mayor.

Wieland, a U.S. Air Force veteran, and three other officers were eating breakfast at Denny's restaurant, at Northampton Street and Whiting Farms Road, at about 5 a.m. on Aug. 18. Wieland was on duty and in uniform. They began arguing about which branch of the military was better, talk got heated and Wieland took out his gun, according to details from Officer Edward J. Moskal, president of Local 388, International Brotherhood of Police Officers, Morse and others.

Moskal said Wieland's firing has been appealed to the state Civil Service Commission, a board that hears and decides on appeals of certain state and municipal employees.

John Wieland II(PHOTO FROM FACEBOOK PAGE) 

Neiswanger also wouldn't comment on Moskal's criticisms of how Neiswanger and Morse have handled the Wieland matter.

"Since the entire matter is under appeal, I am refraining from any further comment," Neiswanger said.

Moskal said that Neiswanger had exaggerated the matter. The firing of Wieland was "excessive, unfair and egregious," especially given that Wieland acknowledged he was wrong and should be punished and was willing to undergo counseling, Moskal said.

Another problem, Moskal said, was that during the Police Department's internal investigation of Wieland, the point was raised whether the year that Wieland spent deployed in Afghanistan had affected his fitness to be a police officer.

Former Massachusetts Senator and one-time prospective New Hampshire Senator Scott Brown is returning to the lucrative world of cable punditry.

Former Massachusetts senator and one-time prospective New Hampshire Senator Scott Brown is returning to the lucrative world of cable punditry.

Brown, a former Fox News contributor, will rejoin the conservative network next week as a member of the show Outnumbered, a show that features a constantly changing panel of four women and one man that discuss the issues of the day.

The Boston Herald is reporting that Brown will return to the network next Tuesday.

Brown made approximately $136,538 on the network as a contributor after he left the Senate in 2012.

In 2010, Brown rose to national prominence when the then Beacon Hill backbencher upset the heavily favored Martha Coakley in a special election to fill the seat of the late U.S. Senator Ted Kennedy. Brown later lost the seat in 2012 to Elizabeth Warren in a blowout.

Brown was narrowly defeated in 2014 by incumbent Jeanne Shaheen when he tried to make his way back to Washington D.C. as the U.S. senator from New Hampshire.

A veteran Hull police sergeant says he has been continually harassed by his superiors and discriminated against because he is gay.

A digest of news stories from around New England and beyond.

Do you have news or a news tip to submit to MassLive.com for consideration? Send an email to online@repub.com.

The two groups of workers, who are represented by the SEIU and paid through state contracts, will become eligible for taxpayer-funded sick leave under the earned sick time law that voters passed in November.

When Corleen Adams, a childcare provider in Turners Falls, underwent surgery, she took time off. She continued to be paid by the children whose families pay privately, but she was not paid for the low-income children who attend her program with state-subsidized vouchers.

Told that she may be eligible for state-funded paid sick time under a law passed by voters in November, Adams said, "That's great, who wouldn't want it?"

A provision of the sick leave law that passed by referendum on the November ballot will provide earned sick time to personal care attendants and home-based childcare providers who have contracts with the state, at taxpayer expense.

Steve Crawford, a spokesman for Raise Up Massachusetts, a coalition that promoted the ballot initiative, said it is important for these groups to have access to earned sick time.

"They provide care for the most vulnerable citizens in our state - the very old, the very young, the disabled," Crawford said. "We're pleased that the voters of Massachusetts agreed that these workers should be able to take a couple days off with pay when they're sick."

But Jon Hurst, president of the Retailers Association of Massachusetts, said the Service Employees International Union, which represents the workers, snuck a benefit into the ballot initiative to help their own workers.

"In essence that was, by a new law, a new union contract benefit courtesy of the taxpayer," Hurst said.

