Opinion

Editorial

 

The Eastfield Mall has officially passed into history.

And this passing certainly prompts some reflection — on what has been and what is to come at the sprawling site on Wilbraham Road.

As for what has been … well, the mall was something of a marvel when it opened back in 1968. This region hadn’t seen anything quite like it. The indoor mall was new and totally captivating.

Someone could park the car once and go shopping, get a meal at one of several restaurants (including the famous Flaming Pit), get a haircut, watch a movie, take a walk, do some people watching … all of that and more.

Before Eastfield, people went downtown to shop, be it in Springfield, Holyoke, Westfield, Chicopee, Amherst, or Northampton, visiting a host of different stores and buildings as they did so. This was a completely different kind of experience, and the mall drew people from all across the region.

Eastfield ceased being a wonder in relatively short order. Other malls, which collectively doomed the region’s downtowns, save for Northampton’s (and even it struggled until the early ’80s) were built in downtown Springfield (Tower Square, then known as Baystate West, was a center for retail), Chicopee, Hadley, and Holyoke. It was the Holyoke Mall, which was much bigger and featured many more stores, that pushed Eastfield to second-tier status.

Still, Eastfield persevered on the strength of its anchors and an eclectic mix of national and local stores and remained a destination.

Until … the retail world started to change dramatically, especially with the advent of online shopping. One by one, the anchors, including Sears and JCPenney, disappeared from Eastfield — and many other sites as well. Then, the theaters closed, and some of the smaller shops did as well. While other malls found new uses for their retail spaces — everything from trampoline parks to bowling alleys — Eastfield struggled to do so.

Eventually, its massive, all-but-empty parking lot became a symbol of a changing retail landscape.

For years, there has been talk about what will come next at the site — a 21st-century facility that will be mixed-use, blending a residential component with retail, hospitality, and support businesses. Work on demolition will begin soon, and construction on what is expected to be a $65 million to $85 million facility will commence soon after.

Meanwhile, most of the 40 or so businesses and nonprofits that were in the mall have found new homes. Many have relocated to other sites in Springfield, but others have put down roots in surrounding communities, including Wilbraham, Ludlow, and Holyoke.

This is a developing story, and an intriguing chapter in the Eastfield story, one in which the businesses that gave the mall its character and charm will live on.

As for the mall itself, it will live on in memories. Like old ballparks, malls (most of them anyway) can’t become something else. They have to be destroyed because their useful life is over.

This was a sad but predictable, and inevitable, end for what had been, and still is in some ways, a landmark.

Rest in peace, Eastfield Mall.

 

Opinion

Opinion

 

While it might be considered dangerous to get into a discussion concerning the quality and relative merits of a particular piece of art, when it comes to the new mural taking shape at the former Skyplex building off Stearns Square in downtown Springfield, we’ll make an exception.

This is an intriguing and masterful work (and it’s not even done yet) that celebrates the city, its history, its personalities, its landmarks … all of that.

But it does more than that. It activates a space, and it gets people talking. Overall, it takes a nondescript wall on an underutilized building and turns it into a conversation piece and part of a larger effort to bring more vibrancy to that part, and other parts, of Springfield.

It’s a small piece, but an important piece nonetheless.

If there’s anything to complain about with the mural, it’s that there’s too much going on. The entire wall is covered, and with many, if not most, of the ‘characters,’ one needs to ask, ‘who’s that?’ and ‘why is that person on this wall?’

That’s true of Abraham Lincoln and Muhammed Ali (you know who they are), but also Ted Shawn, the dancer and choreographer who created Jacob’s Pillow in Becket (and lived in Springfield for a time), and also June Foray, a Springfield native who became the voice of Rocky the Flying Squirrel, among other notable characters. You might not know who they are.

That’s the beauty of this mural. People get to take in something creative and learn about a city and its history at the same time.

It takes quite some time to take in the entirety of this mural, and another one like it just around the corner on Worthington Street, one that recreates advertising images put on the wall of a former camera store more than 50 years ago. But it’s worth taking the time, because these works tell a story, and they really do link the past, present, and future.

And at the same time, they bring new life to buildings, and an area, that needed a spark.

It is said that art can be captivating, powerful, and, yes, inspirational. This mural is a good example of how it can be all that and more.

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GREENFIELD — Greenfield Savings Bank (GSB) promoted Panna Royal to the position of senior vice president and chief information officer. As CIO, she will oversee the operations of the Information Technology (IT) department, including the planning, management, implementation, support, and the security of the bank’s information and computer technologies.

“Technology is essential to the successful operation of the bank,” said Thomas Meshako, President and CEO of Greenfield Savings. “Panna’s experience working in the financial industry and her leadership and project-management skills, combined with her in-depth knowledge of IT, assure that our bank will continue to offer efficient IT services and build a robust long-term strategy.”

Royal joined GSB in November 2019 as senior network administrator with more than 25 years of experience working in IT. In 2020, she was promoted to the position of vice president and senior network administrator in the IT department. In 2022, she became senior technical program and compliance manager in the Operations department, implementing and overseeing the project-management program for the bank.

Royal and her team will support the bank with technology solutions to help the organization continue to provide customers with an outstanding user experience. She will also oversee training programs for upgrades and system changes, ensure compliance with regulatory requirements, and oversee the hiring and training of the IT department. She will manage the implementation and maintenance of existing information systems and will develop the bank’s information-technology roadmap for the future.

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SPRINGFIELD — Dress for Success Western Massachusetts is relocating from the Eastfield Mall to its new location at 45 Lyman St. in downtown Springfield. The new location is ideally situated close to major transportation, including Union Station and the main bus terminal. This will be more accessible for users of public transit and provides Dress for Success Western Massachusetts additional space to provide services and programs to reach more women, transgender, and non-binary people.

“Having a new home with space for offices, a meeting room, and a computer lab will be transformative,” Executive Director Margaret Tantillo said. “Being able to come together in person under one roof will help strengthen and build our already vibrant community.”

This transition to the new space will be performed with minimal interruption of services. The organization’s programs — Foot in the Door, Digital Literacy Coaching, the Margaret Fitzgerald Mentorship Program, and the Professional Women’s Group — are not being affected by the move. Appointments for interview clothing and work apparel are being paused and will resume on or before Aug. 1.

During this transitional period, the organization is unable to accept clothing and accessory donations. As always, financial support is greatly needed and appreciated. Financial donations can be made at www.dfswm.org.

“Every donation provides support to our programming and allows us to reach more marginalized women,” Tantillo said.

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GREENFIELD — Franklin Community Co-op’s capital campaign recently exceeded $1 million in member loans to support the expansion and relocation of its Main Street store, Green Fields Market, to the historic Wilson’s building. The food co-op, which operates Green Fields Market in Greenfield and McCusker’s Market in Shelburne Falls, has more than 5,600 member owners.

The capital campaign kicked off in late April with a goal of reaching $1 million by the end of June and a final goal of $1.5 million in member loans by Oct. 1. The minimum loan amount is $2,000, with potential loan interest rates as high as 4%.

The move to Wilson’s will more than double the sales floor and fill a vacant storefront on Main Street that has been empty since late 2019. The co-op employs over 90 people at its two stores and has an annual revenue of $11 million, including $2 million in local sales. In 2022, about 10% of its membership was enrolled in Food for All, a program that provides a 10% discount to eligible members who receive SNAP, HIP, or SSI. Customers do not need to be a member to shop in the stores.

The new store will be located on the first floor of the building and will include larger produce, prepared-foods and bakery departments, as well as an onsite community room with a teaching kitchen. The larger store will enable the co-op to bring in more products at lower prices and serve a more diverse section of the community.

“We are so thankful to our member owners who have invested in the future of our co-op and downtown Greenfield,” said Peter Garbus, capital campaign team lead and member of the board of directors. “The renovation of Wilson’s and expansion of Green Fields Market will help to transform the downtown and provide a full-service grocery store on Main Street. We couldn’t have done this without the help of our deeply committed capital campaign team, our staff, and our members.”

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SPRINGFIELD — Chikmedia is celebrating its 10th year in business in August and has partnered with Dunkin’ to host the anniversary party.

Chikmedia, a boutique firm offering strategic marketing planning and creative PR, will host the event on Wednesday, Aug. 9 from 5:30 to 8:30 p.m. at TAP, located at 1 MGM Way, Springfield.

Chikmedia has won awards from the Telly Awards, the Advertising Club of Western Massachusetts, and Cosmopolitan magazine. Its mission has always been to support small, women-led businesses thrive through marketing, public relations, branding, and more. It has helped hundreds of women-owned businesses across the country; provides an annual scholarship called Chiks of the Future for women of color pursuing marketing, PR, and communications degrees; has hosted dozens of networking events over the years to connect female entrepreneurs with one another; and continues to build an influential Chik Community.

“This is such an exciting milestone for us,” said Meghan Rothschild, owner and president of Chikmedia. “If you had asked me 10 years ago about starting my own business, I would have told you ‘not for me.’ I am so happy I decided to make the leap and appreciate the support of our clients and community more than I can even express. We couldn’t have gotten here without you.”

Savor the remaining sips of the season and celebrate Chikmedia’s anniversary with Dunkin’-inspired cocktails, food, giveaways, and more at this upcoming event. Attendees must register, and space is limited. Click here to reserve a spot.

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PITTSFIELD — The Berkshire Black Economic Council (BBEC) announced that the Minority Business Enterprise Educational Workshop will take place on Friday, July 21 from 3 to 6 p.m. at the Proprietor’s Lodge in Pittsfield.

The workshop, held in collaboration with MassHire BizWorks and the Supplier Diversity Office of Massachusetts is designed to support Black entrepreneurs in obtaining Minority Business Enterprise (MBE) certification. Registration is now open for this free event, and all minority business owners are encouraged to attend. Click here to register.

