What's New In Open Government...

A continuing series linking to reports and stories about open government issues around Massachusetts. I was in Washington, D.C., for about a week to attend the inauguration and visit with friends. I have been trying to catch up ever since. The following are listings posted to the web from the end of December 2008 until mid January 2009:

ACLU calling for B-R recruiting records
Dec. 26, 2008, Gate House News Service, Susan Parkou Weinstein

Article about ACLU’s attempt to obtain records from the local school committee relating to military recruiters’ access to Bridgewater Raynham high school students and the difficulty it has had.

Massport holds its cards close
Jan. 4, 2009, The Boston Globe, Nosh Berman

Includes discussion about frequent executive sessions by Massport Board.

Internet Tools For E-democracy In Urban Planning
(source:goodspeedupdate.com)
Jan. 7, 2009, Open-source wonen

References Common Cause Massachusetts Campaign for Open Government.

Council sends right message on ‘executive session’ leaks
Jan. 8, 2009, Worcester Telegram and Gazette, Editorial Footnote

Commenting that the Worcester City Council correctly passed rule that would refer to the State Ethics Commission any cases in which an official is found to have leaked information discussed in an executive session.

Public or private? Meeting-notice shifts led to 2nd School Committee retreat
Jan. 10, 2009, YourArlington.com, Bob Sprague

Article about attempts to keep an Arlington school committee retreat private.
Maybe the best thing would be to recognize that most meetings of a public body should be public.

Fleury's posts filled in Pelham
Jan. 16, 2009, Amherst Bulletin, Mary Carey

Example of use of exemption to go into executive session.

Middleboro: Home of Mushroom Farming
Jan. 18, 2009, Middleboro Review Blog

Musings about town website and public records. “Just when you think Middleboro might be moving forward, making progress and moving into the appropriate century, you realize that the dinosaurs have prevailed!”

ACLU Public Records Request Still Unanswered, State Sends Second Letter to City Seeking Explanation
Jan. 21, 2009, Worcester Independent Media Center blog

Posting about City Manager’s apparent failure to respond to a public records request by the Worcester ACLU.

New Ideas In Open Government.

Often the items I post are about when a Massachusetts governing body or public official fails to comply with the Open Meeting Law or the Public Records Law. I thought I would try something new; a post about a community that exceeds what is minimally required. The town of Barnstable is one such community. It makes available on its website videos of past meetings of a number of town boards and committees, including the Barnstable Town Council. So anyone who could not attend a meeting in person or watch the local cable broadcast of a meeting on television can now view it online at their convenience. The town also puts out a monthly newsletter from town officials, The Barnstable Bulletin, which can be downloaded from the website or emailed to anyone who signs up to received it via email. In addition, detailed budget information is also posted on the website, as is a weekly newsletter from the town manager. These are just some examples of what a community can do to provide its citizens with greater access to information about what their public officials do.

What's New In Open Government...

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

Court May Decide Police File Release
Dec. 11, 2008, The Worcester Telegram and Gazette, Thomas Caywood
“The Telegram & Gazette intends to ask a judge to force the Worcester Police Department to release details of four citizen complaints made against Officer Mark A. Rojas…” The public records released were covered in redactions.

A Blog Posting with Boston City Councilor Yoon’s Proposals to Provide More Public Information.
Dec. 11, 2008, Sunshineboston blog

Ask a Punk for Records…
Dec. 15, 2008, On Brookline, Jim Conley
Description of problems in obtaining public records from the town’s Treasurer.

DA: ‘Coffee’ Violated Open Meeting Law
Dec. 16, 2008, The Harvard Post, Shaun Moriarty
More on the Harvard School Committee’s “flagrant and egregious violation” of the Open Meeting Law. They still do not seem to get it.

Our View: Why the Secrecy?
Dec.17, 2008, The Salem News, Editorial
This link is from Robert Ambrogi’s excellent Media Law blog. According to the editorial, the Haverhill School Committee went into executive session to discuss a $300, 000 overdue electric bill that was kept secret from the public and from at least one of the school committee’s members.

Medway Selectmen Followed Open Meeting Law Correctly
Dec. 25, 2008, The Milford Daily News, Aaron Wasserman
The title says it all, except the quotes by public officials in the article are a little disturbing.

The “Reasonable” Cost of Public Records
Dec. 30, 2008, The New England First Amendment Center Blog, Coleman Herman
Blog Posting about the costs of public records requests in Boston.