The personal care attendants are those who have state contracts through MassHealth, the state's Medicaid program, to care for people who are elderly or disabled. The new law says that for purposes of providing earned sick time, the Personal Care Attendant Quality Home Care Workforce Council – a governmental body overseeing the personal care attendants – will be considered the attendants' employer. The law makes the state's Department of Early Education and Care the employer of family childcare providers, home-based daycare providers who care for low-income children who receive state-funded vouchers.

State officials at the Department of Health and Human Services and the Department of Education were unable to provide an estimate of how much the provision will cost the state.

"We are working to provide a timely analysis of the ballot initiative in time for its effective implementation," said Kathleen Hart, a spokeswoman for the Department of Early Education and Care.

Although supporters and opponents of the ballot initiative mentioned some numbers during their campaigns, representatives of the unions and the Retailers Association said this week that they did not have an accurate estimate of the cost.

The law states that all employers with more than 11 employees must provide up to 40 hours of paid sick time a year. (Sick time is accrued based on how many hours an employee works.)

Alec Loftus, a spokesman for the Department of Health and Human Services, said there are approximately 35,000 personal care attendants with state contracts in Massachusetts. They are paid $13.38 an hour, according to a collective bargaining agreement between the SEIU and the state.

If all the workers take their maximum benefit, the cost would be $18.7 million. But because it is a new benefit, those involved with crafting the law say there is no accurate way to estimate how much sick leave will actually be used. That figure does not take into account the number of hours the personal care attendants actually work or the rates at which people get sick.

There are fewer family childcare providers. The SEIU, which represents the providers, says there are around 3,500 providers who get state reimbursements. They are paid according to a formula that varies based on geographic region and age of the children. Family childcare providers are generally reimbursed at between $28 and $49 per child per day, while a relative caring for a child in the relative's home gets $16 per child per day, according to state data. (Those rates are scheduled to increase during the current fiscal year.)

The new sick time law goes into effect July 1, 2015. Any costs to the state will have to be included in Gov.-elect Charlie Baker's first state budget, which will cover the fiscal year that begins in July 2015.

Baker, a Republican, opposed the earned sick time ballot initiative. But he has said he respects the ballot initiative process and will implement the law as passed, without any changes.

The Retailers Association of Massachusetts opposed the earned sick time law because of its effect on small businesses and donated $4,600 to the opponents' ballot initiative campaign. Hurst said he does not necessarily oppose giving earned sick time to these workers, but he is unhappy with the fact that the provision was not publicized much during the debate. Most of the discussion of the ballot initiative focused on the moral right for all workers to have earned sick time and the benefits of allowing people to stay home when they are sick.

"It was a bit deceptive by the proponents that that was a major objective of the writers and funders of the initiative," Hurst said.

Hurst said personal care attendants and childcare providers are like independent contractors, who are not eligible for paid sick time. He argues that the SEIU, which represents both groups of workers, should have bargained for the benefit.

"This is clearly a political, self-centered, contractual objective of the SEIU," Hurst said. "They did a vast upgrade of their taxpayer funded contract by essentially hiding it in a larger initiative that looked like it would be good public policy."

The SEIU – including its international headquarters, its Massachusetts council and local union branches - donated $902,000 to the ballot campaign for earned sick time, including in-kind contributions, which include things like staff time. Of that, $100,000 came from 1199SEIU, which represents the personal care attendants, and $75,000 came from Local 509, which represents the childcare providers, according to campaign finance records.

Spokesmen from both unions referred questions to Crawford. Crawford stressed the importance of the benefit for personal care workers and family childcare providers.

"They truly do God's work," Crawford said. "It's essential for the very fragile population that they care for that when they're sick, they're able to take time off without losing a day's pay, to protect the health of their client."

Crawford noted that these groups are a tiny percentage of the 910,000 workers who will be helped by the new law, which will primarily benefit people who work in restaurants and retail. Crawford argued that many of the personal care attendants and family childcare providers are paid exclusively by the state, so it makes sense for the state to give them benefits.

