Romney's hearing on Amorello to go forward

An unusual, closed door hearing to decide whether Governor Mitt Romney will remove Massachusetts Turnpike Authority chairman Matthew J. Amorello will go forward today, after a Supreme Judicial Court justice refused yesterday to stop the proceeding.

Justice Francis X. Spina wrote that Amorello did not show that he would suffer ``irreparable harm" if he is stripped of his job, because he could go to court and seek reinstatement.

``Although the plaintiff could lose his position as MTA chair and the salary he receives as chair," wrote Spina in a two-page decision, ``he could be compensated adequately for his losses" if a court later decides his removal was improper and orders him reinstated with back pay.

Lawyers for Amorello sought to prevent Romney from holding the hearing, arguing that uncertainty over his fate would not only hurt him, but could result in a downgrade of the Turnpike Authority's bonds and an increase to toll payers.

``Mr. Amorello is not desperately seeking to cling to his job," argued attorney Bruce Falby, who is representing Amorello. ``He is driven by a sense of duty to fulfill the oath of office. ``

In addition, they argued that the governor has no authority to remove him, because Amorello is filling a term set by law that does not expire until June 30, 2007.

Spina rejected that argument, writing in a footnote that the law ``permits the governor to remove a member of the Massachusetts Turnpike Authority for cause at any time."

The hearing will be held in the governor's office and be presided over by Paul Dacier, general counsel to EMC Corp., who donated $500 to Romney's campaign in 2002 and was appointed by him to the panel that nominates judicial candidates. At the hearing, expected to continue for at least two days, Romney's lawyers will present the case against Amorello and the governor himself will act as judge.

In a July 24 conference call between lawyers on both sides and Dacier, Amorello's lawyers called today's hearing a ``kangaroo court" with a predetermined outcome, Amorello's ouster.

``Mr. Dacier, if you are not to preside over what is simply a mock proceeding with a preordained conclusion, which is the dictionary definition of a kangaroo court, respectfully, I would urge you to require the governor to provide us with basic information in terms of facts and witnesses as to the charges that we have to defend at this hearing," said Falby, who asked Dacier to delay the hearing.

Responded Dacier, who refused the postponement request: ``This matter is not a political event. The July 27 hearing will not be a `kangaroo court.' The presiding officer believes that the governor will act impartially and with an open mind at the July 27 hearing and on any decision concerning Mr. Amorello."

At a press conference on an unrelated matter yesterday, Romney defended his efforts to remove Amorello, saying the Turnpike Authority chairman could save money and reassure the public by simply stepping down.

``I think the citizens certainly will feel a lot more sure if they feel the person leading the Pike does not have a political agenda, and is not trying to protect their job at all expense, and is not spending public monies to hire law firms to protect their job," he said.

``To the extent that it's a distraction," Romney added, ``it would be very easy to resolve, which is just for chairman Amorello to say, `You know what? My time has come. Time for someone new.' "

Spina delayed ruling on a request by three Romney appointees to the Turnpike Authority board to force Amorello to hold an emergency board meeting. The members -- Thomas Trimarco, Mary Connaughton, and Judy Pagliuca -- are seeking to reverse a change in board bylaws orchestrated by Amorello at a June 29 meeting. The change gave Amorello unilateral power to call meetings and set meeting agendas. He said the next meeting will not be held until September.

Andrea Estes can be reached at estes@globe.com.