The workshop will feature a seminar and panel discussions led by MBE-certified businesses. Attendees will gain valuable insights into the benefits of MBE certification, including increased access to federal contracts, federal and state tax incentives, and expanded funding opportunities. Breakout groups will provide indepth information on MBE certification requirements, while additional resources for business growth and development will be made available.

“Are you a BIPOC business owner? Let’s unlock the potential of the MBE certification,” said A.J. Enchill, executive director at BBEC. “Come join us for the MBE Educational Workshop to learn how certification can open doors for contracting, incentives, and funding opportunities.”

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WINDSOR LOCKS, Conn. — The Connecticut Airport Authority announced that its partner and award-winning airport concessionaire Paradies Lagardère will be upgrading its existing establishments at Bradley International Airport and adding two new dining concepts.

Paradies Lagardère currently operates six retail locations at the airport, including two CNBC Stores, two New England Travelmarts, one iStore, and one Avanti Marketplace.

As part of the upcoming upgrades, Paradies Lagardère will be updating all six concepts. Four will be refreshed within their existing brand. Two concepts will reopen under a new name, including CT River Landing and Charter Oak Emporium.

In addition, a Starbucks will be introduced. This will be the airport’s first Starbucks post-TSA screening, located in the food-court area. A sit-down restaurant, called Beercode Kitchen & Bar, is also planned for the Gates 20-30 concourse, which currently does not offer a sit-down option. The restaurant is a gastropub-style concept offering a wide array of cuisine for breakfast, lunch, and dinner, as well as an eclectic lineup of local craft beer and other beverages.

“We are truly excited to enhance our successful retail stores as well as add the iconic Starbucks and Beercode restaurants to our overall program at Bradley International Airport,” said Gregg Paradies, president and CEO of Paradies Lagardère. “We appreciate the Connecticut Airport Authority’s partnership over the years and look forward to continually serving their travelers with these exciting new options in the airport.”

Over the next year, passengers will see the locations come to life gradually, with Starbucks opening first at the end of this summer.

“Dining and shopping are an important part of the travel journey, and we are thrilled to be rolling out these exciting, terminal-wide changes in partnership with Paradies Lagardère,” said Kevin Dillon, executive director of the Connecticut Airport Authority. “Paradies Lagardère is a nationally recognized leader in the airport retail and dining arena, and we are confident the forthcoming upgrades will be well-received by our passengers.”

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EASTHAMPTON — bankESB recently awarded $5,000 to the Belchertown Pickleball Community and the Belchertown Orioles Athletic Assoc. to support the initiative of building two new community pickleball courts at 59 State St. in Belchertown.

The Belchertown Pickleball Community ​is a volunteer-run, not-for-profit organization created to better the pickleball experience in Belchertown. The two new State Street courts recently held a grand opening to celebrate the finished project and partners who helped to make it a reality. The courts are lighted and open to the public until 10 p.m. through Labor Day. For more information about the new courts, visit btownpickleball.org.

The donation was made as part of bankESB’s charitable-giving program, the Giving Tree, which reflects the roots the bank has in its communities, its commitment to making a real difference in the neighborhoods it serves, and the belief that everyone’s quality of life is enhanced by working together to better communities.

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SPRINGFIELD — In the spring of 2017, BusinessWest and its sister publication, the Healthcare News, created a new and exciting recognition program called Healthcare Heroes.

It was launched with the theory that there are heroes working all across this region’s wide, deep, and all-important healthcare sector, and that there was no shortage of fascinating stories to tell and individuals and groups to honor. That theory has certainly been validated.

But there are hundreds, perhaps thousands of heroes whose stories we still need to tell. And that’s where you come in.

Nominations for the class of 2023 are due Saturday, July 29, and we encourage you to get involved and help recognize someone you consider to be a hero in the community we call Western Mass. in one (or more) of these seven categories:

• Patient/Resident/Client Care Provider;
• Health/Wellness Administrator/Administration;
• Emerging Leader;
• Community Health;
• Innovation in Health/Wellness;
• Collaboration in Health/Wellness; and
• Lifetime Achievement.

Nominations can be submitted at businesswest.com/healthcare-heroes/nominations.

For more information, call Melissa Hallock, Marketing and Events Director, at (413) 781-8600, ext. 100, or email [email protected].

Business Talk Podcast Special Coverage

We are excited to announce that BusinessWest has launched a new podcast series, BusinessTalk. Each episode will feature in-depth interviews and discussions with local industry leaders, providing thoughtful perspectives on the Western Massachuetts economy and the many business ventures that keep it running during these challenging times.

Go HERE to view all episodes

Episode 171: July 17, 2023

BusinessWest contributing writer George O’Brien talks with CDH’s president and CEO, Dr. Lynnette Watkins

Lynnette Watkins

This month marks the 10th anniversary of Cooley Dickinson Hospital becoming a member of the Mass General Brigham network of care. It’s been a rich and fulfilling relationship, one that has led to new initiatives and improved the overall quality of care, said CDH’s president and CEO, Dr. Lynnette Watkins. This partnership was one of many topics she discussed with BusinessWest contributing writer George O’Brien on the next installment of BusinessTalk. The two also talked about the latest phase of COVID, groundbreaking for an expansion of CDH’s Emergency Department, and ongoing workforce challenges. It’s must listening, so tune in to BusinessTalk, a podcast presented by BusinessWest and sponsored by PeoplesBank.

Sponsored by:

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LONGMEADOW — Following a national search, Bay Path University announced that Ruth Lahti was selected to be the inaugural dean of the School of Education, Psychology & Humanities.

“I am pleased to welcome Dr. Lahti to the Bay Path community,” said Dr. John Caron, interim vice president of Academic Affairs. “Dr. Lahti has vast experience as an educator and administrator and possesses extensive knowledge of online learning platforms and strategies. She is a creative and entrepreneurial, student-focused leader whose background will be integral as the university looks at new ways to expand and deliver our academic portfolio in the School of Education, Psychology & Humanities that benefit both our students and the marketplace.”

In her previous position, Lahti served as the associate vice president of Academics at Southern New Hampshire University, Global Campus Online. In that role, she led a team of 70 full-time administrators and faculty while overseeing 22 online programs; spearheaded the development of a career-oriented master of fine arts program in creative writing that is now the largest MFA program in the country; oversaw DEI strategies that produced positive, measurable results; and implemented data-driven decision making to foster student success, grow online programs in both enrollment and revenue, and launch a suite of career-focused embedded certificates.

“Dr. Lahti clearly shares Bay Path’s values that are reflected in our mission and career-focused education: innovation, diversity, equity, the pursuit of excellence, inclusiveness, collaboration, and social responsibility,” President Sandra Doran said. “As the inaugural dean, she will bring a new vision that will enable the university to expand and evolve our offerings and provide an even richer and more engaging experience for our students.”

As dean of the of the School of Education, Psychology & Humanities, Lahti is responsible for leading and coordinating the operations of department chairs and program directors to support student and faculty success. Through collaboration with cross-university departments, she will be a member of teams that develop strategic external partnerships, implement ongoing processes for the development of and scanning for new curricular ideas and initiatives, and identify and assist in obtaining new revenue streams to support the expansion of school programs and infrastructure.

Lahti earned her Ph.D. and master’s degree in English from UMass Amherst and her bachelor’s degree in English from James Madison University.

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EASTHAMPTON — Hackworth School of Performing Arts (HSPA) owners Alison Forance and Lisa Anthony announced that they were named Ultimate Studio of the Year by the American Dance Awards on July 9. This honor is given to a dance studio that shows success in training dancers in all age groups in various different styles, including but not limited to ballet, contemporary, jazz, hip hop, acro, and musical theater.

The American Dance Awards values the wide range of quality dance education offered to students and feels it should be rewarded. The nominees for this prestigious award included studios from all over the U.S., Canada, and South Africa.

Hackworth School of Performing Arts strives to create a well-rounded program and is honored to receive this award, Forance said.

“It was a pinnacle moment of immense pride, knowing our grandfather, who started our dance legacy back in 1934, was watching from above, cheering us on, giving us his signature thumbs up, while also knowing how proud and ecstatic our mother would be when hearing this exciting news,” she added. “This tremendous honor is a reflection of each and every HSPA faculty member who has helped our students achieve this goal, from our Tiny Tot teachers who first instilled the love of dance in the very beginning, right up through those working with our advanced teams, along with our inspiring guest teachers and alumni.”

The studio is entering its their 90th season. Families looking to join the HSPA dance family should email [email protected].

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NORTHAMPTON — The Greater Northampton Chamber of Commerce is accepting nominations for the 2023 Eva Trager Memorial. First introduced in 2012, the memorial recognizes individuals who made a significant impact on the vitality of downtown Northampton during their lifetimes. Eligible nominees for this year’s memorial are people who have passed away since the event was last held in September 2019. Nominations are due no later than Monday, July 24.

Hailed as the ‘queen of Main Street,’ Trager distinguished herself as a successful businesswoman and cherished champion for downtown for nearly 50 years. Named in her honor, the memorial celebrates the lifetime and exemplary achievements of those who demonstrated a personal commitment and dedication to downtown Northampton and the community.

“The Eva Trager Memorial is a posthumous honor and celebrates those who left a legacy of giving and caring that never went unnoticed,” said Vince Jackson, executive director of the Greater Northampton Chamber of Commerce. “Past inductees embodied a spirit of community that was evident in the impact that they had as business owners, community ambassadors, commercial developers, and highly respected influencers. This is a lifetime achievement and incredible tribute to those who lived with great purpose and steady hope for a vibrant downtown.”

Nominations may be submitted online at evatragermemorial.com. The list of honorees selected this year will be announced by Aug. 4. The Eva Trager Memorial Ceremony will take place on Friday, Sept. 8, in front of the Owl at 157 Main St. in downtown Northampton.