Supporters of earned sick time – labor, faith groups, community organizing groups and some individuals - spent around $800,000 on the ballot initiative, while opponents, mostly business groups, spent less than $50,000. (These numbers do not include in-kind contributions.)

Crawford said Hurst's concern about the way the provision was passed "is simply sour grapes by lobbyists for sectors of the business community that failed to mount really any campaign at all against the question."

The dangerousness hearing will be held Wednesday.

Conor Berry | cberry@repub.com 

Updates stories posted at 7:45 and 10:47 a.m.

PITTSFIELD — A dangerousness hearing for an 18-year-old city man who allegedly shot a Goshen man during a drug deal Tuesday night has been postponed.

The victim, 29-year-old Anthony Gamache, died the following night at Cooley Dickinson Hospital in Northampton.

The suspect, Peter J. Campbell, continues to be held without bail at the Berkshire County House of Corrections. The dangerousness hearing will be held Wednesday.

Police said Gamache was shot in the leg at about 9 p.m. during a drug deal in the parking lot of the Big Y World Class Market.

Gamache went to a friend's home after the shooting and was then taken to Cooley Dickinson Hospital. He was transferred to Baystate Medical Center in Springfield, where he was treated and released, according to a statement put out by the Berkshire District Attorney's office.

Gamache returned to his home in Goshen and started to experience pain Wednesday night, according to the release.

Goshen firefighters, along with paramedics and EMT's from Highland Ambulance, responded and took the victim to Cooley Dickinson Hospital where he was pronounced dead.

The Goshen Fire Department, on its Facebook page, stated that Gamache suffered from a "syncopal episode" (fainting). He went into cardiac arrest 18 minutes after their arrival and a call for additional manpower was made.

Campbell denied charges of assault and battery by means of a dangerous weapon, possession of a firearm without a license and discharging a firearm within 500 feet of a dwelling.

An autopsy will be conducted on Gamache Saturday in the Office of the Chief Medical Examiner in Boston. Officials initially reported the autopsy was to have been conducted Friday.

Frederick Lantz, a spokesman for the Berkshire District Attorney's office, said the autopsy results could dictate whether additional charges may be filed.

Police say Campbell and another man met Gamache and two friends in the parking lot for a drug deal. Gamache was shot while sitting in a car.

During the dangerousness hearing, a judge will determine if Campbell poses a safety risk if he is released on bail. If Campbell is deemed dangerous, he can be jailed for up to three months without the right to bail.

Last month, Judge Bertha D. Josephson allowed a motion by prosecutor Jennifer Suhl to join the four cases instead of trying the four defendant separately.

NORTHAMPTON - The case involving four men who allegedly raped a University of Massachusetts student is heading for a March 16 trial, pending the resolutions of a few matters.

Adam T. Liccardi, Emmanuel Toffee Bile, Caleb Womack and Justin A. King, all of Pittsfield, are charged with raping the woman in Pierpont dormitory in October of 2012. Prosecutors say the four men, who were not UMass students, traveled to the school against the victim's wishes, drank with her in her room and took turns raping her as she phased in and out of consciousness. The defendants maintain the sex was consensual.

Last month, Judge Bertha D. Josephson allowed a motion by prosecutor Jennifer Suhl to join the four cases instead of trying the four defendant separately. The judge redacted the transcripts of police interviews with each defendant so one would not incriminate the others. Suhl said Friday in Hampshire Superior Court that she has reviewed the redactions and would still prefer a single trial.

Because the case involves five attorneys, scheduling has been tricky. Suhl and defense lawyers David Pixley, Alfred Chamberland, Jonah Holdsmith and Terrence Dunphy have agreed on the March 16 date, however Suhl told Josephson that one of her witnesses, a UMass student, will be in Africa at the time of the trial. The woman, Suhl said, is the student who allowed the defendants into the dormitory, despite the rule against this. She asked if the lawyers can depose the witness prior to the trial.

