Lawrence City Council President Frank Kivell is out of control. Way out of control. At a time when Lawrence is desperate for leadership one might think the Council president would step up to the plate and take a leadership role. One would be wrong though, because Kivell has exhibited no leadership and hasn’t taken the lead on any issues since becoming president. On the tax bills being three months late, Kivell was silent and never asked one question. On the 4 million dollar debt Dowling has run up, Kivell never said a word.0

Carl Prussing, Mae Gaskins, Dick Gosselin’s retirement, the illegal contracts Dowling signed, the water department conviction, the police department contract, the millions of dollars in unneeded consultants, even simple budget issues are all ignored by the very person who is supposed to take a leadership role on the Council.

Something else Kivell frequently ignores is the free speech clause in the U. S. Constitution. Kivell refuses to allow the public to speak freely at council meetings. Instead, he prefers to interrupt and intimidate people by engaging in verbal battles when someone dares to say something he doesn’t agree with. He has no respect for other councilors when they try to speak either, using arbitrary standards to allow his friends to speak (like Marie Gosselin) while ruling others out of order, not recognizing them, or verbally abusing them for trying to discuss public issues. He is disoriented and confused about the rules of council procedure and decorum. He is constantly trying to silence questions by the newer members who seem more knowledgeable about the charter than he does. He consistently (and illegally) censors public discussion during public hearings and engages in shouting matches with voters who are merely trying to exercise their right of free speech and free expression.

Frank Kivell simply doesn’t understand the basic function of municipal government, the charter, or the Constitution of the United States. But much worse than this, the eight other councilors who take his abuse and witness him abusing the public are just as much to blame as he is. They are supposed to be leaders too. They can challenge him, they can insist he pass the gavel, they can even elect a new council president if they really believe that he is hampering progress and free flow of debate.

When Rick Dizazzo was ruled out of order by Kivell last week, he was trying to add a historical perspective to the charter discussion. Not one councilor objected to Kivell badgering Dizazzo while he tried to talk. Dizazzo tried to read the old charter rule on city employees serving on the school committee, but Kivell continually interrupted him and questioned the relevance of his presentation. Who the hell is Frank Kivell to question anything the public wants to bring to light during a public discussion?

“I wanted them (the council) to understand what the old law said and use that as a frame of reference when debating this current issue.” Dizazzo said after the meeting. “ What’s wrong with that? Why is it out of order to give the public more information about their government and how we got to where we are? He (Kivell) a public official, he works for us. He is suppose to listen to what the public has to say.” Dizazzo said.

I’m a little confused here. Since when does the opinion of one elected official become the standard for free speech and public debate during a public meeting of a governmental body? I always thought that a person who dictates the content and topic of public discussion was called a dictator. I must be wrong, though, because Frank Kivell says that’s called “a democracy.” Apparently Kivell has a strange concept of the constitution and the democratic process, that is, until someone interrupts him while he is speaking. That’s when all hell breaks loose and Kivell jumps up from his chair crying “I have a right to speak! This is a free country!”

Kivell also interrupted public debate that evening when I mentioned the names of Carol Bannon and Martha Previtt during the same discussion about School Committee members who are also city employees. “We have a law suit going on and we were told by the lawyers not to mention the names of those involved,” he said, in a feeble attempt to stop me from speaking. Since Kivell is a public official involved in a pubic lawsuit, that means he and other city officials cannot discuss the aspects of the case, that’s true. But, that has no bearing on an individual’s right to publicly speak about the situation at a public meeting. If I didn’t hear his absurd comment myself I never would have believed it.

In short, City Council President Frank Kivell just doesn’t get it. The rules apply to everyone else but him. Don’t you dare blame him, though. The other councilors let him get away with it, and by refusing to stand up to his boorish behavior they are encouraging him to continue his heavy handed tactics of intimidating members of the public or anyone who
disagrees with him.

These other councilors give their tacit consent to Kivell’s outbursts by not objecting when his acts of censorship occur. I understand and agree with the need to have an orderly meeting. I understand and agree with preventing profanities at the microphone. I even agree that you can not have someone singing or dancing during a public hearing. What I do not understand is how eight other elected officials can sit on their hands and allow their leader to usurp the authority of the public to speak, bully Lawrence citizens, stifle free flow of debate, engage in shouting matches with the public, act inappropriately by not passing the gavel, and dictating the content of free speech at public participation. That’s the part that baffles me.