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SPRINGFIELD — Max Tavern at the Basketball Hall of Fame announced its fourth Max on Monday networking event, set for Aug. 7 from 4 to 6 p.m. Attendees will have the opportunity to connect with other professionals while enjoying complimentary hors d’oeuvres, and a cash bar will be available for beverages. Max on Monday is an ideal opportunity for those who have been working remotely to reconnect with their colleagues and find inspiration in the company of others.

Each Max on Monday event will feature a selection of local businesses. In August, the sponsored businesses will include M&T Bank, Fitzgerald Law, Conklin Office Furniture, and Hillside Dermatology. Representatives from these businesses will network and share information about their organizations. A local charity is also featured. The Aug. 7 event will spotlight the Make-A-Wish Foundation of Massachusetts and Rhode Island. The event will also showcase a local artist.

For more information about Max on Monday or to register to attend, RSVP to AnnMarie Harding at (413) 244-4055 or [email protected].

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SPRINGFIELD — Dietz & Company Architects Inc. recently welcomed Laura Mukazhanova and Chen Yu to the firm, both in the role of architectural associate.

Mukazhanova recently received her bachelor’s degree from Syracuse University, where she completed her thesis on the effects of architecture on one’s mental and emotional state. She illustrated this with a focus on addressing the issue of burnout in the healthcare industry through the use of visual and sensory perceptions in the workplace. As such, she has a particular interest and curiosity in architecture that has the potential for emotional and aesthetic influence on its occupants.

Chen recently graduated with her master of architecture degree from the University of Virginia. While completing her studies, she interned at architecture firms in Virginia and China. She also had the opportunity to conduct research on-site in Utqiagvik, Alaska regarding the reuse of waste heat. With an interest in public building design, she looks forward to expanding her knowledge on the subject through her project work at Dietz.

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GREENFIELD — The Greenfield Public Library and the city of Greenfield invite the community to the grand opening of the new Greenfield Public Library today, July 13.

The festivities kick off at 9:30 a.m. with the Greenfield Military Band, followed by a ribbon-cutting ceremony at 10 a.m., after which the 26,800-square-foot facility will officially open for a day of discovery and exploration. Participants will include Greenfield Mayor Roxann Wedegartner, Lt. Gov. Kim Driscoll, and other elected officials.

After the library is officially open, attendees will be invited to the community meeting room to enjoy a slice of cake, sign the guest book, and begin exploring the new library. The library will remain open with all-day programming until 5 p.m., including a family story time, arts and crafts activities, and demos in the new makerspace, teen room, and children’s department.

The library, located at 412 Main St., will be open during regular hours on Friday and Saturday, July 14-15, continuing the celebration with special programs, musical guests, and more. Click here for a schedule of the grand-opening events. The festivities, sponsored by Friends of the Greenfield Public Library, are free and open to everyone in the community.

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SPRINGFIELD — Bacon Wilson, P.C. announced that Alexandre Pereira, Allison Hanna, Lauren Rainville, and Emily Gorney have been accepted into its law-clerk program for the 2023-24 school year.

Bacon Wilson created the clerkship program more than 40 years ago to allow law-school students to gain experience and mentoring in the legal profession. The  clerks are an integral part of the firm and participate in various firm events during their time at Bacon Wilson.

Pereira joined Bacon Wilson in May 2023. He is a Western New England University School of Law candidate for juris doctor in May 2024. He earned his bachelor’s degree, magna cum laude, in finance from Western New England University (WNE) in 2021. Prior to Bacon Wilson, he was a teaching assistant in the academic success center at WNE. He was also a legal assistant at Marta Law Offices in Ludlow, where he gained experience in estate planning and real-estate law. Currently, he has interests in estate planning and litigation. In addition to his previous work experience, Pereira has volunteered his time at Our Lady of Fatima Parish and was also a Best Buddies International Organization member. He has lived in Western Mass. his entire life and hopes to continue his legal career here after graduation. He is looking forward to using his time at Bacon Wilson to explore many other areas of law.

Hanna is one of two returning law clerks for a second year and has been with Bacon Wilson since September 2022. She is a Western New England University School of Law candidate for juris doctor in May 2024. She earned her bachelor’s degree, summa cum laud, in legal studies from State University of New York in Canton in 2020, and her associate of applied science degree in paralegal studies from Tompkins Cortland Community College in Dryden, N.Y. in 2018. Hanna competed on the WNE National Moot Court team and served as a student attorney for the WNE Global Justice Clinic. She is the founder and chair of the parents attending law school committee through Western New England, and also worked as a lawyering skills teaching assistant. Before joining Bacon Wilson, she was a law clerk for Riscassi & Davis, P.C. in Hartford, Conn., as well as a paralegal at Morrison Mahoney in Springfield and Newman & Lickstein in Syracuse, N.Y.

Rainville is a returning law clerk who joined Bacon Wilson in May 2022. She is a Western New England University School of Law Candidate for juris doctor in May 2024. She earned her bachelor’s degree, cum laude, in business management from Bay Path University in 2016. Her previous experience includes negotiations and settlements with claimants’ attorneys and pro-se claimants on personal and commercial auto damage and injury losses in Connecticut. Rainville has volunteered her time at the Jewish Family Services Legal Immigration Clinic and as an educator at Paulo Freire Social Justice Charter School. She participated in the WNE School of Law’s Real Estate Practicum in the spring of 2023. She is interested in pursuing a career in criminal or civil litigation, and she hopes to build on the network she has formed and practice in the Springfield area.

Gorney joined the firm in May 2023 and will be eligible for her juris doctor in May 2024 from Western New England University School of Law. She holds a bachelor’s degree in international trade and marketing from the Fashion Institute of Technology in New York City. She is interested in family law, immigration, and international law. This fall, she will be a judicial intern for the Hartford Immigration Court. She participated in WNE’s Global Justice Clinic last spring, which provided legal aid to families separated at the southern U.S. border. She has also volunteered for the National Immigrant Women’s Advocacy Project, Jewish Family Services of Western Massachusetts, and Dakin Humane Society. Gorney enjoys the personal and interactive aspects of lawyering and is passionate about advocating for underrepresented communities. She hopes to continue building a professional network in the Western Mass. area and is committed to maintaining involvement in the community.

Bacon Wilson Managing Shareholder Jeffrey Fialky noted that “we are thrilled to have these four exceptional law students continue in Bacon Wilson’s longstanding tradition of law-clerk excellence, and we are very fortunate to have this region’s best and brightest contribute to our work for the benefit of our clients.”

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HOLYOKE — Holyoke Community College (HCC) is offering a free program for English-language learners looking to begin careers in the culinary and hospitality field.

The course, “MassSTEP ESOL Culinary Arts,” begins Monday, July 17 at the HCC MGM Culinary Arts Institute, 164 Race St., Holyoke. It runs Monday through Friday, 9 a.m. to 3:30 p.m., through Aug. 25.

The 180-hour training is designed for people learning English who are at an intermediate level. ESOL (English for speakers of other languages) instruction is built into the curriculum. The program is free thanks to a grant from the Adult & Community Learning Services division of the Massachusetts Department of Elementary & Secondary Education (DESE).

MassSTEP (skills, training, education programs) denotes a statewide network of DESE-funded pathways that prepare adult learners for promising careers with dynamic Massachusetts businesses.

In the HCC class, students will gain skills in knife techniques, cooking methods, culinary math and measurements, workplace etiquette, résumé building, and job searching, and earn workplace certifications including ServSafe manager, food handler, and alcohol. The course incorporates 90 hours of English-language learning and career preparation. The program is open to adult residents of Massachusetts who are learning English.

“This hands-on training is an exciting opportunity for students to begin a new career in culinary and hospitality, advance into higher-level roles, or continue studying culinary and hospitality at the college level,” said Pesha Black, director of ESOL at HCC. “Our alumni have gone on to work in restaurants, food service, hotels, and started their own entrepreneurial ventures. We work with over two dozen local employers eager to hire qualified graduates as food preparers, line cooks, servers, bartenders, hosts and hostesses, and hotel workers.”

For more information or to enroll, contact Moira Lozada at (413) 561-7280 or [email protected].

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SPRINGFIELD — Julie Dick, counsel at Bulkley Richardson, has been named one of this year’s Emerging Women Leaders in the Law by the Women’s Bar Assoc. of Massachusetts (WBA).

The WBA’s Emerging Women Leaders in the Law award honors women attorneys who have demonstrated professional excellence or had a significant professional achievement in approximately their first 12 years in the legal profession, and either promote the status of women in the legal profession or contribute meaningfully to the equal participation of women in a just society.

The other honorees are Avana Epperson-Temple of Peabody & Arnold LLP, state Rep. Tram Nguyen, and Whitney Williams of the Middlesex County District Attorney’s Office.

“This year’s group of Emerging Women Leaders is an exceptional group of women attorneys whose talent and accomplishments thus far in their careers are commendable. I look forward to their continued good work and celebrating their contributions to the legal profession into the future,” said Jessica Babine, WBA president.

The 2023 awardees will be celebrated at the WBA’s annual gala on Oct. 16 at Marriott Copley Place in Boston.

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PITTSFIELD — Pittsfield Cooperative Bank appointed Ray Smith as its vice president, Marketing director. In his new role, Smith will manage the co-op’s marketing efforts, media relations, and community outreach, ensuring that the company’s brand and image are communicated effectively across all platforms.

Smith joins the co-op after serving as administrative director, Public Information officer, Marketing officer for Southwestern Vermont Health Care (SVHC) in Bennington, Vt. for the last nine years. While at SVHC, Smith received several marketing and communications awards and was instrumental in opening up the Northern Berkshire market and developing promotional fundraising materials.

