Emotions surface as vote nears

Aggravating the ill will is a recent revelation that a man charged with shooting a local police officer had lived in a home run by the agency, the South Middlesex Opportunity Council, or SMOC.

"A lot of Town Meeting members are outraged by this shooting, as are many of the townspeople," said Janet E. Leombruno, a Town Meeting member and chairwoman of the body's Public Safety Committee. "We need to keep Framingham safe."

Leombruno is advocating that the town stick to its guns in court and contest the lawsuit in order to uphold the rights of municipalities to oversee the expansion of organizations like SMOC.

She said she will make the argument at Special Town Meeting on Thursday, when members are scheduled to vote on appropriating the extra $350,000 for legal costs from this fiscal year's budget.

But some local officials are calling instead for reconciliation and mediation to settle the lawsuit.

Herb Chasan, a Town Meeting member who helped organize a forum on the issue tomorrow, said he believes a settlement would not only save the town money beyond the $400,000 already spent, but also create an atmosphere in which SMOC could continue to help the disabled, the poor, and other often marginalized people.

"People need services," said Chasan. "Most people in town acknowledge SMOC is a player and they do very good things."

The forum on the Special Town Meeting funding article is slated for 7 p.m. at the Lutheran Church of Framingham, 720 Edgell Road.

The town has tried unsuccessfully to negotiate with SMOC on three occasions, said Selectman Jason Smith. He said he could not predict whether more talks would be fruitful, and pointed out it could be costly.

"Sitting down with attorneys does not come free," he said.

Jane Lane, a spokeswoman for SMOC, said she could not discuss the lawsuit, citing a gag order imposed by US District Court Judge Douglas P. Woodlock, who is handling the case. However, Lane did say that SMOC's "offer of mediation has always been on the table."

The social services agency named four Town Meeting members, three selectmen, four Planning Board members, the town's human services coordinator, its town manager, and unnamed police officers as defendants in its lawsuit, which it filed in October 2007.

The lawsuit says that they discriminated against the disabled by refusing to grant zoning and building permits for SMOC programs. It also charges conspiracy and defamation.

The complaint asks for an unspecified amount of damages and for the court to take "supervisory jurisdiction" over the town to ensure compliance with federal housing and disability laws.

Last September, Woodlock dismissed several of the counts, including conspiracy. The federal judge also removed Town Manger Julian Suso as a defendant.

Robert Snider, a lawyer and Town Meeting member, said Framingham still has no choice but to defend itself. He said he believes the lawsuit is an attempt to intimidate local officials and attack their ability to communicate and govern.

"What they are looking for is not just money," Snider said of SMOC officials. "What they are looking for is to limit the ability of the town to govern itself. These are basic constitutional rights."

Town Meeting member Richard E. Paul said he is concerned that if Framingham loses the lawsuit, it could scare people away from running for public office for fear of being sued themselves.

Complicating matters is the April 14 shooting of a Framingham police officer, Phillip Hurton. The suspect charged in the shooting, Sahr Josiah, 22, was staying in a SMOC homeless shelter, at the request of the state Department of Youth Services.

In a recent statement, SMOC's executive director, James Cuddy, said that the state had assured SMOC that Josiah had "no adult criminal record." Cuddy said it was only after Josiah was lodged in Framingham that SMOC discovered he has a violent criminal past. Cuddy said his staff decided to allow Josiah to remain because he was likely to pose less of a threat than if he were homeless.

Cuddy said his agency is reconsidering its policies concerning the program.

In the aftermath of Josiah's arrest, Suso said the town had spent from $30,000 to $50,000 on the police investigation that led to the arrests of Josiah and others in the case. Suso said he expected the price tag would climb.

Leombruno said she believes the shooting and its costs influenced some into supporting the town's pursuit of the lawsuit.

"It's alerting them to what's really going on," she said.

Connie Paige can be reached at connie_paige@yahoo.com.