Judge orders depositions in Lynn bar rollback case

SALEM – A Salem Superior Court judge Thursday ordered Mayor Edward J. Clancy Jr., Police Chief John Suslak and members of the Licensing Board to give depositions regarding the rollback of bar hours from 2 a.m. to 1 a.m.Judge Maureen Hogan ordered the depositions to take place within 30 days, and that they be limited to the issue of an alleged open meeting law violation during the series of hearings in October, November and December regarding the rollback decision.They were not permitted to be recorded by audio or video.The city is also required to submit documents requested by the bar owners within three days of the depositions.Regardless of the stipulations for the depositions, attorneys Joseph Dever and Frederick Riley, who are representing the bar owners, said Hogan’s decision was a victory for them.Hogan also requested Dever file an amendment of their complaint specifically addressing allegations of open meeting law violations and reported arbitrary and capricious behavior during the Nov. 28 and Dec. 19 hearings, so that the allegations would be clear.Hogan has yet to deliver a decision regarding a Dever’s request on Jan. 9 for a temporary restraining order against the rollback.City Attorney Vincent Phelan, who is representing the Licensing Board, said Hogan’s ruling was more of a victory for the city.”The city has nothing to hide. There weren’t any secret meetings and there aren’t any telephone calls, memorandums or any communications at all?I checked,” he said. “So this is an absolute victory for the city because the judge limited what the deposition could contain.”Licensing Board members were served deposition notices and subpoenas on Jan. 9, while notices to Clancy and Suslak were served on Jan. 24.Back and forth communication ensued over scheduling the depositions and Dever said he was notified on Feb. 11 that none of the officials would be appearing.Phelan said the reason behind delaying the depositions was not because of Hogan’s lack of a ruling in the temporary restraining order issue, but rather because he and the other attorneys were waiting for some sort of limitations to be set.”We never said that was the reason – (Dever and Riley) said that,” he said. “Basically, time could have been better spent in completion of this case.”Phelan and Assistant City Solicitors George Markopoulos and James Lamanna, who are representing Suslak and Clancy, respectively, will all be present at the depositions.Markopoulos questioned the validity of the depositions and regrettably agreed to schedule them in the near future.”This is a very thinly veiled scheme to re-open the administrative record,” he said. “Needless to say, we will make our clients available.”