He has more than 20 years of experience in senior marketing and executive leadership roles in financial services, tourism and hospitality, consumer packaged goods, and manufacturing. He previously served on the board of directors for the Southwestern Vermont Chamber of Commerce, the Williamstown Chamber of Commerce, the Berkshire Workforce Board, Berkshire Compact for Higher Education, and Berkshire Creative Economy.

“The Pittsfield Cooperative Bank is thrilled to welcome Ray to our team,” said J. Jay Anderson, president and CEO of Pittsfield Cooperative Bank. “He is an innovative and award-winning marketing communications leader. His experience and marketing acumen will be a huge asset to the institution.”

Smith received his bachelor’s degree in communications from Colby-Sawyer College in New London, N.H., and his master’s degree in communications from Ithaca College in Ithaca, N.Y.

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EASTHAMPTON — bankESB recently promoted Peter Gilbert to assistant branch manager of its 241 Northampton St. branch in Easthampton.

Gilbert started as a teller at bankESB’s Hadley branch in 2018, was promoted to teller supervisor in 2019, and moved to float retail supervisor in 2021. He holds an associate degree in liberal arts and science from Springfield Technical Community College, as well as a bachelor’s degree in computer information technology from Elms College.

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SPRINGFIELD — Common Wealth Murals will hold a ribbon cutting for its most recently completed mural, a collaboration with the Live Well Springfield Climate Justice Coalition, today, July 12, at 5:30 p.m. at 470 Chestnut St., Springfield.

The mural was painted by Betsy Casañas, a visual and public artist, educator, community activist, and organizer. Live Well Springfield has worked with Common Wealth Murals on this climate-justice mural that brings together activism and art. Communications funding from Trinity Health Of New England and Blues to Green supported the development and creation of this mural.

Casañas held several meetings with stakeholders and members of the community for the design of the mural, and was impacted by Springfield having the highest cases of asthma in the country. The mural is a reflection of Puerto Rican culture and depicts purifying the air and “empowering folks with small, attainable goals that can transform the environment for generations to come,” she explained.

Live Well Springfield comprises more than 30 community partners convened by the Public Health Institute of Western Massachusetts. The coalition’s primary initiatives are Climate Change Health and Equity, the Transforming Communities Initiative, Age and Dementia Friendly Cities, and the built environment.

Bomba de Aqui, a local dance group, will give a short performance at the start of the ribbon-cutting event. Bomba de Aqui is directed by Brendalíz Cepeda, also the lead dancer. Cepeda is the granddaughter of bomba performer Rafael Cepeda and learned the art and its history in her family.

Since 2019, Common Wealth Murals (CWM) has facilitated the creation of 39 murals in Springfield and six in other Massachusetts towns. Of the 45 murals already created, 25 were done using a community-engaged process that involved several thousand people in the design and painting of the murals. CWM has also produced Springfield’s graffiti jams; window, bike-kiosk, and sidewalk-chalk installations; and other temporary public art installations.

Daily News

BOSTON — Business confidence remained flat during June amid a resilient economy, stubborn inflation, a pause by the Federal Reserve, and a shortage of workers across almost every industry.

The Associated Industries of Massachusetts (AIM) Business Confidence Index gained 0.1 point to 49.7, just below the 50 mark that separates optimistic from pessimistic outlooks. Confidence ended the month 1.1 points lower than a year earlier.

The mixed reading reflects an economy that continues to defy expectations in the face of 10 interest-rate increases by the Federal Reserve. The Fed paused rate increases last month as inflation moderated to 4%, but more hikes are likely since the Fed’s target inflation rate is 2%.

Though many national economists believe a recession remains probable, the Massachusetts job market remains strong, with the unemployment rate dropping to 2.8% in May.

“As 2023 reached its midpoint, we experienced a tech-fueled stock-market rally instead of the recession many economists believe is inevitable,” said Sara Johnson, chair of AIM’s Board of Economic Advisors (BEA). “Employers tell us that, even though they worry about rising prices, they also remain desperate to find workers in a tight labor market.”

The AIM Index, based on a survey of more than 140 Massachusetts employers, has appeared monthly since July 1991. It is calculated on a 100-point scale, with 50 as neutral; a reading above 50 is positive, while below 50 is negative. The Western Massachusetts Business Confidence Index, developed in collaboration with the Springfield Regional Chamber of Commerce, was unchanged in June at 45.7.

The statewide constituent indicators that make up the Index were mixed in a narrow range during June. The confidence employers have in their own companies edged up 0.1 point to 51.9, ending the month 4.1 points less than June 2022.

The Massachusetts Index assessing business conditions within the Commonwealth fell 0.2 point to 49.5, leaving it up 2.3 points from a year earlier. The U.S. Index measuring conditions throughout the country gained 0.8 point to 43.4, remaining in pessimistic territory for a ninth consecutive month.

The Current Index, which assesses overall business conditions at the time of the survey, fell 0.6 points to 50.7. The Future Index, measuring projections for the economy six months from now, gained 0.9 point to end the month at 48.7.

The Manufacturing Index dropped 0.8 point to 45.7, ending the month 3.6 points lower than a year ago. Confidence among non-manufacturing companies was up 0.3 points to 52.1. The Employment Index gained 0.4 point to 51.2. Small companies (51.2) were slightly more optimistic than large companies (49.6) and medium-sized companies (48.5).

Marcelo Suárez-Orozco, chancellor of UMass Boston and a member of the BEA, said the presence of a worker shortage even in a slowing economy underscores the importance of educational institutions preparing the next generation of employees, especially the fast-growing demographic of immigrant-origin students.

“The only group growing enrollments in higher education is immigrant origin students — and they are projected to be the primary group driving growth of the U.S. labor market into 2035. They play a particularly important role in the science, technology, engineering, and math sector of the economy,” Suárez-Orozco said.

AIM President and CEO John Regan, a BEA member, said employers have been encouraged by the fact that all three elements of Massachusetts state government — Gov. Maura Healey, the House of Representatives, and the Senate — have passed versions of tax reform. Tax changes are expected to improve the Commonwealth’s economic competitiveness while also helping individuals struggling with rising costs for food, housing, and other staples.

“The governor and the House are wisely seeking tax changes that will improve our economic climate that has seen tens of thousands of Massachusetts residents leave the state in recent years,” Regan said. “We look forward to the final version of tax relief from the conference committee.”

Daily News

GREENFIELD — Continuing a tradition of supporting small local businesses and job creation, Greenfield Cooperative Bank (GCB) announced a $25,000 donation to the Franklin County Community Development Corp. (FCCDC).

“We are proud to support the Franklin County CDC and their mission to foster economic and community development in our region,” said Tony Worden, Greenfield Cooperative Bank president and CEO. “They have been instrumental in providing assistance to small businesses and entrepreneurs. Our donation is a way of expressing our gratitude and appreciation for their work and our commitment to the local economy and community.”

FCCDC Executive Director John Waite thanked GCB for their sustained support, which will be directed to giving businesses — of all types and at all stages — assistance and resources to start or grow their ventures.

“We appreciate Greenfield Cooperative Bank’s investment in our local economy,” Waite said. “When small businesses have the resources they need to thrive, the whole community benefits.”

In the past year, the FCCDC has worked with more than 400 businesses, helping them navigate challenging economic times. As an incentive for others to give, donors who give more than $1,000 to the FCCDC will receive a Massachusetts state income-tax credit in the amount of 50% of the donation. For example, a donation of $1,000 will end up costing the donor just $500 after the tax credit. Donate at fccdc.org/support.

The FCCDC offers free weekly information sessions for businesses and those wishing to start a business on Zoom; visit fccdc.org/get-started to register.

Daily News

WEST SPRINGFIELD — The Eastern States Exposition announced a one-day flash ticket sale today, July 11, to mark the 66-day countdown to the Big E.

Admission tickets costing $12 (reduced from the regular price of $20) will be on sale today from 9 a.m. to 7 p.m. only at www.thebige.com. There is a limit of eight tickets per order. Tickets can be used any one day of the fair.

Celebrate National Cow Appreciation Day with tickets to the largest agricultural event on the East Coast. See cows, horses, sheep, llamas, goats, and more during the fair, which runs from Sept. 15 to Oct. 1. And check out the concert lineup, from John Fogerty and Third Eye Blind to Jimmy Eat World, Zedd, Quinn XCII, and more at thebige.com.

This special sale is a way for the Big E to say thanks to its 1,603,354 visitors who helped make the 2022 Big E the fourth-largest fair in North America.

Daily News

SPRINGFIELD — United Way of Pioneer Valley announced the return of the Stuff the Bus program, which provides backpacks filled with school supplies for students who are homeless throughout Hampden County, Granby, and South Hadley.

United Way works with the McKinney-Vento representatives for each school district in its geographic footprint to gather the number of K-12 students who are homeless. Stuff the Bus relies on donations of school supplies from the community, and volunteers assist with the packing.

“We are fortunate to have generous donors who want to ensure that every student begins the school year with the supplies they need. And we are grateful to Peter Pan Bus Lines, who lend a bus and driver each year to deliver the backpacks to the school districts,” said Megan Moynihan, interim president and CEO of United Way of Pioneer Valley.

Items needed most include spiral notebooks, composition books, looseleaf paper, crayons, index cards, pencil sharpeners, erasers, glue sticks, highlighters, and rulers. Click here to order supplies through Amazon Wish List and have them delivered to United Way. Supplies may also be dropped off at the United Way of Pioneer Valley offices at 1441 Main St., Springfield, through Aug. 7.

Daily News

WESTFIELD — The Westfield State University board of trustees elected Ali Salehi to serve as its chair, while trustees Melissa Alvarado and Gloria Williams were elected as vice-chair and secretary, respectively. Daniel Currier, class of 2025, was elected to the board as student trustee.

