Peabody council approves voting rule for Planning Board

PEABODY-City Council approved an unprecedented request from members of the Planning Board Thursday night that could potentially change the way all elected officials vote in Peabody.Last month, the Planning Board approached the council to adopt Massachusetts General Law Chapter 39, Section 23D, also known as the Mullen Rule. The law states that “a member of any municipal board, committee, or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member?s absence from no more than a single session of the hearing at which testimony or other evidence is received.”By the unanimous approval last night, members of the Planning Board will no longer be stripped of their right to vote when they were unable to attend a hearing for whatever the reason. With frequent meetings, it?s difficult for a member to not be absent at some point.The council voted to “test drive” the Mullen Rule for a year to monitor how often it?s utilized and why. If all goes well, the council agreed to consider applying the law to their own meetings, as well as other committees in the city.?I think it?s a good idea,” said Ward 5 Councilor Dave Gamache. “(Officials) can miss a meeting and still be capable of performing their responsibilities.”Councilor at Large Anne Manning was more than accepting of the law, citing past instances where she herself was not allowed to vote because of her absence during a hearing.?(An absence) doesn?t mean you don?t have all the facts,” she said, noting that often times councilors go out of their way to properly inform themselves of what they may have missed. “It doesn?t mean that you?re not prepared to vote.”Ward 6 Councilor Barry Sinewitz expressed concern over possible abuse of the law.?I don?t want members skipping out on meetings because the pressure?s too high,” he said.To ease the minds of those councilors with doubt, Gamache added to the motion a provision that would require the Planning Board to notify the council of when and why they chose to use the Mullen Rule each time.Next to seek approval of the law might be the Zoning Board of Appeals who showed their interest via email to the councilors. As the board has yet to cast an official vote on the matter, the issue will have to wait to come before City Council at a later date.