Worcester cable TV board leaders resign in protest of Batista's Spectrum negotiations

WORCESTER ― Several members of the city’s Cable TV Advisory Committee have resigned to protest City Manager Eric D. Batista’s decision to negotiate a new franchise license agreement with cable provider Spectrum.

Meanwhile, a potential lawsuit is in the works, said John Keough, the advisory committee’s former chairman, who resigned over the weekend.

Vice Chairman Stephen Quist and committee member Phillip Lwasa also resigned over the weekend. It was unclear as of Monday afternoon if remaining members Sergio Bacelis and William Nay intended to remain on the committee.

Keough indicated the volunteer body is defunct because it needs three members to appoint new ones and four members are required for a quorum. All members are appointed by the city manager and Keough said Batista could appoint replacements to revive the committee.

In March, the advisory committee voted unanimously not to renew the city's contract with Spectrum, citing the company’s failure to meet numerous conditions in the expiring 10-year deal.

Free speech called into question

Meanwhile, Keough and Quist said the city is denying their free speech rights by excluding a petition they filed to appear on Tuesday night’s City Council agenda. They filed the petition last week, before Keough and Quist resigned. It called on the council to recommend Batista review the advisory committee's position on nonrenewal of the Spectrum contract.

Keough said he found out Friday of the city's decision to exclude the petition. City Clerk Niko Vangjeli further clarified the city's position in a Monday email to Keough.

The decision came after consultation with City Solicitor Michael Traynor, said Vangjeli’s email. Vangjeli cited a City Council rule that gives the city clerk, with assistance from the city solicitor, the authority to determine when an item is inappropriate for inclusion on the council’s agenda.

The decision appears to be based on Traynor’s interpretation of a U.S. Supreme Court case, according to Vangjeli’s email.

Traynor zeroed in on a section of the court’s ruling in Garcetti v. Ceballos. The city solicitor, according to Vangjeli’s email, believes the ruling means an advisory committee appointed by a city manager can’t petition the City Council over a decision made by the city manager that is contrary to the advisory committee’s position.

Traynor’s interpretation of the ruling's language equates advisory committee members with public employees and excludes their statements from citizens' First Amendment rights to free speech.

The passage states: “[w]hen public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communication from employer discipline.”

Keough said he and Quist filed the petition as public citizens, not as members of the advisory committee. As a result, their petition should be on the agenda.

“It’s 100% unconstitutional what they’re doing. We are volunteers (on the advisory committee), not city employees,” said Keough.

An item on the Tuesday night agenda listed an expected report by Traynor on the process and governing law for renewal of the cable license.

The city charter allows any member of the public to comment on a matter under consideration by the City Council. Since Traynor’s report falls under that section of the charter, Keough and Quist said they plan to attend the meeting and make their positions heard.

Batista: Looks forward to 'productive' discussion

Batista’s office declined a request to interview the city manager on the latest developments. In a prepared statement, Batista said he looks forward to a “productive” discussion during Tuesday night's meeting.

“I value the hard work of the Cable Television Advisory Committee and appreciate its findings and recommendations as part of the municipality’s ascertainment period amid the cable license renewal process. This information and feedback are critical for informed negotiations,” said Batista’s statement.

It continued: “There is a report from the City Solicitor regarding the timeline and process of the cable television contract and I look forward to a productive discussion on the council floor.”

Potential lawsuit?

As for a potential lawsuit, Keough claimed possible collusion by the city’s manager’s office, Traynor and Vangjeli to deny free speech and force renewal of a contract with Spectrum that doesn’t benefit city residents.

An attorney is considering filing a class action case against the city on behalf of Spectrum subscribers in Worcester, said Keough. He declined to name the lawyer and said volunteers are gathering signatures from subscribers to determine their interest in a lawsuit. The lawyer wants to see a healthy number of signatures before potentially filing a case at no charge, said Keough.

In addition, Keough said he and Quist are exploring possible legal options in light of their position that their free speech rights were denied by the city.

Keough also noted the city's negotiating committee that is tasked with hammering out a new contract with Spectrum was having meetings without his required participation.

The city's Cable TV Advisory Committee voted that its sitting chairman has a spot on the negotiating committee, according to Keough. However, Keough said a "sitting public official" told him the negotiating committee was having meetings without his knowledge.

That development, along with the petition denial, spurred on the advisory committee resignations, said Keough.

Members of the negotiating committee, said Keough, include Judith Warren, the city’s director of cable services; Traynor; Sue Buske, president of The Buske Group, a consultant hired by the advisory committee to review Worcester’s cable contract with Spectrum; and lawyer Gerard Lederer, a specialist in telecommunications and cable law, also hired by the advisory committee, at taxpayer expense, to review the contract.

Contact Henry Schwan at henry.schwan@telegram.com. Follow him on X: @henrytelegram.

This article originally appeared on Telegram & Gazette: Worcester cable TV board leaders resign in protest of Spectrum talks