This is FU

To: The City Council, the City Council Appointments Subcommittee, the Framingham Community Preservation Commission, the Framingham Agricultural Advisory Committee, and to the people of Framingham,

In this letter we will prove that
1) Doug Stephan has been made a member of the Agricultural Advisory Committee, via means in direct violation of the charter
2) Doug Stephan must not be “re-appointed” to the Agricultural Advisory Committee
3) Doug Stephan’s votes on the Agricultural Advisory Committee from March through present must be stricken from the record
4) Doug Stephan must be removed from the Community Preservation Commission due to a rule violation
5) Doug Stephan’s votes on the Community Preservation Commission from March through present must be stricken from the record
6) Charlie Sisitsky is fully to blame for failures of the Community Preservation Commission, due to his willful inaction to address concerns.
7) And that COO Michael Tusino could be complicit as Sistiky’s greaseman.

Why we are writing this letter now

On June 14, 2022, Charlie Sisitsky uploaded a list of persons he was nominating for re-appointment to boards and commissions, posted to the background material for the City Council Appointments Subcommittee. On that list was three names for the Agricultural Advisory Committee, two of them, former members who hadn’t attended a meeting, as a member, in years…. or so we thought.

The City Council Appointments Subcommittee meets in just a few days to approve Sisitsky’s nominations/re-appointments, and send the names to the full council an hour later for approval. If approved – this would be a disservice to the people of Framingham and to the members of the 2021 City Council who fought hard to get Order 2021-011 passed, after Mayor Spicer vetoed the order.

History of the Agricultural Advisory Committee Membership

The Agricultural Advisory Committee has existed since before Framingham was a city. As a town, Doug Stephan and Tom Hanson were founding members. The group was formed in 2009, and their inaugural meeting shown below, had 6 members in attendance.

The group met once in 2009, three times in 2010, two times in 2011, once in 2012, twice in 2013, once in both 2014 and 2015, three times in 2016, and once in both 2017 and 2018. In 2016 it appeared that the group was having issues with respect as described in the resignation letter submitted July 12, 2016.

Four years ago, Stephan and Hanson were re-appointed by Mayor Spicer in 2018 with terms that expired June of 2021.

After being re-appointed to the Committee by Spicer, records show that the group simply stopped meeting. The last meeting of the Agricultural Advisory Committee was on July 9, 2018.

In an effort to get this group meeting again, in February 2020, Spicer appointed David Garrity to the commission for a two year term ending in June 2022.

In August 2020, while Stephan, Hanson, and Garrity were still unexpired members Mayor Spicer appointed two new members to the Committee, in Natasha Rausch and Linda Kirchman.

In September 2020, Mayor Spicer appointed another member to the Committee in Aljani Stanley.

David Garrity was excited by the full membership roster and was working hard to facilitate the first Committee meeting in years, however he failed in his efforts to relaunch the group. In Garrity’s resignation letter dated July of 2021 he cites Stephan as the reason the Committee could not find a way to meet, despite his best efforts. Stephan was described as hostile.

These new members who began populating the committee roster in February 2020, did not attend any meetings in 2020. At the time of Garrity’s resignation in 2021, the Committee was unable to find a way to meet.

In June of 2021 the terms of all the original members of the Agricultural Advisory Committee members, including Thomas Hanson and Doug Stephan – had expired. At the time of Hanson & Stephan’s term expiry, the last time either of them had met as a member of the Committee was just shy of three years prior on July 9, 2018.

In October 2021, the Agricultural Advisory Committee was re-launched with the members who had been on the roster since 2020, absent from the membership list was Hanson and Stephan. This meeting of the Committee was the first in over three years. In these new meetings, Hanson and Stephan did occasionally attend the meetings as guests.

Our investigations into misogyny led to concerning findings

Earlier this spring, we had been investigating misogyny, sexism, and bullying on the Community Preservation Commission (CPC), and watched two female south side members resign due to the issues, and the administration turning a blind eye to it. Our investigation turned up some interesting things.

In early May, and in the days and weeks before the resignations, there were numerous letters sent to the Mayor’s office, warning of issues and warnings him of expected resignations, citing sexist harassment and bullying.

An email sent by now resigned CPC member Shannon Stevens was sent to the Mayor, the redacted cc line listed the other resigned CPC member Liz Kaperilian. Attached to the letter was a document, both are below.

The mayor and his staff chose not to respond to this this letter by Stevens. We are under the impression that there still has been no outreach whatsoever.

Instead of the mayor and his staff reaching out to the victims, he reached out to the men, he drove a wedge between the sexes. The meeting with the men was to try to devise a path forward. Letters to the Mayor from any of the three female members of the CPC failed to get any response from his office. But when a man, Doug Stephan made a single call to the Mayor, it led to a meeting between them as well as with City Council Chair Philip Ottaviani, and the sudden cancellation of the May 9th CPC meeting, scheduled just a few days later, with no justification given to it’s members.

