City Council Committee of the Whole – Apr 14, 2026

Where
Not listed on the city's Agenda Center
Time
Not listed

What was decided

The Council referred an Open Meeting Law complaint against itself to the Legal Department by a 9-0 vote, with Councillor O'Malley voting present. A communication on approving draft executive session minutes was placed on file by unanimous vote. The Council then voted to go into Executive Session to discuss litigation strategy in the Benevolent Botanicals LLC and Dris Corporation cases against the City, and adjourned to that session at 7:32 PM without returning to open session.

Decisions recorded

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City of Malden

Malden City Hall · 215 Pleasant Street · Malden, MA 02148

Meeting Minutes - Final · City Council

Council President Amanda Linehan · Councillor at Large Karen Colon Hayes · Councillor Paul Condon · Councillor Peg Crowe · Councillor at Large Michelle Luong · Councillor at Large Carey McDonald · Councillor Ryan O'Malley · Councillor Jadeane Sica · Councillor Chris Simonelli · Councillor Ari Taylor · Councillor Stephen Winslow

Tuesday, April 14, 2026 · 7:00 PM · City Council Chambers · 215 Pleasant Street · Malden, MA 02148 · Committee of the Whole · Watch the meeting with Teams: https://tinyurl.com/COTW-April-14

1. CALL TO ORDER

Council President Linehan called the meeting to order at 7:10 PM.

2. PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE IN HONOR OF SERVICE MEMBERS

3. ROLL CALL

Also in attendance was Maria Luise, Alicia McNeil, Lisa Cagno, and three members of the public.

Present - Councillors: 10 - Karen Colon Hayes, Paul Condon, Peg Crowe, Amanda Linehan, Carey McDonald, Ryan O'Malley, Jadeane Sica, Ari Taylor, Stephen Winslow and Michelle Luong

Absent - Councillors: 1 - Chris Simonelli

4. MOTIONS, ORDERS, AND RESOLUTIONS

203-26

The City Council will address the Open Meeting Law complaint submitted on April 7, 2026 by Bruce Friedman of 8 Marvin Street, Malden against the Council related to the posting of an Executive Session on the April 7 agenda, as was outlined in Paper

200-26 under the provisions of M.G.L. c. 30A, s. 21(a)(3) and 21(b)(3).

Sponsors: Amanda Linehan

Attachments: OML Complaint 4-7-2026 203-26

A motion was made by Councillor Sica, seconded by Councillor Luong, that the Council Item be referred to the Legal Department. The motion carried by a 9-0 vote.

Councillor O'Malley voted present.

5. COMMUNICATIONS

204-26

Communication: From Council President Linehan regarding the approval of draft executive session minutes under the provisions of M.G.L. c. 30A, s. 22(g)(1)

Sponsors: Amanda Linehan

Attachments: April 20, 2021 Jack Owens v. City of Malden Paper 178-21

March 8 2022 Cellco v City of Malden Paper 89-22

February 28 2023 Guillaume v MPD Paper 89-23

April 30 2024 Review of Pending Litigation Paper 217-24

April 30 2024 Release of Executive Session Minutes from 2014 Paper

218-24 June 25 2024 Zeraschi v City of Malden Paper 296-24 July 24 2024 Release of Executive Session Minutes from 2013-14 Paper 308-24 March 11 2025 Executive Session to Review Minutes for Release Paper 143-25

A motion was made by Councillor Winslow, seconded by Councillor Crowe, that the Communication be placed on file. The motion carried by a unanimous vote.

6. EXECUTIVE SESSION

205-26

Order: That the City Council will vote whether to go into Executive Session with

Legal Council regarding the matters of Benevolent Botanicals LLC and 926 Eastern Avenue LLC v. City of Malden (22MISC000076), and Dris Corporation et al v. City of Malden (24MISC000281) for the purposes of Exemption Three Massachusetts General Laws Chapter 30A Section 21(a)(3) to discuss strategy with respect to litigation and the status conference held on March 25, where such discussion in open meeting may have a detrimental effect on the litigation position of the City, if so declared by the chair.

And if so allowed by the Body, to admit Maria Luise, Special Assistant to the Mayor and Ron Hogan, Chair of Cannabis Licensing and Enforcement Commission. (Roll Call Required)

Sponsors: Ryan O'Malley

Attachments: Benevolent Motion with Transcript from March 25

The request for Executive Session (ES) was made by Councillor O'Malley for an update on the status conference that happened in Land Court on March 25 between Dris Corporation and the City of Malden. The order was for an ES to give the Council the option of speaking confidently with the legal team but his preference is for the ES order fail and instead have the conversation on the floor.

City Solicitor McNeil was called to the podium to explain why there may be a need for ES to review something that was discussed in open court? Solicitor McNeil stated her opinion that any discussion on the floor regarding pending litigation is not wise because the conversation risks entering into privileged topics and may affect future litigation. Without knowing the full extent of what questions Councillor O'Malley wishes to discuss, she is not prepared to answer questions in this forum unless the entire Body waives privilege. She did offer a recap of what happened in open court on the date of March 25, 2026.

Dris Corporation filed suit against the City two years ago on the same grounds as Benevolent Botanicals (BB). The same judge was assigned to both cases. Attorneys from Benevolent Botanicals entered the status hearing via Zoom and was invited by the attorneys from Dris to speak to the judge's ruling in the BB case. They explained that BB and Malden are in disagreement interpreting the ruling that invalidated MCC 12.12.190, the marijuana ordinance. The court responded that if the ruling was unclear, BB should file a motion for clarification and encouraged both parties to utilize mediation. If BB reopens their case, the city would have the option to appeal. BB did in fact file that motion and now the city has until April 22 to respond. Anything further than that recap should not be discussed on the floor.

A motion was made by Councillor O'Malley, seconded by Councillor Winslow, that the Order be adopted. The motion carried by the following vote:

Yea: 8 - Condon, Crowe, Linehan, McDonald, Sica, Taylor, Winslow and Luong

Nay: 2 - Colon Hayes and O'Malley

7. ADJOURNMENT

A motion was made by Councillor O'Malley, seconded by Councillor Winslow, that this meeting be adjourned to Executive Session. The motion carried by the following vote:

Meeting adjourned to Executive Session at 7:32 PM. Council President Linehan announced that the Body would not reconvene for any further business this evening.

Yea: 8 - Condon, Crowe, Linehan, McDonald, Sica, Taylor, Winslow and Luong

Nay: 2 - Colon Hayes and O'Malley

CAROL ANN DESIDERIO, CITY CLERK

If you would like to request a reasonable accommodation, please contact Maria Luise, ADA Compliance Coordinator at mluise@cityofmalden.org or 781-397-7000 Ext. 2005

For instructions on enabling live translated captions in Teams, please visit: www.cityofmalden.org/captions

Minutes posted on the city website (PDF, 125 KB). Saved copy (opens in new tab), saved .

Agenda

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Terms used here

ADA
Americans with Disabilities Act, the federal law on access for people with disabilities.
Committee of the Whole
The full council or board meeting as a committee, to discuss a matter before voting on it at a regular meeting.
executive session
A part of a public meeting closed to the public. State law allows it only for specific reasons, such as lawsuits, negotiations, or personnel matters.
M.G.L.
Massachusetts General Laws, the state's laws.
Open Meeting Law
The state law (M.G.L. Chapter 30A, Sections 18 to 25) that requires public boards to meet in public, post notice of their meetings in advance, and keep minutes.

All the terms in the glossary

Source

This meeting's agenda in the City of Malden's Agenda Center (opens in new tab). First recorded by Malden Publick on .