Pixley, who represents Bile, objected to this, saying it could present unforeseen problems at the trial. Josephson set a hearing on Dec. 19 to argue Suhl's motion. The judge also scheduled the final pretrial conference for Feb. 12 of next year.

The logistics of selecting a jury are complicated because each defense lawyer gets 16 peremptory challenges with which to reject a potential juror without explanation. Suhl gets a number of challenges equal to the defense, meaning 128 potential jurors can be rejected. The court therefore has to put together a larger than normal jury pool, and must send the notices out at least 90 days in advance.

This story will be updated. SPRINGFIELD - A judge ruled Friday that a Western New England University football player accused of fracturing his girlfriend's skull can be released on bail. The ruling by District Court Judge Patricia Poehler means John Perry, 21, of Marblehead, can be released Friday after six nights in jail. Under the terms of his release, Perry...

This story will be updated.

SPRINGFIELD - A judge ruled Friday that a Western New England University football player accused of fracturing his girlfriend's skull can be released on bail.

The ruling by District Court Judge Patricia Poehler means John Perry, 21, of Marblehead, can be released Friday after six nights in jail.

Under the terms of his release, Perry – who has been suspended from the university – must live with his mother in Marblehead, have no contact with the girlfriend, avoid alcohol and be subject to electronic monitoring and random alcohol testing.

The judge also barred Perry's friends from contacting the woman on his behalf. "No texts, no Facebook, no Twitter, nothing," Poehler said.

The ruling concluded a two-day bail hearing requested Monday by prosecutors after Perry pleaded innocent to aggravated assault in Springfield District Court.

During the bail hearing, Assistant District Attorney Melissa Doran presented evidence that the woman suffered a fractured skull, facial injuries and bleeding on her brain after being assaulted following a party at Perry's off-campus house on Denver Street.

The victim, who did not testify, told a paramedic, police officer and nurse that Perry was responsible for her injuries, according to testimony at Thursday's hearing. One witness, Springfield police Sgt. Erwin Greene, said the victim told him "don't be mean to him; he didn't mean it."

Taking the witness stand Friday, Springfield police detective Angel Reyes described his interview with the victim, who has had an on-and-off dating relationship with defendant since they were freshman.

Perry, a linebacker for the football team, has a temper was involved in two fights with male students; in one, he broke his hand punching another student, then told his parents the injury came from punching a wall, the detective said, summarizing the interview.

Perry was aware of his temper and repeatedly told the victim "you're lucky you haven't seen me snap," Reyes said, quoting from interview notes.

During freshman year, Perry pushed the victim into a laundry basket during an argument witnessed by other football players; two weeks ago, he became angry when she refused to have sex with him, detective said.

But defense lawyers Edward Principe and Vincent Bongiorni called witnesses who said Perry had gone out with two friends and returned to find his girlfriend, who had been drinking heavily, injured and bleeding in the basement.

One of Perry's roommates said they held a party Saturday night after the football game, with at least 45 students in the basement competing in "Keg Races," in which 15-member teams tried to drink the most beer in the shortest time.

By 10:30, the victim seemed very drunk and tired, and stayed behind when Perry and his two friends left the house and went to another party. The roommate said he carried the victim down the stairs, leaving her on a landing before going back upstairs to defuse a fight between another roommate and his girlfriend.

A friend of Perry's, John Clough, 21, of Marblehead, said the victim was prone to drinking too much and getting sick, leaving Perry sober her up and take her home.

During a party, the victim told him she had been "drinking since 10:30 in the morning," said Clough, who was visiting Perry for the weekend.

He also quoted a text message from the victim Sunday night, explaining that she "got hit in the head and have no memory" of how she was injured.

Bongiorni criticized the prosecution for relying on a written summary of the victim's interview Friday, instead of videotaping it or calling her to testify.

"Only two people know what happened...and the prosecution has chosen not to call one of them," he said.

