On the eve of the election, Flynn asks the city's lawyer whether the council can close for Election Day

The Boston City Council will be closed on Tuesday, Nov. 3, when Massachusetts votes. On Monday, City Councilor Ed Flynn asked the city's top lawyer whether that is allowed. His letter to Corporation Counsel Michael Firestone is on the council's Nov. 4 agenda as docket 2095.

For residents, the practical effect is narrow: no council hearings in the Iannella Chamber on Tuesday, and councilors' offices may not answer constituent calls. Polls are open 7 a.m. to 8 p.m., according to the city's Elections Department, and City Hall's election operations continue.

What Flynn asked

Flynn wrote that because of the council's resolution, the chamber would not be open for hearings and many councilors and staff would not handle constituent services. He wrote that he had asked to chair a Committee on City Services hearing on several grants and was told the council would be closed.

He asked Firestone two questions:

• whether, under the Law Department's annual guidance on state limits on political activity by public employees, anything prohibits the council from following the resolution and engaging in political activity during regular business hours on Election Day;
• whether it is appropriate to close the Iannella Chamber on Election Day, given the council's role as a public body, and whether any extra public notice is needed.

Flynn closed with his own view, writing that the council should not be "wasting taxpayer money" so councilors and staff can take the day off for campaigns and get-out-the-vote work. Our records show no response from the Law Department as of Monday.

What our records add

The vote. On Oct. 21, the council adopted Council President Liz Breadon's resolution declaring Election Day a holiday for council employees and calling on the city and state to do the same (docket 1975). The vote was 10-3:

• Yes (10): Breadon, Gabriela Coletta Zapata, Miniard Culpepper, Sharon Durkan, Ruthzee Louijeune, Julia Mejia, Enrique Pepén, Henry Santana, Benjamin Jacob Weber and Brian Worrell.
• No (3): John FitzGerald, Ed Flynn and Erin Murphy.

What was said then. Breadon cited U.S. Census Bureau figures showing that more than 26% of people who did not vote in the 2022 midterms named work or school schedules as the main reason. She said council staff who want to work may do so, and that the day off would free colleagues to vote, work at the polls or volunteer (watch at 3:19:10).

Flynn said then that he respected Breadon but opposed the resolution, arguing that a paid day off for council staff gives incumbents an edge over challengers (3:23:52). Mejia disagreed, saying that more time off for working people helps grassroots candidates (3:25:52). Murphy said she could support a citywide or statewide holiday but not one only for council staff, noting that anyone in City Hall can already vote early (3:28:10).

Who is on the ballot. No city councilor is on Tuesday's ballot, Pepén noted during the debate. Voters will decide state and federal races and nine statewide ballot questions. Our Nov. 1 explainer covers two of them, and our Oct. 30 story explains when results are expected.

What a resolution does. A resolution does not change city or state law. Our Oct. 23 story has the full debate.

What's next

Flynn's letter will be placed before the council Wednesday at noon. Any answer from the Law Department would most likely arrive after Election Day. Voters can find their polling place on the city's polling locations page.