Prudential Planning Group Bans Public

Boston Courant

A city-appointed advisory group voted to bar the press and public from a meeting last week on expansion plans at the Prudential Center, contrary to the advice of the Boston Redevelopment Authority (BRA).

Prior to the meeting, representatives of the Prudential Project Advisory committee (PruPAC) indicated that they would relent on a long-standing policy, going back to its formation 20 years ago, of closing their meetings to the public.

Instead, at a conference room at 111 Huntington Avenue containing a two-foot high model of the Prudential Center, the group voted by a roughly 2-to-1 margin to expel this reporter.

In addition to executives from Boston Properties, the Pru’s owner, and Avalon Bay communities, its partner in the proposed expansion, the meeting was attended by BRA senior project manager John O’Brien and state Reps. Byron Rushing and Marty Walz.

Before the vote, O’Brien told the group that the agency considered the evening’s presentation a “working meeting,” which the press could observe so long as comments were kept off the record. The BRA has imposed the same ground rules for advisory committee meetings on other projects, such as Columbus Center. At the same time, O’Brien said the BRA did not believe that the sessions were subject to the state’s Open Meeting Law.

PruPAC chair Betsy Johnson said before the meeting that the BRA had advised the group in recent discussions to allow the press. She noted, however, that many members of the group would be reluctant to change the policy.

“We try to be a careful, deliberative body,” said Johnson, who is a member of the Claremont Neighborhood Association. “We want to give members a chance to go back to their organizations and for subcommittees to go over details before weighing in on a project one way or another. Having the press there compromises that.”

BRA spokesperson Lucy Warsh said prior to the meeting that the agency does not “encourage” PruPAC to keep members of the public out. “They’re an advisory committee to the BRA. That’s their capacity,” she said.

But, she added, “We don’t feel we can impose rules on PruPAC.”

The BRA and Elliott Laffer, the vice chair of PruPAC, disclosed the time and location of the meeting following several queries from The Boston Courant and Banker & Tradesman.

Following the meeting, the BRA issued this statement: “Because the BRA encourages groups like PruPAC to allow members of the public to observe their meetings that address development proposals, we are disappointed with PruPAC’s recent actions. As part of the BRA’s review process, there will be an opportunity for all members of the public to participate in the discussion about this project.”

PruPAC, formed in 1986, today has more than 40 members, including representatives of seven neighborhood groups, the Greater Boston Chamber of Commerce, the Boston Society of Architects, the Massachusetts Convention Center Authority and the building trades. In addition to state Reps. Walz and Rushing, the group also includes City Councilor Michael Ross.

Walz said after the meeting that she did not support the decision to exclude the press. “PruPAC has proven itself over many years to be reasonable and accountable to the organizations they represent, but I get uncomfortable whenever closed meetings are held,” she said. “Other review committees may not do as good a job, which is why public participation has become so important.”

In June, Suffolk County District Attorney (DA) Daniel Conley warned the BRA that city-appointed advisory committees were subject to the Open Meeting Law, which requires that meetings be advertised 48 hours in advance and minutes be disclosed.

The DA’s letter came in response to complaints that members of the Boston College and Harvard task forces held closed meetings with BRA and college officials concerning the schools’ expansion plans.

The BRA has continued to maintain that the Open Meeting Law does not apply to citizen advisory committees formed as part of the Article 80 public review process. While wielding no binding authority, advisory groups often play a key role in negotiating the mitigation measures and community benefits tied to large development projects.

Boston Properties submitted its plans to the BRA for a new office building and residential tower at the Prudential Center on August 31, triggering the public review period for the proposal. The plans, first reported in The Boston Courant last month, call for a 19-story office building on Boylston Street, directly in front of the Pru tower, and a 30-story residential tower off Exeter Street.

The BRA has scheduled a public meeting at the Boston Public Library for Wednesday, October 3 at 6 p.m. on the proposed expansion.