Pittsfield Camping Ordinance Sparks OML ComplaintBy Brittany Polito, iBerkshires Staff
12:10PM / Tuesday, August 12, 2025 | |
PITTSFIELD, Mass.— Several City Councilors are alleged to have violated the Open Meeting Law by speaking about the controversial camping ban proposal during a community event.
Tuesday's City Council meeting includes the review of two OML complaints filed by a former councilor and a podcaster. Karen Kalinowsky and Michael Daly allege that six councilors discussed the proposed "Camping on Public Property" ordinance during a "Homes not Handcuffs" meeting on July 31.
The Open Meeting Law prohibits serial communication between members of a public body that reaches a quorum of members outside of a meeting that has been noticed. Kalinowsky was at the meeting and said the discussion happened at another table, and it appears Daly was not present.
Council President Peter White, Councilor at Large Alisa Costa, Ward 1 Councilor Kenny Warren, Ward 2 Councilor Brittany Noto, Ward 6 Councilor Dina Lampiasi, and Ward 7 Councilor Rhonda Serre were named in the complaints.
"I saw the six active councilors at the meeting," Kalinowsky wrote. "At one table the conversation came up about the ordinance, though no councilors were at this table when I was."
Both indicated that they believed the alleged violation was an accident, and asked that councilors admit the mistake and review OML guidelines.
In her complaint, Kalinowsky said the meeting was about "solutions to get the homeless off the streets" and "I was told that solutions would be given."
The Homes not Handcuffs Coalition includes Cathedral Pittsfield, Berkshire Interfaith Organizing, Roots & Dreams and Mustard Seeds Inc., Berkshire Stone Wall Community Action, and the Wildflower Alliance.
A few days before, the Ordinances and Rules subcommittee referred an amended version of the camping ordinance to the full council with removed criminalization language, a new fine structure, and some exceptions for people sleeping in cars or escaping danger.
That proposal is also on the agenda for Tuesday.
Daly wrote that six sitting councilors and three O&R subcommittee members were at the "private citizen group meeting" of a group established to oppose the public camping pan ordinance.
"The meeting was located in the basement of Saint Stephen's Church in Pittsfield on Thursday, July 31, 2025 from 6pm - 8:30pm. Where a [discussion] took place about homelessness, the [criminalization] of homelessness, and other issues that the city council has been discussing during recent meetings, Public showers, bathrooms, housing etc … ," he wrote.
"Having six city councilors, 3 of which are also on the O&R [committee,] in attendance, discussing one of the most controversial votes in recent history seems to be a clear violation of the Open Meeting Laws."
Both attached copies of a Facebook comment that appeared to be on a post from The Berkshire Eagle, where Serre wrote, "There was a very good meeting between both sides last night. There is hope for a solution."
In a reply to the post, Daly said he is glad they had a meeting and brought up concerns about the OML. According to the provided screenshots, Serre then explained it was a community-sponsored event that was open to the public and included people on both sides of the issue, "So yes, it was done right and it was productive."
Warren petitioned for eight further amendments to the proposed public camping ban, explaining in meeting materials, "This is my creative attempt to avoid any open meeting law violations but still allow city councilors to have some time to consider potential amendment motions I may make."
About 10 petitions relating to homelessness or the proposed ordinance were referred under Rule 27, including a request from Warren to use the city's opioid settlement funds exclusively for the homeless issues related to opioid addiction, and a request from Lampiasi and Councilor Patrick Kavey for the administration to provide quarterly reports detailing enforcement actions taken under the city's anti-camping ordinance.
Lampiasi and Kavey also asked for a written opinion from the Massachusetts Attorney General's Office regarding the legal standing and enforceability of the proposed ordinance related to camping in public spaces.
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