At its meeting on Tuesday, the Malden City Council voted 8-2 to appropriate a one-time $300,000 payment to fund a legal settlement between the City of Malden and Tufts Construction Inc. The decision heads off a trial thanks to a deal reached just days before the court was set to impanel a jury. However, the source of the funds — the city’s Water and Sewer Enterprise Fund retained earnings — raised questions, as did the process of entering into the agreement.
As background, in a 2021 complaint, Peter Tufts, owner of Tufts Construction, alleged that Malden failed to pay invoices for excavation and lead service line work and that Yem Lip, the city’s director of engineering, provided negative references to Everett, Winthrop and Melrose as retaliation for requesting payment. Tufts’ complaint states that Lip’s poor reviews were unfounded and caused “substantial financial harm” to the construction firm, allegedly leading to the loss of 13 subsequent contracts worth potentially $19 million. Last year, a jury trial ended in a mistrial based on a question about Tufts’ criminal convictions that the court ruled was meant to prejudice the jury against the plaintiff.
For the current settlement agreement, City Controller Charles Ranaghan said the enterprise fund was selected because all contracts held by Tufts Construction with the city were related to water and sewer projects.
Ward 4 Councilor Ryan O’Malley contended that the city’s legal team entered into a “contractually binding settlement agreement without settlement authority” from the City Council. O’Malley characterized the move as an “ethical failing” and suggested the settlement was essentially paying for a defamation claim using funds designated for water infrastructure.
“If a member of our water department took a copper water pipe and decided to murder someone while on the job, would we be able to settle the murder case with water and sewer enterprise funds?” O’Malley asked.
He urged the council to refer the matter to the Finance Committee rather than suspending the rules to vote on funding the settlement. That is, in normal order, any appropriation would be referred to and reported on by the Finance Committee before the full Council acts. However, due to a court-mandated deadline of Feb. 19 to finalize the settlement, the Council chose to bypass the Finance Committee review in the interest of responding expeditiously.
Malden Special Counsel Mark Rumley defended the timing and nature of the agreement, saying the Mayor’s office holds the executive authority to agree to the settlement, while the Council’s role is to appropriate the needed funding. Rumley cautioned that if the Council did not approve the funds by the Feb. 19 deadline, the city could face sanctions or a much larger payout. Tufts’ complaint asks for in excess of $250,000 in outstanding invoices as well as millions in damages based on lost contracts and reputational harm.
“I assure you this, a jury would have come back in a place which was, in my estimation, much higher than the agreed settlement,” Rumley said, arguing the payout was a prudent risk management decision.
City Solicitor Alicia McNeil and Ranaghan assured the Council that the use of Water/Sewer funds was legally permissible. The Council voted 8-2 to take the vote without Finance Committee review and 8-2 to approve the expenditure. O’Malley and Councilor at Large Karen Colón Hayes voted in the minority, with Colón Hayes citing transparency concerns, saying that while the Council had been briefed in an executive session, the public had not been afforded the standard committee presentation usually required for financial transfers.
The Council also addressed a related Open Meeting Law complaint filed by resident Bruce Friedman. Friedman alleges that the stated reason for a Jan. 20 executive session called to update the council on developments around the case was invalid; that reason was that an open discussion about resolution to a civil action may have a detrimental effect on the city’s litigation position. O’Malley agreed with Friedman’s point, arguing that the settlement discussion could have occurred during a regular meeting.
The Council voted 8-1 to refer the OML complaint to the City Solicitor’s Office for investigation and response.
Malden Reads announces “Sweet 16” selection
Jodie Zalk and other representatives from the Malden Reads community reading program presented “Our Missing Hearts” by Celeste Ng as their 2026 One City, One Book selection. This is the 16th year the program has run, and the committee selected Ng’s book to explore themes of civic ideals, democracy, and the power of art to resist oppression. The novel is a dystopian tale about a 12-year-old boy, Bird Gardner, who searches for his mother, a Chinese-American poet who disappeared after her work became a symbol of dissent.
These themes were chosen to align with the upcoming 250th anniversary of the American Revolution and Malden’s historical role in declaring independence from Britain. Programming will include a kickoff event on Feb. 9 from 6:30 to 8:30 p.m., at the Malden Public Library, featuring protest music from the band Tale Spin, fronted by chef, musician and former Malden resident David Stein and his wife, Sue, among a wide range of activities.
There’s a full list of planned event highlights, and the community is invited to attend. Residents can borrow “Our Missing Hearts” from the library circulation desk with their Malden Public Library card. Companion books and activities for younger readers will also be offered to the community.
Federal immigration enforcement order referred to committee
The Council discussed a proposed order regarding the use of city resources for federal immigration enforcement, sponsored by Ward 6 Councilor Stephen Winslow and Councilor at Large Carey McDonald. The order states:
“That, as a diverse and immigrant-rich community, the limited resources of the City of Malden shall be fully dedicated to address the local needs and priorities of Malden’s residents, businesses and visitors. The goal of this order is to provide for a safe, livable and welcoming community for all. No city employees, departments, appointees, processes or representatives shall assist in fulfilling the unique and separate responsibilities of the Federal government, including immigration enforcement, or cooperate with any Federal agencies or policies contrary to the stated goal of this Order. This Order shall be followed to the maximum extent permitted by law, provided that it shall not require the City to break pre-existing contracts or agreements with Federal entities.”