Salehi serves as managing director of Hansen Engineering and Machinery Co. Inc. of Danvers. A former board member of the Greater Westfield Chamber of Commerce, the Westfield State University Foundation, and the Westfield Redevelopment Authority, Salehi is a current trustee of Suffield Academy and a former vice chair of the Baystate Health Foundation. He holds a bachelor’s degree in mechanical engineering and a master’s degree in engineering management from Western New England University.

Alvarado is an assistant vice president in strategic planning and delivery at MassMutual Financial Group and, prior to that, worked in its compliance and information-technology organizations. She previously served as clerk of the Westfield State Foundation and was a member of the Westfield State Alumni Assoc. executive council. In addition earning a bachelor’s degree in business administration from Westfield State in 1999, Alvarado holds an MBA in finance from Western New England University and earned an executive certification in leadership and management from the University of Notre Dame.

Williams is an educational consultant and leadership mentor who previously completed a 21-year tenure as a master principal for Springfield Public Schools. Her service in education, including as a representative for the Superintendent’s Advisory Committee, was recognized when she received the 2019 Educational Legacy Achievement Award, presented by Delta Sigma Theta Sorority Inc. Williams is also president of the consulting firm Coalition of Experienced Black Educators Inc. and the newly elected president of the board of directors for Families Against Violence. She earned a bachelor’s degree in education from Westfield State College in 1977 and a certificate in advanced graduate studies, a M.Ed., and a Ed.D. from UMass Amherst.

Currier was elected by the student body in April to serve as Westfield State’s student trustee for the 2023-24 academic year. A junior with majors in accounting and finance with minors in economics and English, Currier was formerly vice president for Finance for Westfield State’s Student Government Assoc., is president of the Accounting Club, and serves as a campus tour guide, new-student-orientation leader, and peer tutor. Currier is also a Commonwealth Honors Scholar and received the Executive Excellence Award from the Westfield State University Student Government Assoc.

Daily News

GREAT BARRINGTON — On Friday, July 14 at 10:45 a.m., Knosh & Knowledge will present Letty Cottin Pogrebin, who will talk about her acclaimed (and controversial) family memoir, Shanda: A Memoir of Shame and Secrecy. Joining her will be moderator Rabbi Shira Stern. This free program will take place at Hevreh of Southern Berkshire, 270 State Road, Great Barrington.

The word ‘shanda’ is defined as shame or disgrace in Yiddish. This book tells the story of three generations of complicated, intense 20th-century Jews for whom the desire to fit in and the fear of public humiliation either drove their aspirations or crushed their spirit. While unmasking their charades and disguises, Pogrebin also showcases her family’s remarkable talent for reinvention in a narrative that is, by turns, touching, searing, and surprisingly universal.

Books will be available for purchase, or attendees can bring their own copy for signing by the author.

This event is part of the monthly Knosh and Knowledge series sponsored by the Jewish Federation of the Berkshires and is also part of Jewish Literary Voices, a federation series in collaboration with Jewish Book Council. For more on this program and other federation events, visit jewishberkshires.org.

Daily News

LUDLOW — Cristina Gonzalez has been promoted to general manager at the Holiday Inn Express Ludlow. She has worked with Pioneer Valley Hotel Group (PVHG) since 2015. Before taking the general manager position, she worked in various other roles within the PVHG family of hotels.

“We are excited for Cristina’s continued growth in her new role,” said Shardool Parmar, co-owner of Pioneer Valley Hotel Group.

Gonzalez began working at the Holiday Inn Express Ludlow in the winter of 2022. She said she has appreciated meeting new people every day, growing and learning, and experiencing innovation in hospitality, and strives to create a healthy workplace environment through trust and cooperation.

“I’m excited to learn more about the Ludlow community and to see my former co-worker David Ruymen rise to the challenge of my previous position” of assistant general manager at Hampton Inn Hadley, Gonzalez said.

Daily News

SPRINGFIELD — In the spring of 2017, BusinessWest and its sister publication, the Healthcare News, created a new and exciting recognition program called Healthcare Heroes.

It was launched with the theory that there are heroes working all across this region’s wide, deep, and all-important healthcare sector, and that there was no shortage of fascinating stories to tell and individuals and groups to honor. That theory has certainly been validated.

But there are hundreds, perhaps thousands of heroes whose stories we still need to tell. And that’s where you come in.

Nominations for the class of 2023 are due Saturday, July 29, and we encourage you to get involved and help recognize someone you consider to be a hero in the community we call Western Mass. in one (or more) of these seven categories:

• Patient/Resident/Client Care Provider;
• Health/Wellness Administrator/Administration;
• Emerging Leader;
• Community Health;
• Innovation in Health/Wellness;
• Collaboration in Health/Wellness; and
• Lifetime Achievement.

Nominations can be submitted at businesswest.com/healthcare-heroes/nominations.

For more information, call Melissa Hallock, Marketing and Events Director, at (413) 781-8600, ext. 100, or email [email protected].

Business Talk Podcast Special Coverage

We are excited to announce that BusinessWest has launched a new podcast series, BusinessTalk. Each episode will feature in-depth interviews and discussions with local industry leaders, providing thoughtful perspectives on the Western Massachuetts economy and the many business ventures that keep it running during these challenging times.

Go HERE to view all episodes

Episode 170: July 10, 2023

Joe Bednar talks with Craig Della Penna, president of the Norwottuck Network Inc. board of directors and broker at the Murphys Realtors

Rail trails are much more than a recreational option for pedestrians and bicyclists. They also connect communities, promote both personal wellness and a healthy travel alternative to carbon-emitting vehicles, and are increasingly being seen as an economic driver, especially in and around gateway cities. On the next installment of BusinessTalk, BusinessWest Editor Joe Bednar talks with Craig Della Penna, president of the Norwottuck Network Inc. board of directors and broker at the Murphys Realtors, about his decades of work promoting progress around rail trails — most recently with efforts to complete the 104-mile Massachusetts Central Rail Trail between Northampton and Boston. It’s must listening, so tune in to BusinessTalk, a podcast presented by BusinessWest and sponsored by PeoplesBank.

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Daily News

LEE — Lee Bank Foundation awarded $50,000 to 12 Berkshire area organizations for its second round of 2023 community funding. Recipients were awarded grants ranging from $1,000 to $10,000 to support their local programming.

The following organizations received funding from Lee Bank Foundation: Becket Athenaeum, Berkshire Bounty, Berkshire Center for Justice, Berkshire Children’s Chorus, Berkshire Community Diaper Project, Berkshire County Arc, Berkshire South Regional Community Center, Community Access to the Arts, Elizabeth Freeman Center, Greenagers, Mass Audubon Pleasant Valley, and Roots Rising.

The deadline to apply for the next round of 2023 foundation funding is Sept. 1. Click here for the application and more information.

To be considered for grant awards, applicants must be a (501)(c)(3) nonprofit organization. The foundation is focused on funding programs that work to bridge income and opportunity gaps in the region. Funding requests should reflect one or more of Lee Bank Foundation’s primary focus areas: education and literacy; food security and nutrition; economic growth and development; health and human services; or mentorship, internship, and school-to-work initiatives. Applicants are eligible to receive funding only once in a 12-month period.

Daily News

HOLYOKE — The Valley Blue Sox announced upcoming promotions for the team’s home games on Saturday and Sunday, July 8-9.

On July 8, the team will host a doubleheader versus the Upper Valley Nighthawks. The opening game will be at MacKenzie Stadium at 3 p.m., followed by the second game at 6:35 p.m. Admission will cover both seven-inning games in the doubleheader.

The team will give away baseball caps to the first 300 fans to enter the bValley Blue SoxValley Blue SoxValley Blue Soxallpark, sponsored by Westfield Bank. Additionally, the Blue Sox will host a Seven Innings of Winnings event in the second game on Saturday. The team will raffle off a different gift card to fans each half-inning.

On July 9 at 1 p.m. versus the Mystic Schooners, the Blue Sox will host a 150th-anniversary celebration for the city of Holyoke. Residents of Holyoke will receive reduced-price admission of $3. The team will also give away Holyoke Millers shirts to the first 150 fans to enter. The Millers were a minor-league team that played at MacKenzie Stadium from 1977 to 1982.

Daily News

SPRINGFIELD — Throughout the months of July and August, Freedom Credit Union is holding its annual summer food drive for the Food Bank of Western Massachusetts to help support essential services for people in need throughout the region.

“This cause will remain near and dear to our hearts as long as there are people in our community who suffer from food insecurity,” Freedom Credit Union President Glenn Welch said. “We are collecting non-perishable food items and cash donations at all our branch locations and invite our members, staff, and community to contribute.”

Last year, Freedom raised more than $4,100 for the Food Bank and collected an additional 930 pounds of food for the Gray House in Springfield.

Suggested donations of non-perishable food and personal care items include hot and cold cereals; packaged rice and grains; pasta and noodles; canned beans and vegetables; canned and dried fruit; peanut butter and nuts; granola bars and crackers; powdered or evaporated milk; instant potatoes; canned chicken, fish, and meat; cooking oils and spices; canned soups, stews, and chili; powdered or canned baby formula; diapers, wipes, and toilet paper; shampoo and body wash; and toothpaste and toothbrushes.

“Please give to the extent you are able and help us take a bite out of food insecurity,” Welch said. “Invite your friends and family to help or create a company-wide initiative at your business. Every donation makes a difference.”

Since 1982, the Food Bank of Western Massachusetts has helped provide much-needed food to residents in Hampden, Hampshire, Franklin and Berkshire counties. It sources its products from donations, which it distributes to participating pantries, meal sites, and shelters throughout the region.

Daily News

HOLYOKE — Spots remain open for summer youth sports programs at Holyoke Community College (HCC). Starting Monday, July 17, HCC will run three weeks of sports programs for youth ages 8-17.

