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Malden Council moves into executive session on two pending lawsuits; roll calls recorded

2220090 · February 4, 2025
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Summary

The council voted by roll call to enter executive session under M.G.L. c.30A §21(a)(3) to discuss litigation in Benevolent Botanicals and 926 Eastern Avenue v. City of Malden and in Zarachke v. City of Malden; the body announced it would adjourn from executive session and not return to public session.

The Malden City Council approved motions to enter executive session to discuss two pending litigation matters and announced it would adjourn directly from that closed session.

On a motion by Councilor Simonelli, seconded by Councilor Winslow, the council voted to enter executive session to discuss paper 61‑25 (Benevolent Botanicals and 926 Eastern Avenue v. City of Malden) citing exemption 3 under Massachusetts General Laws Chapter 30A, Section 21(a)(3), which permits closed‑door strategy discussions where an open meeting could harm the city’s litigation position. The clerk conducted a roll call and each councilor voted yes.

Separately, on a motion by Councilor Simonelli, seconded by Councilor Crow, the council voted by roll call to enter executive session to discuss paper 62‑25 (Zarachke v. City of Malden), citing the same statutory exemption. The roll call again recorded unanimous yes votes.

The clerk read the roll call votes for both motions; the transcript records affirmative votes from Councilors Colon Hayes, Condon, Crow, Linehan, McDonald, Cica (Ciga), Ciminelli, Simonelli, Spadafore, Taylor, Winslow, and Council President Ryan O’Malley. Before entering executive session, the president announced the council would not reconvene for further public business that evening and would adjourn directly from executive session.