What's New In Open Government...

A continuing series linking to reports about open government issues around Massachusetts. The following are stories about open government issues that appeared during the first half of October 2008:

Police Board Not Bound By Meeting Law
(October 1, 2008, Media Law Blog, Robert Ambrogi)
Attorney Robert Ambrogi’s blog entry on the Hampden County DA’s ruling that a board set up by the Springfield Mayor to review citizen complaints against the police department was not subject to the Massachusetts Open Meeting Law. The post links to a story in the Springfield Republican about the ruling. As Robert Ambrogi states,

This outcome nevertheless begs the question: Why not comply with the open meeting law? In other words, even though a committee is not required to follow the law, it is clearly permitted to do so. If the function of this board is to build citizen confidence in the Springfield police department, then shouldn't the board conduct its business in public view? The answer seems easy to me.

Inpunity Restraint Subdue Award
(October 2, 2008, Urban Compass website, Heather Brandon)
Another piece on the Springfield Community Complaint Review Board (“CCRB”), this one is written by Heather Brandon who maintains the Urban Compass website. It includes the text of a proposed ordinance which will subject the CCRB to the Open Meeting Law.

Dean Scolds Adams Board Over Open Meeting Law
October 2, 2008, North Adams Transcript, Ryan Hutton
A member of the Adams Board of Selectmen chastised other members for not attending Open Meeting Law training. Apparently, the Adams Board has run into some problems with the Open Meeting Law relating to the departure of the Town Administrator. According to the article, they also have some difficulties understanding the Pubic Records Law.

DA's Office Mulling Milford Open Meeting Law Complaint
(October 2, 2008, Milford Daily News, Danielle Ameden)
More on the complaint filed with the Worcester County DA’s office against the Milford Board of Selectmen, alleging a violation of the Open Meeting Law.

Violated Open Meeting Law/Who's Next?
(October 3, 2008, Milford Daily News, Aaron Wasserman)
Article about the Norfolk District Attorney's office ruling that Milford town officials violated the state's Open Meeting Law when appointing a new Finance Committee this past summer. Apparently the violation was mainly due to an inappropriate use of email.

Watertown Town Council Might Have Broken Sunshine Law
(October 3, 2008, Wicked Local Watertown, Steve Bagley)
A Watertown Town Council member alleges that the Town Council’s decision to go into executive session to discuss transferring town employees into the General Insurance Commission's Group Insurance plan was a violation of the Open Meeting Law.

Candidates Differ On Pike Tolls, Income Tax
(October 5, 2008, Milford Daily News, Aaron Wasserman)
...but agree on the Open Meeting Law. This is an article about a debate between the two candidates running for the 8th Middlesex representative seat. Both candidates agree that the Massachusetts Legislature should be subject to the Open Meeting Law:

"It can be challenging making difficult decisions in open forums, but that results in better decisions," said [Democratic Carolyn] Dykema, referencing her time on the Planning Board. [Republican Daniel] Haley said the Open Meeting Law exemption "is not democracy," referring to his time in Romney's administration, trying to pass several bills as lawmakers jockeyed behind the scenes.

Springfield Councilors Push For Open Meeting Law Rules For Police Complaint Review Board (October 7, 2008, The Republican on Masslive.com, Mike Plaisance)
Another article about the Springfield Community Complaint Review Board and an attempt by some City Council members to pass an ordinance making the Board subject to the Open Meeting Law.

Retreat Concept Advances
(October 10, 2008, Amherst Bulletin, Mary Carey)
According to this article, the Northwestern District Attorney’s office has decided it would not be a violation of the Open Meeting Law if the Regional School Committee holds a private retreat as long as they limit their discussions to how they can work together and do not discuss school district policy. The private retreat is to engage in teambuilding. (The DA’s ruling seems wrong, or, at the very least, a bit naive.)

Keep It Open Public Excluded From Decision-making In Charlton
(October 15, 2008, Worcester Telegram and Gazette, Editorial)
Editorial about the Worcester DA finding that the Charlton Board of Selectmen violated the Open Meeting Law when it held its review of the town administrator’s job performance in executive session. Robert Ambrogi describes the details on his Media Law blog.