The prosecution has the burden of proving that no bail conditions could protect the victim and the public if Perry were released before trial. Given the conflicting witness testimony and the victim's lack of memory, Perry should not be forced to spend the next four months in jail, Bongiorni said.

"His liberty is at stake," the defense lawyer said.

In her ruling, Poehler found the defendant did pose a danger, but said bail conditions she imposed would protect the public. She also warned Perry that he could face 30 months in jail for violating the terms.

It was unclear, however, if Perry would be released Friday. His lawyers said arranging electronic monitoring and alcohol testing could take until Monday or Tuesday, they said.

Poehler scheduled a pre-trial hearing for January 8.

Poehler scheduled a pre-trial hearing for Jan. 8.

Westfield State University and Springfield Technical Community College are taking advantage of a statewide program to streamline transfers and lower costs for students.

WESTFIELD - Westfield State University and Springfield Technical Community College are taking advantage of a statewide program to streamline transfers and lower costs for students.

The MassTransfer agreement between the two schools allows students who have completed associate degrees at STCC to transfer to WSU for their bachelor's degrees, paying a total of less than $30,000 for both degrees.

According to a Friday press release, the schools had a previous agreement for some teacher licenses, but the agreement signed Thursday expands to other bachelor's degree programs at WSU. STCC students earning liberal arts, general studies or other associate degrees can move into WSU programs like communication, criminal justice and economics, among others.

The UMass Amherst Center for Economic Development has delivered its final report to the town, detailing a plan for the site that was created with input from the public.

WEST SPRINGFIELD — A mostly vacant former mill site on Front St. could become a mixed-use residential and business complex, with recreational access to the riverfront and a beautified, more walkable footprint.

Consultants from the University of Massachusetts Amherst delivered their final report to the town, created with input from the public, detailing ideas for the site.

But Mayor Edward C. Sullivan would rather not incorporate housing into a redevelopment plan for the two buildings: 70 and 150 Front St.

A concern highlighted by the report is the aging population and their unique housing needs both immediately and in the future. More than 14 percent of the town's 28,411 residents are between the ages of 45 and 54, the highest percent in any age bracket.

"The age distribution amongst residents, although similar to surrounding communities, warrants attention," the report reads. "There is a disproportionate amount of residents nearing retirement age, who might eventually heighten the strain on senior services and increase the demand for alternatives to traditional homes in the region."

Sullivan said he wants to "shy away" from housing at the site because of public safety and quality of life concerns.

A CSX train track near the property could create danger and traffic tie-ups for anyone living in the 100,000 square feet of now-empty space. The other 20,000 square feet are occupied by Tara Plant Construction and the international headquarters of the materials manufacturer FiberMark.

"Residential is not a good idea for the 150 Front Street facility, insomuch as it would amplify the problem of the CSX trains blocking the public way to access this facility and the FiberMark building," said Sullivan. "I have discussed this with CSX and there does not seem to be a remedy for them that will work."

He wants to follow the suggestion of creating more open space and a river walk, including by working with the owner of the nearby hydroelectric power generator. Artists in town have said they would like to be incorporated into a redevelopment plan. All those ideas would make the space attractive to photographers and tourists, the report reads.

The opportunities, said Sullivan, are "really, really exciting" and the property is "beautiful."

Restaurants and a microbrewery are a good idea, he said, especially since they tend to attract other businesses.

"You want it to perpetuate itself," he said.

Providing high-speed internet to businesses is a problem that needs to be addressed, according to the report.

"Currently, high-speed internet is available along the north side of the railroad tracks along Front Street, but does not cross over the rail lines into the mill properties," the report reads. "The only available internet access to these properties is through Verizon, which offers inferior dial-up service, or through a costly satellite connection to downtown Springfield."

Sullivan said that will be solved by working with Comcast.

The report encourages the town to "actively pursue" grant money from the state and federal governments to revitalize the property and meet its long-term goals.

UMass CED Report on 150 Front St.

