AMHERST — Criticisms and disparagement directed toward members of the Amherst-Pelham Education Association during a public meeting in mid-May is prompting an Open Meeting Law complaint from a representative of the Massachusetts Teachers Association.

In the complaint filed with the attorney general’s office June 14, Paul DeMarco, identified as a representative of the state union based at the Holyoke Regional Service Center, contends that violations occurred at a joint meeting of the Amherst Regional School Committee and the Union 26 Committee on May 16, when comments were made about members of the union, including teachers, paraeducators and clerical staff.

“During that meeting (Union 26 Chairman Peter) Demling allowed the reputations and characters of multiple individual members, and elected officers of the APEA, to (be) disparaged, and complaints lodged against them without any prior notice provided to them and without any of the rights that should have been afforded them” DeMarco wrote in his complaint.

He cited provisions of state law that require an executive session to be held if such comments are to be made.

A joint statement from Demling and Ben Herrington, the chairman of the regional committee who co-chaired the meeting, cites legal advice from Marc Terry, a lawyer with Mirick O’Connell Attorneys at Law, which represents the district. Terry informed them that an executive session was not required.

“This complaint has no basis as there was no violation of OML at this meeting,” Demling and Herrington wrote.

The meeting was the first of two that week to get insights and accounts of allegations of transphobia by middle school counselors after an article was published in The Graphic, the high school newspaper, and to proceed on hiring a temporary superintendent, a few days after Superintendent Michael Morris informed the committees that he would be taking a medical leave.

The Graphic article detailed conduct by middle school counselors in which they allgedly intentionally misgendered students, didn’t stop bullying against LGBTQ students and brought prayer into the schools. A Title IX investigation into the allegations is underway and, following the appointment of Douglas Slaughter as temporary superintendent, Assistant Superintendent for Diversity, Equity and Human Resources Doreen Cunningham was placed on leave.

The teachers union has called for Cunningham’s resignation, in part due to her leading the process that hired the middle school counselors, and an investigation into Morris.

DeMarco’s complaint elaborates on the various times union members were criticized, including both general comments that members had been engaged in “nasty work,” were “corrupt” and spreading “blatant misinformation.” The complaint says the middle school counselors were identified by name and their alleged actions were discussed.

But Terry, as the district’s attorney, also told the School Committee that during public comment, only obscenities and threats of violence are prohibited.

“They were not a point of deliberation by the Committees, which means there was no obligation, for example, to put a topic on the agenda to discuss the reputation/character of any particular individual – even if the chair reasonably anticipated such comments 48 hours in advance.”

DeMarco asks for an apology and other ways for APEA members to be made whole for the harm they suffered.

“Peter Demling owes an apology to the APEA and its members, as well as the community as a whole, for allowing multiple and repeated Open Meeting law violations to occur unchecked.”

Scott Merzbach can be reached at smerzbach@gazettenet.com.]]>