A reporter for The Republican was not allowed into a meeting of the Latino Advisory Commission Tuesday night that was open to other members of the public.
By Elizabeth Roman and Shira Schoenberg
Local leaders and First Amendment advocates took aim Wednesday at a decision to bar reporters from a listening session of Gov. Charlie Baker's Latino Advisory Commission that was open to other members of the public.
"This is an outrage that needs a real explanation from Gov. Charlie Baker as to how the press can be barred from a public meeting that was promoted in a press release. Freedom of the press is at stake here and we will not let this behavior go unchallenged," said Wayne Phaneuf, executive editor of The Republican.
Baker formed the Latino Advisory Commission in July to address the concerns of the state's Latino community and promote their economic well-being. The commission is holding listening session around the state. The first was in Springfield on Jan. 25 and the second was Tuesday in Holyoke.
But when a reporter from The Republican tried to walk into the Holyoke listening session, she was greeted with a sign: "To promote authentic sharing all of the Governor's Latino Advisory Commission statewide listening sessions are CLOSED TO THE PRESS."
The governor's office is basing its press ban on an exemption to the state's open meeting law. The law includes an exemption for commissions created by a constitutional officer solely to advise the officer. In this case, the Latino Advisory Commission was created by the governor solely to advise the governor on Latino issues.
According to the governor's office, the meeting was supposed to be by invitation only.
Attorney General Maura Healey's office, which enforces the open meeting law, said the Latino Advisory Commission is not subject to the law. While Healey said she could not speak to this particular meeting, she said: "As a general matter, it's very important we have transparency and openness and certainly that the press be able to cover public meetings."
Both the Springfield and Holyoke events were included in press releases listing that week's public events for the Department of Housing and Economic Development. Ahead of the Springfield event, the city sent its own press release, touting Mayor Domenic J. Sarno delivering opening remarks.
Samantha Kaufman, a spokeswoman for the Department of Housing and Economic Development, said the press releases from her agency were a "mix-up." Kaufman said the meetings should not have been included in the public list since they were always intended to be closed.
But Peter Caruso, an attorney who specializes in media law and a board member of the New England First Amendment Coalition, said a meeting cannot distinguish between the press and the public. If members of the public are allowed to attend, members of the press must be allowed to attend, too, Caruso said, adding: "If the public is allowed into an open meeting, the press is the public."
Caruso said barring the press from a meeting that is open to the public "is antithetical to the open meeting law in Massachusetts."
"The whole spirit of the open meeting law is to avoid secrecy surrounding decisions and public policy debate," Caruso said.
Justin Silverman, executive director of the New England First Amendment Coalition, said the press should not have been excluded.
"This was a public meeting on public property about an issue of public interest," Silverman said. "Journalists should have been allowed to cover the discussion and share with others what this commission is doing on behalf of Latino communities. Instead, we lost an opportunity to better understand how this commission works and to hear the ideas, suggestions and concerns shared by fellow residents."
Caruso, meanwhile, also said there is a difference between a meeting with invited guests and one that is open to the public.
Springfield Ward 1 City Councilor Adam Gomez attended the first listening session held in Springfield last week and said he saw a "closed to the press" sign at that meeting. He thought the meeting was only for invited guests.
"It was my understanding that the Springfield meeting was with the commission and invited guests, not the general public," Gomez said. "There were political leaders, community activists, representatives of social service agencies and non-profit organizations present."
Gomez said he understands why the state would keep the meeting private.
"Quite frankly I think the decision was made so that people in the room would feel comfortable speaking freely without being documented," he said. "I think people were able to share without feeling like there would be backlash if they were open and honest about certain issues."
But Springfield Mayor Domenic Sarno said he thought the meeting was open. "It was my understanding that the Springfield meeting was open to the public, we were not told anything to the contrary," he said.
"The press has played an important role in providing information to the general public and has been especially helpful as we work with Puerto Rican evacuees families," Sarno said. "I find people in general are very comfortable expressing themselves at meetings whether the press is present or not."
The Holyoke meeting was advertised on the city's website, and was held in a public building, at the Holyoke Community Charter School.
State Rep. Jose Tosado, D-Springfield, said the advisory commission is a positive thing for the state and should be shared with as many people as possible.
"I think the advisory commission is a great thing for the state. To have a statewide group of Latinos go out into the community and take firsthand testimony of the issues that affect us as a community, that's a good thing," he said. "The outcome of that will be that the issues we were facing for decades are the same issues we are facing today to varying degrees. We will have to see how the commission moves forward with the information they receive."
Tosado said he does not understand the state's decision to bar the press, even if they have the legal right to do so.
"I think it was a missed opportunity for this commission to reach a much larger audience and to actually have transparency in the process," he said. "Frankly, I don't understand why they would bar the media from this, it's actually a good thing. Maybe some people would be critical of the state, but that's something that should be embraced and addressed, not hidden away."
State Rep. Carlos Gonzalez, D-Springfield, said the commission's objective is to reach as many community members as possible.
"The press is a very important and simple way to extend the message to a larger audience," he said. "The problem with the government is that often times they don't listen to the residents. I commend Governor Baker for his initiative in starting this commission, but it makes no sense to me that the press, which are representatives of the public, were excluded."
Gonzalez said if the state made a conscious decision to exclude the press, and if it is within their right based on the open meeting law, then they should have made that clear before the listening sessions began.
"They should have been prepared for this and briefed the press as to why they made the decision," he said.
Springfield City Council President Orlando Ramos said allowing the press to participate would make it possible for more people to know what the commission is working on.
"Not everyone has the ability to attend the meetings in person. The media plays an essential role in the commission's overall goal of reaching out to the Latino community," he said.