The dog's owner told police it had been shot and run over by a car.

Photo courtesy of Vermont State Police 

GRAFTON, Vermont - Police are investigating a report of animal cruelty after a family dog was found shot and then run over by a car outside its home, police said.

The dog, a 13-month old German Shepard-Rottweiler mix named Jane, suffered an injury to a rear leg Thursday afternoon, and was rushed to a veterinary hospital, said Vermont state trooper Kim McLeod.

Mcleod said the dog is expected to recover. The injuries are not considered life-threatening.

Police were called to a home on Eastman Road by homeowners who discovered their dog had been injured at the bottom of the driveway. They took the dog to Springfield Animal Hospital in Springfield, Vermont, and were told by veterinarians that the dog had been both shot and run over by a vehicle.

The owner did not believe that Jane could have been accidentally mistaken for a deer by a hunter because the dog is mostly black.

Police ask that anyone with information contact the Vermont State Police at the Rockingham barracks, (802)875-2112, or leave information on the anonymous tip line at VSP.Vermont.Gov

As debate rages around the country about the implications of Obama's policy, for many immigrants the burning question is how it will affect their lives.

BOSTON - Samantha Almeida, 31, goes to work every day in fear that her employer will discover that she is an undocumented immigrant and fire her. She drives without a license, so her mother requires her to call every time she leaves or arrives at a destination.

President Barack Obama's new policy on immigration will not help Almeida. She arrived in the United States from Brazil six months after turning 16, the cutoff age to qualify for Deferred Action for Childhood Arrivals, an Obama policy that temporarily protected from deportation some illegal immigrants who came as children. Obama's latest policy, which he released in a speech Thursday, will not change the age cutoff.

"It did nothing. President Obama broke my heart again," Almeida said.

As debate rages around the country about the implications of Obama's policy, for many immigrants the burning question is how it will affect their lives. Obama's plan includes tightening border security; expanding the number of visas for high-skilled workers; and, most controversially, granting temporary relief from deportation for parents of U.S. citizens or lawful permanent residents who have lived in the U.S. for at least five years who pass a background check and pay fees. Republicans say Obama, a Democrat, overstepped his legal authority. They criticize the policy for being unfair to legal immigrants and encouraging future illegal immigration.

Almeida, like many illegal immigrants, is in a family with mixed immigration statuses. Her younger brother received Deferred Action for Childhood Arrivals  status and was able to attend college and get a driver's license. Almeida told The Republican/MassLive.com that she works at a conference center and pays taxes with a tax ID number. She graduated high school but has not been able to attend college. "I pay taxes, they take money every week, but I'm not good enough to affect my status," Almeida said.

Talita Camilo, a U.S. citizen who immigrated from Brazil in 1997, watched Obama's speech with her husband, who came from Brazil in 2004 and is undocumented. Their two children are U.S. citizens, born in America. Now, Camilo's husband will be able to apply for temporary status.

"It was a big relief," Camilo said.

Camilo works helping immigrants with translation and taxes. Her husband works in construction and drives without a license. "It's hard with kids, with a family, you never know what will happen," Camilo said.

Adriana Torres, 42, a Boston resident from Colombia, came in 1999 and stayed after her visa expired. "I'd like to work, have a license, buy a house. We cannot do it," Torres said. Torres is supported by her parents, who are legally allowed to work. Her 12-year-old daughter is a citizen. Torres said she came to the U.S. "for a better life." She is still trying to find out if she qualifies for temporary status.

Almeida, Camilo and Torres were among a group of immigrants and advocates who attended a rally at the office of the union 32BJ SEIU in Boston on Friday thanking Obama for the reforms.

Also there was Doris Cristobal, 54, who immigrated from Peru 13 years ago and became a U.S. citizen. She has a relative living in another state who is here illegally. "We were talking last night, he was very happy," Cristobal said. "He will no more be afraid." Asked why illegal immigrants deserve benefits, Christobal pointed to the Pilgrims. "We are all immigrants in the country," she said. "We deserve opportunities to live in peace with our families."