Stephan and Mayor Sisitsky have been described as friends, in some circles as best friends, so it is not surprising that the Mayor overlooked the letters he received citing Stephan as part of the problem on the CPC.

Both Stevens and Kaprielian resigned a week apart. Both resignation letters either directly or indirectly cited interpersonal issues between members as the reason for their departure.

In our investigation, we also uncovered an email sent months before. Doug Stephan contacted Shane O’Brien on March 3, 2022. O’Brien, at that time was a city planner, he has since left his employment with the city. He was brought on for the October 2021 Relaunch as a liaison of sorts, to assist organization, help run the meetings, and be a link for the volunteer member to be better able to access city resources and network with department heads as needed. This email was sent from Stephan, to O’Brien, with a cc: to Mike Tusino, the City’s Chief Operating Officer, on Tusino’s personal gmail account. This email was essentially an official notice to O’brien, with the Mayor’s office supporting it’s sentiment, stating that going forward, both he and Hanson would be on the Agricultural Advisory Committee as full members.

Stephan now a full member of the Agricultural Advisory Committee

The letter shown above stated that Stephan and Hanson were to be full members of the Committee, and in the first committee meeting following that letter, they were.

In the next three highlight reel style shortened videos we will show how Stephan and to a lesser extent Hanson immediately started meeting as full members of the Agricultural Advisory Committee beginning with the March 21, 2022 meeting.

In the March 21, 2022 meeting we see the members introduce themselves, including Stephan, while Hanson was having technical difficulties connecting, he too was present. In a membership discussion the chair acknowledges that “Tom and Doug are back, welcome, we’re happy to have you”, which leads in to Doug Stephan explaining that according to the mayor he and Hanson should never have left after their term expiry in June 2021… but as we know, their lack of presence preceded their terms ending by far. Stephan was prompted to give an update of the activities of the Community Preservation Commission on which he also sits as a member. The one vote in that meeting, was an adjournment, in which Stephan and Hanson had a vote.

In the April 4, 2022 meeting we see Stephan giving an update to the current status of the Community Preservation Commission as “developing discord…internal things we have to straighten out”, and discusses the activities in detail. Stephan discusses how he would like to see the Community Preservation Commission’s actions increase and improve agriculture in the city. Votes taken were to approve meeting minutes, where Mahoney and Hanson both voted to approve. In discussing the best date for meetings going forward, Monday was discussed, and it was talked about that there could be an issue with conflicts for Stephan between the Agricultural Advisory Committee and the Community Preservation Commission meetings, historically meeting on Mondays. A vote of adjournment included votes from Hanson and Stephan.

In the May 2, 2022 meeting we see that there is a conflict for Doug Stephan, where he is actively sitting in the Agrcultural Advisory Committee and the Community Preservation Commission concurrently, as members in both. The chair is distracted by the noise on Stephan’s microphone as both meetings can be heard when he talks. A discussion on in-person meetings comes up, and he compares his desire to go in-person, to his attempts to get the Community Preservation Commission to go in person as well. With nearly 12 minutes to go in the meeting, Stephan asks if everything is done, and if he can be excused from the Committee meeting to jump into the Community Preservation Commission meeting, the meeting that led to the eventual resignation of two members. In the ending minutes it is discussed that the Mayor should be invited to the next meeting, and it is suggested that Stephan is close to the mayor, “I’ll put a bug in his ear as well”. Even before the motion is made to adjourn, Stephan exclaims “Ok I got to scoot”, a motion is made to adjourn, and Stephan votes affirmatively.

But why don’t documents support Stephan as a member?

These videos should show that Stephen 100% an active and full voting member of the Framingham Agricultural Advisory Committee. However the city’s website shows the slots that could be filled by Stephen as vacant. Why has the website not been updated?

On the meeting minutes for the two of the three meetings shown above on video – the membership list shows Stephan as a guest in both meetings. However as shown in the videos – Stephan – was actively voting and participating freely as a full member. The May 2, 2022 meeting minutes are not yet available yet. Why are Hanson and Stephan not listed as members?

The way these full members are listed on official documentation and in the official record of the meetings, suggest these full members are anything but.

Is it possible that the Mayor gave Hanson & Stephan permission to do something he didn’t have to power to give them?

Stephan is a Community Preservation Commission at-large member

Since July 28, 2021, Doug Stephan has been on the Community Preservation Commission. Some members of this Commission are required to have prerequisite roles on other boards or commissions, such as Parks & Recreation, Housing, History, Planning, and Conservation, and four members are to be appointed by the City Council. The appointments chosen by City Council for these seats are considered at-large members. On June 15, 2021, the City Council unanimously voted to approve Thomas Mahoney, Judy Grove, Doug Stephan, and Liz Kaprielian as their at-large members to represent the people of Framingham.

