by Dave Goodman (I.B.I.S. Radio), for Open Media Boston

Dec-01-10 BOSTON/Government Center

In a nearly unanimous vote today, Chuck Turner was ousted from his seat on the Boston City Council, effective Friday December 3rd.

Thirty two days after being convicted in federal court of taking a bribe, City Council members voted 11 to 1 to support an order to remove the District Seven Councilor from the legislative body. Turner has served his district for eleven years.

Only Councilor Charles Yancey opposed the order calling on Turner to vacate his office.

Never before in its history has the Boston City Council banished a sitting member.

In an emotional and tearful speech to his colleagues, City Councilor At-Large Felix Arroyo, said “we cannot escape our deeds…facts are facts. And Councilor Turner was convicted of the worst crime a politician can commit…”

Arroyo, who was one of only three Councilors to testify for or against Councilor Turner, said he was saddened that he would not be able to serve the remainder of his term alongside his “friend and colleague.”

Early in his City Hall career, Arroyo worked as Councilor Turner’s Director of Constituent Services.

Members of the general public sitting in the Council chambers and the nearby Curley room watching the proceedings on closed circuit television, booed Councilor Arroyo, some loudly calling for voters to not elect him to a second term.

Demonstrating enormous patience, Council President Michael Ross instructed the standing room only crowd to be quiet several times; threatening to have the public removed. He restrained himself from taking that step.

In his opening remarks, Ross explained that it was Turner who asked that the hearing on his status be made public. Under the Council’s rules, discussions of internal issues, including the employment status of city workers, are held in closed executive session.

Councilor At-Large Ayanna Pressley also praised Turner, from whom she said she had “learned a lot.” But she said she would not abstain, noting that while she was “deeply troubled with the actions taken by the federal government” to prosecute Turner, the Council, she said, does not have the authority to reverse a federal court decision.

“His work ethic is legendary…no one can deny the integrity of Chuck Turner…but it is with heavy heart, that I will vote for expulsion.”

Members of the public sitting in the Council gallery and the Curley room booed Pressley as well. Over 100 of the spectators had attended a rally in Turner’s support in front of the main entrance to City Hall immediately preceding the hearing.

During this historical hearing, there were several charged conversations between Councilor Yancey, Councilor Ross, and William Sinnott, the city’s corporation counsel.

Councilor Yancey objected to the entire proceeding, arguing that nowhere in the council’s rules exist explicit language giving members the right to remove a “democratically elected member.” He also cited Council rule number’s 33 and 47 to argue that action on any order put before the council cannot be voted on until members have had time to deliberate.

Yancey’s strategy, it seems, was to delay a vote on the expulsion order at least until the federal court sentences Turner in January.

Turner had said several times before today’s hearing that he should be allowed to finish out his term; at least until the federal court decides whether or not his conviction warrants time served in prison.

Following an eight minute private discussion between Ross and Sinnott on Yancey’s objection, Ross said his decision was to proceed with a vote. He explained that Sinnott and his legal team had advised that only matters being sent to one of the council’s committees fell under the ‘must deliberate before voting’ rule. The order of expulsion is not going to committee, Ross said.

Yancey renewed his objection and declared in a loud voice that Ross’ decision “will be challenged in the future.” If you choose to ignore the rules, said Yancey,” you do this at your peril!”

In a further exchange, Councilor Yancey challenged Sinnott to cite “explicit language” giving the Council the right to remove a member. Sinnott said he interpreted section 17 of the Council’s bylaws, reading in part “the City Council shall judge the election and qualification of its members,” adding that the authority to remove members is “implicit. The word expulsion does not appear, but a reasonable person would conclude this is legal.”

Councilor Yancey bristled at Sinnott’s remark, saying “reasonable people often disagree, even lawyers.” Asking the Corporation Counsel again for a citation of explicit language rather than his “interpretation” of the rules, Yancey declared, “I caution you to be very, very, careful. Democracy is a precious thing…”

“You don’t have to lecture me,” shot back Sinnott, “I know my powers and I think I’ve answered your questions.”

Later in the hearing, Yancey said he “publicly apologizes” if he has offended Attorney Sinnott, Council President Ross, or any of the council members.

Councilor Yancey also criticized Ross’ decision to enforce conflict of interest rules and not allow Councilor Turner to register a vote on the expulsion order. “The Council votes on its own pay raises,” pointed out Yancey. There’s no more conflict of interest than that, he added.

Coincidentally, said Yancey, Chuck Turner was the only member to vote against pay raises, the last time the question came before the City Council.

For his part, Ross dismissed calls for further deliberations, saying the Council decided more than two years ago to wait on taking action against Turner while the trial in federal district court was proceeding.

Near the beginning of the hearing, Councilor Turner spoke for about 15 minutes. Turner blamed former US Attorney Michael Sullivan for trapping him and former State Senator Dianne Wilkerson in an irresponsible sting operation.

“A sting operation has to be justified by a record of criminal behavior.”

Turner denied ever looking at his job as a way “to personal gain. I’ve spent my life fighting for justice.

“They call me a radical, but in reality they have no basis [to come after me].

“People don’t think critically…the media has turned us into sheep,” Turner argued, saying the federal government’s purpose, especially the Bush administration, was to “take down” black elected officials. He said the government feels “threatened” by “communities of color rising.”

Looking straight at various members of the Council while speaking, Turner compared his situation and those of other black leaders, to the oppression suffered by Boston’s Irish residents in the 1920’s. He cited instances in Boston’s history when “the law” was used “to come after you…laws are not just all the time; they were used to oppress the Irish in this city and now blacks.”

Turner asked his fellow councilors to consider whether or not they are “morally qualified to serve on this Council with Chuck Turner. Before you judge my qualifications, are you more moral than I am?

The people of this city will eventually sit in judgment of you…”

Shouting from the gallery above the councilors, a member of the public cried out, “the world is watching, not just the people of Boston and Dorchester and Roxbury, the world…”