Carlos Rojas-Alvarez, 21, is the campaign coordinator for the Student Immigrant Movement, which fights for rights for illegal immigrants.

Alvarez, a Colombian immigrant who came at age 5, qualified for protected status under the Deferred Action for Childhood Arrivals. His 14-year-old brother is a citizen; his mother is undocumented. His mother will get protection from deportation under Obama's new policy. Rojas-Alvarez said his mother worked multiple jobs when he was a child, and he used to wait up until midnight for her to come home from work because he feared she would be deported.

"My mother has lived in this country as an undocumented immigrant for 16 years. Last night her life was changed," Rojas-Alvarez said at the rally.

However, Rojas-Alvarez said he is unhappy about the number of illegal immigrants who will not benefit – he believes Obama could have done more.

Asked afterwards why he thinks illegal immigrants should receive legal status, Rojas-Alvarez said his mother brought him to the U.S. searching for a better life – to avoid a situation in Colombia where he could have been killed in violence at any moment and where the family had little hope of escaping poverty. "It's the story of immigrants coming to this country from its founding," Rojas-Alvarez said.

The Secretary of Health and Human Services oversees 15 agencies and a $19 billion budget.

BOSTON - Governor-elect Charlie Baker on Friday named former Commissioner of Mental Health Marylou Sudders as his Secretary of Health and Human Services.

Sudders will hold one of the most important offices in state government. Health and Human Services is the state's biggest area of responsibility, with the secretary overseeing 15 agencies and a $19 billion budget.

Sudders most recently taught at Boston College's graduate school of social work. She is also a member of the state's Health Policy Commission. She was commissioner of mental health under Republican Govs. William Weld, Paul Cellucci and Jane Swift from 1996 to 2003. She has also served as New Hampshire's acting director of the Division of Mental Health and Developmental Services.

Since 2012, she has been the independent reviewer for a U.S. Department of Justice settlement agreement to improve services for adults with serious mental illness and substance abuse conditions. She spent nine years as president and CEO of the Massachusetts Society for the Prevention to Cruelty to Children, and has served on the board of numerous organizations dealing with mental health policy, children's issues and social services, according to a biography provided by the Baker campaign.

Sudders said in a statement, "Having dedicated my professional life to social work, mental health and caring for the most vulnerable members of our society, I am humbled and inspired to take on this role."

Baker said he has known Sudders for more than 20 years. "She will bring leadership, passion, first-hand operational knowledge, broad experience, and a collaborative spirit to this most challenging task," Baker said. Baker served as Secretary of Health and Human Services himself in the 1990s.

As secretary, Sudders will have to deal with implementing the Affordable Care Act on a state level and overseeing the state's new Health Connector website. She will implement new state legislation regarding substance abuse treatment and will oversee the opening of medical marijuana dispensaries around the state. She will be in charge of continuing to reform the troubled Department of Children and Families.

Attorney General Martha Coakley, a Democrat, narrowly lost the governor's race to Baker and made mental health issues an important part of her campaign. "I have the utmost respect for Marylou Sudders, particularly her work to protect children and improve mental health care for all," Coakley said in a statement. "I commend Governor-elect Baker for appointing Marylou Secretary of Health and Human Services, and wish her all the best as she undertakes this crucial work."

The Massachusetts Human Service Workers Union SEIU Local 509 also released a statement commending Baker's choice, calling Sudders "a mental health expert with whom we have a long history of collaboration."

The date for the perjury trial of Nathan Perez and Giselle Albelo – charged for their actions in the Charles Wilhite murder case – was postponed from Friday to Feb. 6.

SPRINGFIELD — The perjury trial of Nathan Perez and Giselle Albelo, charged for their actions in the Charles Wilhite murder case, was postponed on Friday.