There have been 17 Community Preservation Commission meetings from its first meeting on July 28, 2021 through May 2, 2022, when Stephan attended the Agricultural Advisory Committee concurrently. Stephan’s attendance record on this commission during those dates are in attendance for 11 meetings, 3 times he was absent, and in 3 meetings he arrived quite late, left quite early, or a combination of the two.

His presence on the Community Preservation Commission has been cited as the reason for several member’s resignations, both directly and indirectly.

Stephan is on the Community Preservation Commission and the Agricultural Advisory Committee concurrently

Per the City Council in their June 15, 2021 vote, Doug Stephan is a member of the CPC. Per the Mayor in email sent by Doug Stephan, effective since his term lapsed in June 2021, Stephan has been a member of the Agricultural Advisory Committee, with an active role in meeting and voting since March 21, 2022.

It can be argued that based on Mayor Sisitsky requesting to “re-appoint” Doug Stephan to the Agricultural Advisory Board, and based on his active participation in those meetings since March, that in the eyes of the law, Doug Stephan is a member, potentially illegitimately.

Prior to the first meeting of the Community Preservation Commission, the City Council passed ORDER 2021-011, Ordinance for the implementation of the Community Preservation Act. The passage of this order attached a new section to the city ordinance document “Section 32: Community Preservation Act”. Due to a minor disagreement on who gets to pick members, the mayor vetoed the order, and the City Council overrode her veto.

In section 32.2.3, it is ordered that all members of the CPC must be Framingham residents, that some seats are to be held by designees of certain already established multiple-member bodies. It also states that the four members to be selected by the City Council, are prohibited from holding any other position on a multiple-member body, while serving as a member on the CPC.

Prohibited Actions

So there it is, in black and white. Doug Stephan sitting on the Agricultural Advisory Committee and the Community Preservation Commission concurrently are prohibited by city ordinances. The way this ordinance is written, for Stephan, it is an impossibility for him to be a CPC member.

If Stephan has been a member of the Agricultural Advisory Committee since his term expired in 2021, then retroactively, he cannot be a member of the Community preservation commission at all. At the time he was appointed for the CPC role, he was ineligible for that position.

If Stephan had been an active member of the Agricultural Advisory Committee since his first meeting on March 21 2022, retroactively, to that date, his membership on the Community Preservation Commission should have ceased.

There is no prohibition against Stephan holding a position on the Agriculture Advisory Committee and another board, only that a member at large on the CPC may not be on any other board. His CPC membership should be the only membership affected by city ordinances.

This could be the reason that the Spicer administration told him that he was no longer on the Agricultural Advisory Committee – because he was to be on the Community Preservation Commission.

In this clip, Stephan says “there was miscommunication… shock… awe… from the last administration”, and that she was wrong. In this case, the Spicer team got it right.

Our Thoughts

It is likely that Mayor Sisitsky’s friendship with Stephan and Hanson clouded his judgement. Doug Stephan and Mayor Sisitsky have been described as long-term best friends.

It is likely that Sisitsky did not consult with the city solicitor before telling Stephan and Hanson that they were never off the Agricultural Advisory Committee. Had there been a consult, this issue would have come up.

Unfortunately the damage is done. We have discussed thus far that there have been several resignations from several boards over the years citing Doug Stephan as a reason for departure. It is our opinion that in the case of Kaprielian and Stevens, these resignations may not have happened.

It is our opinion based on documented facts, that the proper corrective action to bring this matter into compliance is to remove Stephan from the Community Preservation Commission effective March 21, 2022. All votes taken on the Community Preservation Commission after March 21, 2022 need to be reviewed, his votes need to be stricken from the record, and if this changes any of the outcomes, so be it.

Re-Appointment

At this point it should be clear. Doug Stephan has been sitting on the Agricultural Advisory Commission illegitimately. His term expired in June 2021. Because he served on the Community Preservation Commission legitimately through March 21, 2022, his city council approved term on the Agricultural Advisory Commission ended at the time his term expired. There was no approval from city council for Stephan to sit on the Committee starting March 21, 2022, and therefore this is not an re-appointment. Stephan must apply for the position on the Agricultural Advisory Committee as a new applicant and go through the process.

Therefore on June 21, 2022, when the agenda item reappointing Doug Stephan to his Agricultural Advisory Committee role comes up, he should be denied.

Looking Ahead

Doug Stephan has no role going forward on Framingham boards and commissions. We have documented that he has caused the resignations of many people, over many years, from many boards and commissions. He has been called a bully, hostile, and misogynistic.

Mayor Sisitsky, needs to reflect himself. In our investigations, and leadup to this post. We sent messages along the way, telling him the proper way to handle the situation, with a deadline and a promise of a post. He never has done the right thing… never even acknowledged the message as received.

The ball is in the court of City Council on how to rectify this matter. We provided all the evidence. Perhaps city council can make the right decisions before it is too late.

Thank you for your time-

Frank Wood
Brian Petrini-Smith
Olufunmiola Shelly