The Committee for Responsible Development

c/o Simon French

47 Glen Avenue
Newton, MA, 02459

February 18, 2020

VIA OVERNIGHT MAIL AND ELECTRONICALLY

Gregory Birne, Esq.

General Counsel
Office of Campaign and Political Finance
John W. McCormack Building
One Ashburton Place, Room 411
Boston, MA 02108

Re: City of Newton

Mayor Meeting in December, 2019 With Executive Office of Housing and
Economic Development

Dear Mr. Birne:

Initially, this being this Committee’s second complaint in forty-five days against the
Mayor of the City of Newton, and the third involving the City of Newton, all related to a Special
Election scheduled to occur in just two weeks, on March 3, 2020, concerning a ballot question
(hereinafter the “Northland Referendum”), it could not be clearer that the immediate attention of
the Office of Campaign and Political Finance (the “OCPF”) to all three complaints is required.

This Committee hereby files the instant complaint claiming that the Mayor used public
resources in violation of MGL c. 55 by acting in concert with Northland Development LLC to
solicit assistance from the Massachusetts Office of Housing and Economic Development
(“EOHED”) in opposing the Northland Referendum which will ask Newton voters whether to
repeal a zoning amendment approved by the Newton City Council; the zoning amendment
allows Northland Development to develop a 22 acre site in Newton

Specifically, in December, 2019, the Mayor, along with Northland Development LLC’s
Vice President for Development Peter Standish1, met with the EOHED to seek assistance in
opposing the Referendum. In an email dated December 19, 2019 to the EOHED, on which Peter
Standish was copied, the Mayor stated:

Thank you for making time to meet with us on short notice. We are convinced that
the Northland project embodies all that we are trying to accomplish both here in
Newton and the Commonwealth….given the likelihood of a citywide

1
See https://northland.com/about/leadership/# (as of 02/17/2020)
Gregory Birne, Esq.
February 18, 2020
Page 2 of 3

referendum in March, a signal from the Commonwealth that they also see the
tremendous value in this project could be extremely helpful. Moreover, the
prospect of securing some early action on two adjacent previously identified
infrastructure projects, Pettee Square Improvements and the Upper Falls
Greenway Extension, would be a powerful message that projects like this can
improve the quality of life for neighbors.

As discussed, even an announcement that Massworks design funding would be

made available immediately contingent upon the project moving forward, with
construction funding to be determined, could make a difference.

I will have Barney Heath, our Director of Planning, follow up with your team on
how we can be helpful in providing you the information you need (emphasis
supplied).

A copy of that email, and an email dated December 12, 2019 which indicates that Mr. Standish
would be attending the meeting, are attached hereto as Exhibit A. These emails were only
provided to the Committee less than one week ago, on February 13, 2020, in response to a Public
Records request.

It is outrageous, in and of itself, that the Mayor of Newton would seek action by a state
agency for the sole purpose of influencing Newton voters on a local ballot question. But to have
done so, with the knowledge and participation of the particular private third party whose
business interest underlies that ballot question, constitutes a willful breach of the Mayor’s
responsibility to exercise her official duties fairly and in accord with all applicable law, and
borders on the pernicious.

As referenced hereinabove, previously, on January 2, 2020, this Committee filed a

complaint with the OCPF claiming the Mayor of the City of Newton had used public resources in
violation of MGL c. 55 by posting a Mayoral Update on the City’s website to influence voters
concerning the Northland Referendum. A copy of that Complaint is attached hereto as Exhibit
B.

As also referenced hereinabove, just last week, the Committee filed a complaint with the
OCPF claiming the City of Newton was using public resources in violation of MGL c. 53, §18B,
and MGL. c. 55, by using a Ballot Summary, which is to be distributed to Newton voters prior to
the Special Election, that unfairly opposes repeal of the subject zoning amendment. A copy of
that Complaint is attached hereto as Exhibit C.2

2
In this Complaint against the City of Newton dated February 13, 2020, the Committee also directed the
OCPF’s attention to other actions by the City Government and City Officials which improperly
evidenced their support for the Board Order which is the subject of the Referendum and at the heart of
this matter, and improperly attempted to thwart efforts at opposition
Gregory Birne, Esq.
February 18, 2020
Page 3 of 3

Should you have any questions or need additional information, please contact Alan L.
Kovacs, Esq., whose phone number and email address are (617)512-7392 and
alankovacs@yahoo.com. Other representatives of The Committee for Responsible Development
and I are also available to provide additional information regarding this matter.

Thank you.

Very truly yours,

Simon French
Treasurer

Encs.

cc. Ruthanne Fuller, Mayor, City of Newton (By Hand and Electronically)
Newton City Solicitor (By Hand and Electronically)
Martina Jackson, Co-Chair, Committee For Responsible Development
Tarik Lucas, Co-Chair, Committee For Responsible Development
Randall Block, President, RightSize Newton
Leon Schwartz, Esq., RightSize Newton
Alan L. Kovacs, Esq., RightSize Newton