“This summer marks the post-pandemic return of HCC’s summer youth programs in soccer, baseball, and basketball, and we’re excited once again to be able to offer a diverse and robust collection of youth activities,” said Arvard Lingham, coordinator of Non-Credit Programming and Kittredge Center Operations.

All sports programs cost $179 and run from 9 a.m. to 3 p.m. on the main HCC campus, 303 Homestead Ave.

The week of July 17-21 features a Youth Baseball Clinic (ages 8-17), a fun-filled, challenging program that emphasizes fundamental skills and baseball knowledge while building self-confidence and developing every player’s ability to play more competitively. The instructor is Ryan Magni.

On July 24-28 is a Youth Basketball Clinic (ages 8-17), which emphasizes fundamental skills and basketball knowledge while building self-confidence and developing every player’s ability to be more competitive. The clinic director is Chris Montemayor.

Finally, running from July 31 to Aug. 4 is a Youth Soccer Clinic (ages 6-16), taught by Rob Galazka, head coach of the HCC women’s soccer team, with assistance from top college soccer players. The comprehensive clinic stresses basic and advanced skills with plenty of one-on-one instruction.

To register for these and other HCC summer youth programs, visit hcc.edu/summer-youth.

Community Spotlight

Community Spotlight

Chris Willenborg stands in front of one of the private jets

Chris Willenborg stands in front of one of the private jets based at Barnes Westfield Regional Airport, one of the many assets contributing to economic-development efforts in the city.

The F-35 stealth fighter is nicknamed ‘Lightning,’ and it is certainly expected to provide a powerful surge in Westfield.

The Pentagon announced in April that 18 F-35A fighters will be based at Westfield Barnes Regional Airport with the Air National Guard’s 104th Fighter Wing, replacing the F-15s that have been flying over the city — and on missions around the world — since 2007.

Rick Sullivan, president and CEO of the Western Massachusetts Economic Development Council — but also a former mayor of this city for a dozen years and currently a city councilor — said the F-35s will become an obvious point of pride for the community and the region, but there is an economic-development component to this decision as well.

Indeed, the move will stabilize and secure the long-term future of the 104th, which brings more than 1,000 jobs and millions of dollars in direct support to the local economy each year.

“The F-35s are obviously hugely important, not only to the operation of Westfield Barnes Regional Airport, but to the 104th, which is a significant employer in the region, and a significant business,” Sullivan explained. “Aside from being an absolute point of pride for the city and the region, it’s an important economic development as well.”

Chris Willenborg, manager of the airport, agreed.

“The F-35s mean a lot to the future of the 104th’s presence at the airport,” he told BusinessWest. “This decision really solidifies the 104th Fighter Wing having a mission at Barnes Regional Airport for the next 50 or 60 years; having a new fighter based here will be a significant asset for the airport moving forward.”

Meanwhile, the F-35s provide a powerful, up-close representation of an important part of the city’s economy: its precision-manufacturing shops, large and small, many of which provide parts to the defense and aerospace industries and planes like the F-35A.

Indeed, Sullivan, in talking about the presence of the precision-manufacturing sector and its importance to the region, has often noted that, when military or commercial planes fly over the region, residents can point to them and note that components of those aircraft are made in the 413.

And especially in Westfield, which boasts companies such as Advance Manufacturing, Boulevard Machine and Gear, and Peerless Precision, all of which have a number of customers in the aviation, defense, and aerospace sectors.

Tom Flaherty

Tom Flaherty says Whip City Fiber has become a $30-million-a-year business.

Kristin Carlson, president of Peerless, told BusinessWest that, after a lull toward the middle of the pandemic, business is picking up for Peerless and other precision manufacturers, who say their biggest challenge remains finding enough talented workers, especially as members of the Baby Boom generation retire in ever-larger numbers and the numbers of young people looking to get into this field remains … well, underwhelming.

“It’s still very much an employees’ market,” she said, adding that firms in this city and neighboring communities are competing tooth and nail for a very limited supply of qualified help, which is driving wages and benefits skyward and making it harder for smaller shops to compete against the larger national and international players.

While precision manufacturing remains a large and stable employer, the city’s economy is strong and diverse, said Mayor Michael McCabe, the former police captain who sought and won the corner office in 2021 and will seek a second two-year term this fall.

He noted the strong presence of manufacturing and distribution facilities, many of them located at or near the airport, as a well as strong retail (Walmart, Home Depot, and many others have locations in the city) and hospitality sectors, and major employers including Baystate Noble Hospital and Westfield State University.

It could also become home to a sprawling, $2.7 billion hyperscale data center complex planned for the city’s north side. That project and an accompanying tax-incentive financing plan have been approved by city officials, and the developers are awaiting word from the state on economic incentives it will provide to support the massive undertaking.

McCabe also cited a changing, rebounding downtown, one that will never again be the retail hub that is was decades ago, but is evolving into a collection of diverse shops and intriguing new developments, such as the housing complex taking shape in the former Lambson’s furniture store building on Elm Street.

For this, the latest installment of its Community Spotlight series, BusinessWest turns its focus on Westfield, where things are looking up — and so are people, especially when the F-35s are flying overhead, as they did at the recent airshow at Barnes and will do for perhaps the next 30 or 40 years.

 

Ready for Takeoff

McCabe said Westfield is a city that has long boasted a number of enviable assets when it comes to business and economic development. And it has taken full advantage of those assets.

That impressive list includes developable land, a commodity lacking in many area communities, especially in its North Side, which, as noted, has become home to a number of manufacturing and distribution facilities, the latter drawn by not only land but a turnpike exit, easy access to other highways, and rail service.

The list of assets also includes the university, the airport, and a municipal utility, Westfield Gas & Electric, which, through its comparatively low electric rates and expanding fiber-optic network, has become a key contributor to economic development in the city (more on that later).

As for the airport, it has long been a somewhat hidden gem, but it continues to emerge as a force in the local economy as home to not only the 104th, but also companies like Gulfstream Aerospace, where private jets are serviced, and also as a home base for a handful of jets and dozens of other planes.

“Westfield is at the crossroads of the interstates, I-90 and I-91, there’s rail access … and coupled with that is an industry-welcoming community.”

This will go down as a big year for the airport, which has thrust itself into the limelight in a number of ways.

For starters, it is celebrating its 100th birthday, Willenborg said, adding that this comes on top of the announcement of the F-35s, which brought press coverage locally, regionally, and nationally. There was also the recent Westfield International Air Show, which featured a wide range of aircraft, including the F-35A, and brought more than 100,000 people to Barnes. And just a few weeks ago, the Commemorative Air Force, a nonprofit group based in Texas, brought several vintage World War II aircraft — and thousands of spectators — to the airport.

On top of all that, Barnes is enjoying what could be called a building boom, he said, noting that there are four new hangars in various stages of construction, investments totaling between $8 million and $10 million, as well as two taxiway projects on the docket, one to start this month and the other set for next year.

Overall, the airport, which sees 50,000 takeoffs and landings each year, contributes roughly $1.2 million of direct revenue to the city, and its overall economic impact, according to a 2019 statewide study, is roughly 2,100 direct and indirect jobs and economic output of $236 million, numbers that take into account the 104th.

“The airport is definitely a major economic engine and employer here in Western Massachusetts,” Willenborg said, adding that the arrival of the F-35s is only expected to increase that impact.

 

The Jet Set

Also making a considerable impact is the city’s utility. General Manager Tom Flaherty said Westfield G&E’s rates are considerably lower than investor-owned utilities such as Eversource and National Grid, a competitive advantage that, when coupled with those assets listed above, gives the city a leg up when it comes to landing large manufacturing and distribution facilities, as well as the planned data-center campus.

One of the latest examples of the saleability of this package of assets is the arrival of James Hardie Building Products, which plans to open a construction siding factory in the former Old Colony Envelope plant in the city’s north side.

When it opens, the James Hardie plant will become the G&E’s largest natural-gas customer and one of its 10 largest electric customers, said Flaherty, adding that utility rates certainly played a role in the company’s decision to come to Westfield.

“It was a solid a mix of things — Westfield is at the crossroads of the interstates, I-90 and I-91, there’s rail access … and coupled with that is an industry-welcoming community,” he explained. “And when it narrows down to utility cost, and people are looking at cost and system reliability and the capability to meet that gas demand, Westfield has all that.”

Elaborating, he said Westfield has its own natural-gas spur that comes off the Tennessee Gas pipeline, which the G&E wholly owns, giving it — and the city — a huge advantage over communities such as Holyoke and utilities currently enforcing moratoriums on additional natural-gas service.

Another advantage — again, for both the city and its utility — is the G&E’s expanding fiber-optic business, Whip City Fiber. Launched in 2013 to provide fiber-optic service to residents and businesses in Westfield, the endeavor has become a $30 million-a-year business whereby the G&E has built out and now manages fiber-optic networks in 20 area communities — from Blandford to Goshen to Colrain — with more in the pipeline.

These include West Springfield and Southwick, said Flaherty, adding that more cities and towns in this region and beyond will be joining that list in the years to come.

“In the beginning, the broad goal was to bring an additional service to the residents and business of Westfield and, hopefully, break even,” he told BusinessWest, adding that, today, through its continued expansion in the city and to other communities, Whip City Fiber generates roughly $3.5 million in net income for the utility, money that is currently poured into expansion of the fiber-optic network to different parts of the Westfield.

Westfield at a glance

Year Incorporated: 1669
Population: 40.834
Area: 47.4 square miles
County: Hampden
Residential Tax Rate: $16.98
Commercial Tax Rate: $33.52
Median Household Income: $45,240
Median Family Income: $55,327
Type of Government: Mayor, City Council
Largest Employers: Westfield State University, Baystate Noble Hospital, Mestek Inc., Savage Arms Inc., Advance Manufacturing Co.
* Latest information available

When the entirety of Westfield is covered by the service, that revenue can be put toward other initiatives, such as the utility board’s recent vote to make additional payments in lieu of taxes to the city with the intention that they be used to upgrade athletic fields in the city.