Elizabeth Rodriguez-Ross, lawyer for Perez, 23, said Friday she found out recently she is missing a portion of the transcripts from Wilhite's retrial – in which he was acquitted of the 2008 fatal shooting of Alberto Rodriguez outside the Pine Street Market.

She asked for trial date to be moved to Feb. 6 in order to get the transcripts, and Judge Tina S. Page allowed the change.

In December 2010, Wilhite was convicted of first-degree murder, along with co-defendant Angel Herndandez. Wilhite was granted a new trial, and at that trial was acquitted of murder.

Perez has been held in lieu of $5,000 bail since early this year. Prior to a bail reduction, it was set at $25,000.

Albelo had been released on $10,000 personal surety.

The defense lawyers were not successful in their motion to have statements made by Perez and Albelo suppressed.

At an Oct. 28 hearing on the motion to suppress statements, Assistant District Attorney Eileen Sears, when asked what testimony the prosecution will argue is the untrue testimony, said the state doesn't have to prove which testimony was true, just that a person testified substantially different on different occasions.

After the hearing, Judge C. Jeffrey Kinder ruled Perez and Albelo gave testimony either at the grand jury or at one or both of Wilhite's trials of their own free will. They are accused of giving different testimony at different times.

"Here the totality of circumstances suggest that defendants' testimony, although reluctant, was the product of their own free will," Kinder wrote in the Oct. 29 decision (read the decision below).

"Perez and Albelo were 19 and 28 at the time of their testimony. There was no evidence that they were under the influence of drugs or alcohol, of suffered from any mental disability. Their answers were responsive to the questions posed," he wrote.

Albelo testified at the trial she was not at the market when the shooting occurred, which was contrary to her grand jury testimony.

Rodriguez-Ross had argued Perez was badgered by police into picking a photo of Charles Wilhite as the shooter. He is now charged with perjury because at Wilhite's second trial he said he could not identify Wilhite.

She said Perez believed if he didn't identify Wilhite as the shooter at Wilhite's first trial, he would be charged with accessory after the fact of murder for picking up shell casings.

Susan Hamilton, lawyer for the 30-year old Albelo, said her client did not want to testify at the grand jury or at Wilhite's trial but was subpoenaed to do so, and if she didn't appear she would have been picked up by police and brought to court.

Decision in Nathan Perez, Giselle Albelo case

Focus areas are Educational Access and Success, Economic Justice, and Safety and Freedom from Violence.

Women's Fund of Western Mass CEO Elizabeth Barajas-RomanSubmitted photo 

EASTHAMPTON -- The Women's Fund of Western Massachusetts has announced its next round of grant funding.

The foundation will award $240,000 over three years to deploy innovative programs that help "shift the landscape" for women and girls within the focus areas of educational access and success, economic justice, and safety and freedom from violence.

Grant applications will be available on the organization's website on Jan. 10, 2015 and will be due March 23.

Elizabeth Barajas-Roman, CEO of the Women's Fund, said the multi-year grants were made possible thanks to renewed and expanded investments from the community.

"Multi-year grants allow us to partner with organizations in a sustained way that helps make a significant impact in communities," she said.

Successful applications will demonstrate meaningful partnerships among two or more organizations, agencies, or projects.

"We know that effective solutions require creative collaboration," said Barajas- Roman.

The Women's Fund will invest an additional $20,000 into each grantee by allowing each project to choose two staff, constituents, or board members to attend the Women's Fund's Leadership Institute for Political and Public Impact (LIPPI).

LIPPI, a program of the Women's Fund, has equipped 200 women from Western Massachusetts to become civic leaders, to impact policy on the local, state, and national levels, and to seek and retain elected positions.

The mission of the Women's Fund is to invest in the lives of women and girls through strategic grant making and leadership development. Since 1997, the fund has awarded over $2 million to more than 150 nonprofit organizations. The goal is to build long-term, sustainable, change for women and girls.

The Women's Fund is headquartered at 116 Pleasant St. in Easthampton.