Fall River disability commission asks city counsel whether parking‑fine funds can pay private accessibility work, seeks clarity on scholarship program

Vice chairwoman Debbie Pacheco said the city's corporation counsel has advised that funds collected under Massachusetts General Laws Chapter 40, Section 22G may not be spent to construct wheelchair ramps at private residences, and the Fall River Commission on Disability moved Wednesday to request a formal written opinion from the city on whether that interpretation affects the commission's scholarship program.

"It is the opinion of this office that the commission on disability may not lawfully expend public funds under MGL 40 22G for the purpose of constructing a wheelchair accessible ramp at a private residency even where the recipient is a person with a disability," Pacheco read to the commission, citing the counsel's conclusion and saying she would forward the full document to members.

The legal opinion prompted extensive discussion about whether the ruling should narrow the commission's existing policy that allows residents or institutions to request funding from the commission's account. Commissioner Dan Robillard urged commissioners to keep the commission's policy framework in place while seeking additional legal review. "I think we should maintain the policy," Robillard said, noting the policy was intended to cover a range of requests, not only home modifications.

Robillard and other commissioners said the scholarship program is an outreach tool that does not deliver funds directly to individual students but routes awards through institutions; they said the program has operated for several years and that the city distributes citations to recipients through the City Council. The commission reported it has allocated $126,000 over a five‑year period for scholarships for Fall River residents with documented disabilities, and commissioners said there were 11 scholarship recipients this year.

Commissioners discussed next steps rather than immediately altering policy. The commission voted to submit a request to the city's ADA coordinator, attorney Gary Haryak, for a written legal opinion on the scholarship program. Vice chairwoman Debbie Pacheco made the motion; the commission approved it by unanimous roll call vote (Chairman Dennis Pauselli, Vice chairwoman Debbie Pacheco, Commissioner Lisa Silva, Commissioner Dan Robillard, Commissioner Anne O'Neil Souza and Commissioner Katie Driscoll all voted yes).

Members also discussed administrative next steps if the corporation counsel opinion remains broad. Several commissioners suggested consulting the Massachusetts Office on Disability (which provides administrative guidance for municipalities) and, if necessary, state legislative or legal counsel before making any formal changes to the scholarship program. Chairman Dennis Pauselli said the commission will wait for the corporation counsel's written opinion and then pursue those additional steps if needed.

Other business reported at the June 11 meeting included a finance update and scheduling notes: the commission received the monthly budget report for May and was told the City Council will present citations to scholarship recipients at its June 24 meeting at 7 p.m.; the commission also noted the ADA improvement grant application deadline for the city was June 13 and said staff would try to confirm whether Fall River applied.

The commission did not take any immediate action to change the scholarship program; instead it directed staff to obtain written clarification from corporation counsel and signaled plans to consult the Massachusetts Office on Disability and other legal resources if the counsel's opinion remains restrictive.