“We’re looking to partner with the city to turf up to six fields and pay the bond for that, up to $1 million a year,” he said, adding that many of the city’s athletic fields are in need of upgrading or expansion. “That’s a project where we can give back to the community as we continue to bring in revenue from communities outside of Westfield.”

 

Soar Subject

While the F-35s are expected to provide a boost in civic pride and some stability for the 104th and the local economy, the precision manufacturers in the area are hoping they do something else — generate some interest in the field.

Such forms of inspiration are still very much needed, said Carlson, adding that, despite attractive pay rates, good benefits, and even growing flexibility in the workplace, it remains a struggle to find and retain talent, a challenge that is testing many of the shops in the city, including hers.

Hiring was an issue before COVID, noted Carlson, who was honored by BusinessWest with its Difference Makers award in 2021, primarily for her tireless work to educate young people about this sector and hopefully draw more of them into it, adding that the pandemic and its many side effects, including generous unemployment benefits, only exacerbated the problem.

“Whoever thought it could get harder for manufacturers to find good people?” she asked with a laugh. “It’s always been a struggle for our industry, and post-pandemic, it’s been even worse; somehow, I was able to fill open positions inside of a month this year, and I’m not really sure how that happened.

“There are a lot of us in Westfield who constantly have job openings, and we’re trying to fill them, as is the case with every manufacturer in the state and the country, for that matter,” she went on. “The problem is the same that it’s always been — we have a limited skilled labor force that we can pull from, and we’re all competing for the same ones.”

Elaborating, she said Westfield Technical Academy graduates 16 to 18 students a year from its manufacturing department, and there are roughly 30 shops in Westfield alone competing for those students, many of whom are brought into shops as part of a co-op program while they’re seniors, with the goal of seeing them stay with the firm in question.

Meanwhile, the pandemic had the additional effect of pushing many Baby Boomers over the retirement cliff, Carlson said, adding that this drain of experienced talent further tested shops large and small, including Peerless, which saw two long-time employees retire over the past year.

Still, despite these challenges, most shops, including Peerless, are thriving, she said.

“We had a slump last year, but we’re coming out of it, and we’re at almost 90-degree climb now, so it’s good,” she said, using an aviation-industry term to get her point across. “We’re seeing a lot of large customers who had really slowed down during the pandemic coming back in full force, and we’re seeing customers come back that we hadn’t done business with in three years because of the pandemic.”

 

Uplifting Thoughts

Speaking of 90-degree climbs … the F-35s are not expected to arrive until 2026. But already, expectations, and the overall outlook for the city, are sky high.

After years of effort and lobbying on the part of city, state, and national officials, the latest-generation F-35s will be coming to Barnes, providing — as Sullivan, McCabe, Willenborg, and others told BusinessWest — both a point of pride and an economic boost for the city and region.

It’s a lightning strike, to be sure, and one with a powerful jolt.

Law

Remote Online Notarization

By Sarah Federation, Esq. and Jeffrey Fialky, Esq.

 

Sarah Federation

Sarah Federation

Jeffrey Fialky

Most individuals have, at some point, had special documents executed in the presence of a notary public — perhaps in connection with estate planning, banking, or the purchase or sale of real estate. Massachusetts, like many other states throughout the country, has a very specific and particular set of statutory requirements for notaries’ public compliance. In fact, to become a notary, individuals must complete an application and obtain signatures of known and respected members of their community, and then swear an oath to abide by Massachusetts law.

Further, the process of a document being certified by a notary likewise follows a strict set of statutory disciplines — most notably, that the notary and the individual executing the document be physically located together, ‘in person.’ This in-person requirement has been part of the statutory regime since the inception of the notary statutes.

However, not unlike the countless other challenges that arose during the COVID shutdown, it became difficult for parties to meet in person for notary purposes. As a result, on April 27, 2020, then-Gov. Charlie Baker signed into law an act providing for virtual notarization to address challenges related to COVID. The act permitted notaries in the Commonwealth to notarize documents remotely with the assistance of electronic videoconferencing technology, but has since ended and been repealed.

As a result of the temporary change, parties throughout the Commonwealth undoubtedly became accustomed to the convenience and practicality of remote notary, with protections put in place to ensure the integrity of the process. Recognizing the benefits that came about, the Legislature has enacted a new law that will make virtual/remote notary a permanent feature of the Commonwealth.

“While Chapter 2 of the Acts of 2023 revises relevant sections of the act to continue to allow notarization via electronic means, there are notable distinctions in the revisions.”

Indeed, the Massachusetts Legislature has enacted, and Gov. Maura Healey has signed into law, Chapter 2 of the Acts of 2023, which specifically make extensive changes to notarial law in Massachusetts to become effective on Jan. 1, 2024. The substantive provisions of this law are distinctive from those in the now-repealed acts, and while the specifics of the law are currently being composed by the state regulatory lawmakers, the new law will have certain features.

Under Section 28 of Chapter 2 of the Acts of 2023, a notary public physically located in the Commonwealth may perform a notarial act using communication technology, like Zoom, for a remotely located individual if:

• the notary public has personal knowledge of the identity of the remotely located individual; has identified the remotely located individual by means of an oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the remotely located individual; or can reasonably identify the remotely located individual by not less than two different types of identity-proofing processes or services;

• the notary public is able to execute the notarial act in a single, real-time session;

• the notary public is reasonably able to confirm that a record before the notary public is the same record on which the remotely located individual made a statement or on which the remotely located individual executed signature; and

• the notary public, or a person acting on their behalf, creates an audio-visual recording of the performance of the notarial act.

 

Notable Distinctions in the Act

While Chapter 2 of the Acts of 2023 revises relevant sections of the act to continue to allow notarization via electronic means, there are notable distinctions in the revisions.

The Acts of 2023 allow for electronic notarial seals. The notary public can attach the notary’s electronic signature and electronic seal to an electronic record using a digital certificate in a manner that is capable of independent verification and renders any subsequent modification to the electronic document evident.

The Acts of 2023 allow for remote notarizations with technology approved by the secretary of the Commonwealth. A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. Any technology approved by the state secretary and selected by the notary require the notary’s electronic signature and electronic seal to be:

• unique to the notary public;

• capable of independent verification;

• retained under the sole control of the notary public; and

• attached to or logically associated with the electronic record in a tamper-evident manner.

The Acts of 2023 create a registry for individuals seeking to notarize documents electronically. Before a notary public performs the initial notarization using communication technology, the notary public must register as a remote notary with the state secretary, inform the state that they intend to perform remote notarization, and identify the technology that will be used. The state secretary will create and maintain a registry of service providers who meet the established standards.

The Acts of 2023 require that notaries be located in the Commonwealth of Massachusetts. A notary public physically located in the Commonwealth may perform a notarial act using communication technology for a remotely located individual if the notary public meets the above-referenced criteria.

The Acts of 2023 require attorney-managed closings for one to four residential homes. However, this does not extend to commercial transactions. With respect to any document executed in the course of a closing, only a notary public who is an attorney licensed to practice law in the Commonwealth, or a non-attorney under the direct supervision of the attorney managing the closing, will be able to perform an acknowledgment, affirmation, or other notarial act utilizing communication technology. Many of the activities that are necessarily included in conducting a real-estate closing constitute the ‘practice of law,’ and, as a result, the person performing them must be an attorney.

Finally, pursuant to the Acts of 2023, notaries must retain electronic records for a period of 10 years.

 

Future Implications

Naturally, one may consider what else is to come moving forward due to these revisions. The remote online notarization bill will go into effect on Jan. 1, 2024.

Pursuant to the Acts of 2023, the state secretary may require the completion of a course to address the duties, obligations, and technology requirements for conducting remote notarizations offered by the state secretary or vendors approved by the state secretary. However, if such a course is required, its duration will not exceed three hours.

In the event that this course is required, it must be successfully completed prior to notarizing any documents electronically. Most notably, certification of completion of the course would be a requirement in addition to registration with the state secretary.

The Commonwealth is no doubt following a growing trend in permanently solidifying the virtual notary revisions made in response to COVID. In doing so, it will allow both permitted attorneys and paralegals alike increased flexibility in the notarial act required when executing documents. Overall, this legislation will allow a streamlined process for attorneys and their clients in addition to the cost benefit.

While the Acts of 2023 are sure to continue evolving, it is imperative to stay informed regarding further changes, and it is our continued attention to this legislation that will allow us to provide the insight you may need ahead of the curve.

 

Sarah Federation is an associate, and Jeffrey Fialky a shareholder, at Bacon Wilson.

Law

Employers, Take Notice

By John S. Gannon, Esq.

 

John Gannon

John Gannon

A few weeks ago, Starbucks was in all the employment-law headlines, but not for good reasons. Given the publicity, you may have heard about the case of former Starbucks employee Shannon Phillips, who worked in the Philadelphia area. Phillips was a white Starbucks employee who claimed she was fired because of her race. The jury agreed and ordered the coffee giant to pay her $25.6 million in damages.

What you may not have heard about was a more local case in which a Massachusetts employee was awarded more than $24 million by a jury who found she was discriminated against because of her mental health. Here are some details about those two cases, followed by some commentary on what these employers could have done to possibly avoid the massive judgments.

 

Phillips v. Starbucks Corp.

Shannon Phillips, who is a Caucasian female, began her employment with Starbucks in 2005. She started at the company as a district manager and was promoted in 2011 to regional director of Operations for ‘Area 71,’ which included all stores in Philadelphia and several suburbs near the city. On April 12, 2018, a Starbucks location in Philadelphia made national news when two African-American patrons who were having a business meeting there were arrested for trespassing. The event sparked protests throughout the Philadelphia area.