Malden Police Chief Glenn Cronin pushed back on the proposal, saying it’s open to various interpretations and that many existing local, state and federal partnerships are “not discretionary, and they’re certainly not political.” Instead, Cronin described these partnerships as a source of invaluable assistance and intelligence.
Cronin listed a number of specific federal partners that the Malden Police Department depends on to address serious crimes, including a DEA (Drug Enforcement Administration) partnership to combat narcotics trafficking and the US Secret Service helping with a cyber attack. He cited a recent case where Malden detectives worked with the FBI to secure a conviction against a man for sex trafficking a minor who was a Malden resident and warned that the proposed order to limit federal cooperation was “irresponsible” and would place the community “in the dark, out of touch and in danger.”
McDonald emphasized that the proposed order is not about Minneapolis, but Malden, and is not intended to hinder criminal investigations or the daily operations of the police department.
“Family separations are happening in our community, and they’re happening right now,” McDonald said. “I witnessed a deportation arrest on my street that was a parent taking a kid to school, and they arrested the parent. That’s the reality of what’s been happening in Malden for some time.”
McDonald acknowledged Cronin’s concerns regarding the language and unintended consequences of the order and sought to clarify the purpose as aimed at preventing involvement in civil immigration enforcement — something Cronin stressed Malden PD does not and will not do — rather than legitimate criminal investigations involving federal agencies. It is not, they said, about sanctuary.
Winslow drew a direct parallel between the current debate over federal immigration enforcement and Malden’s history. He cited historical records from May 1776, noting that 250 years ago, Malden residents spoke out against a King who “undertook a frantic policy of administration and sent troops and warships intended to awe us into submission.”
“Despotism can move stealthily,” said Winslow. “We have to be ready as a community.”
Winslow called the Malden Police Department a shining example of how to make a city as diverse as Malden safe. Ward 5 Councilor Ari Taylor noted that Malden Mayor Gary Christenson signed on to an amicus brief, along with a coalition of mayors across the country, in support of a lawsuit filed by the State of Minnesota and the Twin Cities that seeks a court order to end the ICE actions in Minneapolis and St. Paul.
The Clerk reported receiving 36 emails regarding the order, with 33 in full support. Proponents cited recent alleged abuses by federal agents in Minneapolis and local fears regarding ICE presence in Malden.
Acknowledging the need to refine the language to avoid unintended consequences for public safety, the Council voted to refer the matter to the Public Safety Committee for further deliberation.That committee is chaired by Ward 2 Councilor Paul Condon, who said he refused to paint all federal officers with one brush.
“I’m sure there are some good officers on the ICE team, and until they come into the city I’m not going to make up my mind,” said Condon. “I really don’t see the people of Malden acting in a way the people of Minnesota act. I’m sorry. I refuse to believe that.”
Early voting scheduled
The Council unanimously opted for in-person early voting for the 2026 Special Municipal Election and designated the City Clerk’s Office, at 215 Pleasant St., Room 220, as the central early voting location during regular City Hall business hours from Monday, March 16 through Thursday, March 26.
The Special Election will ask voters to weigh in on both $5.4 million and $8.2 million Prop 2 ½ overrides.
Admin items, appointments & announcements
Property sales: The Council voted unanimously to sell five properties currently held by the city due to tax title foreclosure, following a recommendation from the Public Property Committee. One property, at 141 Pierre St., is currently owner occupied, and City Treasurer Dan Grover is working to resolve the tax issues.
Affordable Housing Trust: The Council approved the mayoral reappointments of Angie Liou, Roxanne Reddington-Wilde and Brian Slater to the Affordable Housing Trust Fund Board. Councilors noted that while Liou and Slater are not Malden residents, their specific expertise in housing development and finance is critical for the board.
Snow removal: During personal privilege, councilors praised the Department of Public Works (DPW) and Director Bob Knox for their hard work during the recent snowstorm. Knox is leaving his position to work for the City of Everett.
Very Vinyl Valentine’s celebration: Winslow announced the second annual Very Vinyl Valentine’s event, organized by the Maplewood Association to raise money for spring flowers in Maplewood Square. The event is scheduled for Sunday, Feb. 15, from 5:00 to 7:30 p.m. at Patrick’s. Attendees are encouraged to bring vinyl records to play.
Juneteenth music bingo: Colón Hayes announced a music bingo fundraiser to support the city’s Juneteenth celebration. The event will take place on Feb. 27, during Black History Month, from 6:30 to 9:00 p.m. at the Irish American. Tickets are $30 for five cards.
Governance and executive power: O’Malley used his personal privilege to reiterate his concerns regarding the earlier vote on the Tufts Construction settlement. He argued that concentrating power in the executive branch — whether at the national or local mayoral level — can “go off the rails” and emphasized his belief that the Council should have been asked to approve the settlement before the agreement was entered into.
He also wished the chamber a “confusing Groundhog’s Day,” noting he is unsure of the specific rules regarding the shadow and the rodent.
This is a re-cap of the 1-27-26 City Council meeting. The full meeting can be viewed at this link.
This reporting is incorrect on several fronts, including and perhaps most importantly that the $300,000 payment is just the first of three, you completely missed this.
This is a recap of the Jan. 27 City Council meeting only and does not cover the closed executive session. There was no mention during the Council’s open meeting of a settlement amount in excess of $300,000, though of course payment could be made in multiple fiscal years. We have reached out to city counsel for any information that can be provided on the proposed settlement beyond what was discussed in the open meeting. If we receive insights from executive session discussions, we will add that information to the article.