HOLYOKE — On Feb. 17, the Holyoke City Council voted against a proposal that would allow councilors to be removed from any leadership position on the City Council if they are charged with a crime.
This proposal arose amid an ongoing ase stemming from an OUI allegation against current City Councilor Israel Rivera.
Rivera has resigned from his own leadership positions, vice president of the City Council and chair of the Development and Government Relations Committee, since his arrest.
The order, proposed by Councilor Linda Vacon, failed in a 9-4 vote. After the vote, councilors discussed why they opposed the measure. City Council President Tessa Murphy-Romboletti allowed the discussion but limited it to five minutes.
Newly appointed Vice President Meg Magrath-Smith was the first of several members to raise concerns about the ethics and due process implications of Vacon’s proposal.
“It is important in our country where we believe innocence before being proven guilty,” Magrath-Smith said. “But it’s not possible, nor is it advisable for us to take actions ourselves when someone is charged with a crime because the process is still ongoing.”
Councilor Anne Thalheimer pointed out the proposal’s broad terminology. While she did not oppose the general idea, she stressed that any steps should be precise and involve the city’s legal department. She voted against the measure, saying the language was “too vague to move on in the present.”
Vacon responded, clarifying that her proposal was not intended to remove council members entirely, but only from leadership positions.
“During the discussion, I thought I heard that we should be taking steps so that we would be consistent should things like this arise … I’m not understanding what the objection of the body is to have a discussion on setting a standard.”
Other councilors echoed concerns about timing and due process. Councilor Mimi Panitch said, “I am troubled by bringing something like this forward now where we have an actual situation in front of us that has not been resolved … it would essentially be removing the choice of the voters from discussions that must have been in people’s mind when they voted for them.” She added, “I think at minimum we should want to take up something like this, but we should probably do it after any current difficulties have been resolved.”
Councilor Richard Purcell emphasized the role of due process and the potential for individuals to rectify past mistakes, stating, “I believe in due process. I believe in human redemption. All of us make mistakes in life, and we have to have the ability to redeem ourselves.”
Rivera did not comment during the discussion.