“Employers cold to the idea of reducing legal risk by paying severance ought to be mindful of cautionary tales about the penny-wise but pound-foolish.”

Starbucks later reached a settlement with the two men and issued a public statement that “Starbucks will continue to take actions that stem from this incident to repair and reaffirm our values and vision for the kind of company that we want to be.” Because she was the regional director of Operations for the Philadelphia area, Phillips was called upon by Starbucks leadership to support and implement their post-incident efforts. According to Starbucks, however, she displayed poor leadership and “failed to perform the essential functions of her role as regional director” after the April 2018 incident. As a result, she was fired.

Phillips sued Starbucks for race discrimination, saying her Caucasian race played a role in the decision to terminate her employment. In her complaint, Phillips said she “worked tirelessly” to help Starbucks repair its image after the event in Philadelphia, but that the chain’s attempts to repair community relations resulted in discrimination against white employees. The jury agreed and awarded her $25.6 million, which was mostly comprised of punitive damages (damages assessed in order to punish a defendant when the behavior is found to be especially harmful or malicious).

 

Menninger v. PPD Dev., LP

Dr. Lisa Menninger worked as the executive director of a global laboratory-services company. Her job included operational leadership, business development, research and development, and quality-assurance functions for optimal performance within the labs.

In December 2017, Menninger met with her supervisor to discuss her performance. During this meeting, her supervisor suggested that her role would become more visible, involving increased client visits, social interactions, and presentations. This change did not sit well with Menninger. The prospect of making her more visible, with increased client visits and social interactions, caused great distress resulting in “increased anxiety with somatic symptoms.”

About a month after meeting with her supervisor, Menninger disclosed (for the first time) that she suffered from generalized anxiety disorder that includes social anxiety disorder and panic attacks. She then submitted medical documentation noting that changes to her role would increase her anxiety and make it “substantially more difficult, if not impossible” to perform her job.

In response, the business did exactly what it was supposed to do. The company communicated with Menninger’s medical provider and asked the doctor to specifically address how and to what extent Menninger could perform each task. Her doctor responded, saying Menninger could perform most job duties with some accommodations. For example, for internal and external sales presentations, she could develop the slides and other materials, but required someone else to present to the audience. Similarly, for client meetings, she could be responsible for problem solving and idea generation, but she could not attend the meetings herself. The company ultimately determined this arrangement would not work. Menninger subsequently went out on an eight-month leave of absence, which culminated in termination of her employment.

She sued her former employer for disability discrimination, claiming (among other things) that the company broke the law when it refused to provide the reasonable accommodations she requested. The jury sided with Menninger and awarded her a whopping $24 million, consisting of approximately $1.5 million in lost wages, $5.5 million in front pay (an estimate of future lost wages had she remained employed by the company), $5 million for past emotional distress, $2 million for future emotional distress, and $10 million in punitive damages.

 

Bottom Line

Massive judgments like these can leave employers scratching their heads (or, more likely, pounding their fists). One way to potentially avoid these runaway jury verdicts is to use employment agreements that require employees (and employers) to go to private mediation and arbitration to resolve employment-related disputes, rather than going to trial.

Another option is an agreement between employee and employer that, if any dispute goes to court, the case will be heard by a judge, rather than a jury. These agreements are commonly referred to as jury-trial waivers. They are lawful, but businesses should use experienced labor and employment counsel to help put the agreements in place.

Another way to avoid costly litigation is to work out a mutually agreeable separation agreement with departing employees. Yes, this will involve paying severance to folks who may not be the best performers, but in exchange, you get a release of claims from the employee and an agreement not to sue the company. Employers cold to the idea of reducing legal risk by paying severance ought to be mindful of cautionary tales about the penny-wise but pound-foolish.

Finally, it goes without saying that, any time a business is facing a risky firing, outside counsel should be engaged to discuss the situation and the best way to move forward.

 

John Gannon is a partner with the Springfield-based law firm Skoler, Abbott & Presser, specializing in employment law and regularly counseling employers on compliance with state and federal laws, including family and medical leave laws, the Americans with Disabilities Act, the Fair Labor Standards Act, and the Occupational Health and Safety Act; (413) 737-4753; [email protected]

 

Law

Parental Pitfalls

By Julie Dick, Esq.

 

Julie Dick

Julie Dick

Laws that govern familial rights and responsibilities are not always intuitively related to the continual social evolution of what it means to be a family. Many do not consider the legal realities of their family structure until a moment of crisis, and a lack of planning can cause difficult legal situations down the line.

When laws governing parentage were written, they contemplated families in which there was a biological mother and a biological father, and marriage was heavily incentivized. Since then, family structures and paths to existence have diversified. The law and society have both recognized a significant growth of LGBTQ+ visibility and rights, assisted reproductive technology has become increasingly accessible, and more children are being born to unmarried parents.

During the fight for marriage equality in the U.S., the importance of marriage to family building and parentage was one of the central talking points of the movement, and it is no wonder why. Marriage is often a social, religious, and cultural event, but it is also a legal contract that confers many protections, benefits, and obligations unavailable to unmarried people. From the right to access a spouse’s health insurance to the availability of some forms of family leave to financially significant tax and estate-planning benefits — the legal and financial impacts of marriage are broad. Until recently, those benefits, and the benefits associated with parentage, were categorically unavailable to LGBTQ+ families.

In Massachusetts, the automatic rights and responsibilities accorded to individuals within a family are still largely dependent on whether the birth parent is married. If a married person gives birth to a child, the second party to that marriage is automatically presumed to be the second parent. That parentage comes with obligations, but also rights, including a presumption of shared legal and physical custody (i.e., the right to make decisions on behalf of the minor child and to have that child live with them).

“During the fight for marriage equality in the U.S., the importance of marriage to family building and parentage was one of the central talking points of the movement, and it is no wonder why.”

Massachusetts was the very first U.S. state to allow marriage equality. A 2004 case, Goodridge v. Department of Public Health, interpreted civil marriage to mean “the voluntary union of two persons as spouses, to the exclusion of all others,” recognizing that doing so would advance the state’s interests in “providing a stable setting for childrearing.”

The decision directs the reader of Massachusetts marriage laws to interpret terms like ‘husband’ and ‘wife’ in a gender-neutral way. In 2015, marriage equality became available nationwide with a landmark case, Obergefell v. Hodges, in which the Supreme Court’s majority opinion boldly stated that “no union is more profound than marriage,” recognizing that it is so essential, in part, because it “safeguards children and families.” By accessing marriage, LGBTQ+ families can now access those automatic presumptions of parentage available to married people.

 

Sticky Situations

What if a child is born to an unmarried parent? In Massachusetts, the law views this family very differently. When the birth parent is unmarried, they have automatic sole legal and physical custody of the child. A second parent can establish their legal parentage by signing an acknowledgment of parentage or by asking a court to determine they are a parent. It was not until a 2016 case, Partanen v. Gallagher, that parents who were not the birth parent and not biologically related to the child (often the case for LGBTQ+ parents) could establish parentage under this law.

However, establishing parentage here in Massachusetts through either of these avenues is not the same as safeguarding parentage across jurisdictions, or across time in a changing legal landscape. Laws governing marriage and parentage are not necessarily entitled to comity — mutual respect and enforcement — between states or countries. A marriage or birth certificate that is recognized as valid in Massachusetts may not be recognized as valid in another jurisdiction. Parentage is only legally meaningful so long as the jurisdiction considering it agrees to give it meaning.

Future disputes with a co-parent and international travel pose two common points of risk when it comes to parentage.

Imagine you are in a committed relationship but haven’t gotten married. You and your partner decide to have a child together, and with the help of assisted reproductive technology, your partner carries a child. You present that child to the world and your family as your own and live together as a family raising the child. Eventually, your relationship breaks down, and your former partner now claims you are not a parent of your child and should not be awarded custody or parenting time. That was the scenario in Partanen v. Gallagher, where the ensuing argument involved years of contested litigation.

Occasionally, birth parents (married or not) have tried to take advantage of another state’s less LGBTQ+-friendly laws. By filing for divorce or custody in a state where the laws are not as inclusive, a birth parent may seek to interrupt the other’s legal parentage or gain an upper hand in custody or parenting time determinations.

In one infamous case, a birth parent residing in Vermont was dissatisfied with the state’s orders recognizing her former partner’s parentage of their child and filed a new case in a Virginia court, which denied the lesbian second parent’s legal parentage altogether. The resulting multi-state legal proceedings lasted years and involved multiple appeals. Ultimately, the birth parent kidnapped the child to Nicaragua and successfully remained in hiding until the child was 18.

The risks the accompany international travel can be even more surprising. Picture this: you’re on vacation with your family, and your child — born to your spouse during your marriage using reproductive technology — falls ill. Will the hospital allow you in the room? Give you information? Let you make vital medical decisions? Let you take your child home? “It depends” is hardly a comforting answer.

 

Adoption as an Answer

For those wishing to decrease that uncertainty, adoption may be the answer. A 1993 case, Adoption of Tammy, confirmed that an existing legal parent and their co-parent can together adopt their own child to secure their parentage in Massachusetts and across jurisdictions.

Sometimes called a confirmatory adoption, marital adoption, or second-parent adoption, this was one of the first tools available for LGBTQ+ families to establish parentage of their children and remains the most secure. Unlike a marriage or a birth certificate, an adoption is entitled to comity across jurisdictions. In Massachusetts, it is a widely available legal proceeding which can stand alone or in addition to an acknowledgement of parentage or marriage to secure a non-birthing parent’s parentage.

In an internationally varied and ever-evolving legal landscape, consider utilizing the law to protect your family so you know what to expect when the unexpected happens.

 

Julie Dick is an attorney at Bulkley Richardson, where she leads the firm’s family-law practice.