State Upholds Records Denial by Dennis-Yarmouth School District on Toilet Water in Bottle, Failure to Evacuate School During Fire
Dec. 31, 2008, Cape Cod Today, James Kinsella
Denial of Cape Cod Today’s request for two disciplinary records was upheld by the Public Records Division. Records requested were held to be exempt from disclosure.

What's New In Open Government...

A continuing series linking to reports and stories about open government issues around Massachusetts. The following are stories about open government issues that appeared from November 24, 2008 to December 7, 2008

Happyland For Lobbyists
Nov. 24, 2008, The Boston Globe, Globe Editorial
Editorial on the work of Governor Patrick’s task force on public integrity. The Editorial states in part,

Even the work of the governor's task force on public integrity can be part of the problem. Its working meetings are closed to the public because the deliberations of an advisory body, voluntarily assembled by the governor, are not subject to the state's open meeting law. Massachusetts is a long way from transparency

9-1-1 Calls Need an Emergency Rescue
Nov. 26, 2008, The New England First Amendment Center Blog, Mary Schwager
A great piece about whether 911 calls are public records. (Full disclosure: I occasionally write for the NEFAC blog and serve on the New England First Amendment Coalition Board.) Mary subsequently posted the response she finally received from the Secretary of State’s office on the issue.

Sad News For the 200 Barnstable Teachers Who Will Eat Their Last Thanksgiving Day Dinner on Cape Cod Today…..
Nov. 27, 2008, COG… Can the Override Group weblog
Posting questions whether the Barnstable Airport Commission is subject to the Public Records Law. According to the post, the Commission has refused to turn over a copy of a lease document to which it is a party.

School Board Lawyer: Fischer Flap Unfounded
Nov. 27, 2008, The Herald News, Will Richmond
Fall River Superintendent of Schools files a Superior Court complaint alleging violation of Open Meeting Law by the School Committee relating to actions concerning the Superintendent’s contract and job performance.

DA Weighs In On Open Meeting Questions
Dec. 1, 2008, Dartmouth Hitching Post weblog
Posting of letter from the Bristol County District Attorneyconcerning whether the Dartmouth Board of Selectmen violated the Open Meeting Law when it went into executive session to discuss expiration of the Town Administrator’s contract. The complaint was filed by the former Town Administrator.

Police To Air Complaints Against Officer
Dec. 2, 2008, Worcester Telegram and Gazette, Thomas Caywood
More on trouble the T&G had in obtaining public records from the Worcester Police Department. Police Department finally releasing records requested in August. Link to story found on Masscops.

Town Manager Evaluations Become Public Record
Dec. 3, 2008, The Billerica Minuteman, Max Bowen
Billerica Board of Selectmen vote to make member evaluations of town manager public records.

State Ethics Chief: Fines 'Not A Meaningful Deterrent Or Penalty'
Dec. 5, 2008, BelmontCitizen-Herald, Kyle Cheney and Jim O’Sullivan, State House News Service.
Report on public hearing of Governor Patrick’s task force on public integrity during which some speakers called for changes to the Open Meeting Law and for open meetings of the task force.

Guilty, Again
Dec. 5, 2008, Nashoba Publishing
Article is half-way down on the web page. According to the piece, the Harvard School Committee has again been found guilty of violating the Open Meeting Law. As the article reports,

This time, a quorum of the committee held an unposted "coffee" to which townspeople were invited to talk about the performance of the school Superintendent. There were no minutes kept. Unbelievably, Chairman Stu Sklar said that since the three members didn't speak to each other, the coffee did not qualify as a government meeting.

The article also mentions a problem the Harvard Board of Selectmen may be having with understanding how the Open Meeting Law applies to the use of emails.

Forum: Panel Hears Proposed Changes To Ethics Law
Dec. 7, 2008, The Eagle-Tribune, Steve LaBlanc
More on the public hearing held by Governor Patrick’s task force on public integrity.

Mass. Engaged In Debate To Toughen Ethics Laws
Dec. 7, 2008, The Boston Globe, Steve LeBlanc
The Globe weighs in on the public hearing held by Governor Patrick’s task force on public integrity. Article mentions testimony by Rep. Jennifer Callahan, D-Sutton, who proposes to make the legislature subject to the Open Meeting Law.

What's New in Open Government...

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

$165K claim is paid by town
(Oct. 17, 2008, Worcester Telegram and Gazette, Aaron Nicodemus)
This story was possible because the T& G made a public records request and obtained a copy of the settlement agreement in a sexual harassment case despite an agreement containing a nondisclosure clause.

Zoning Board Member Adds to Controversy
(Oct. 20, 2008, SouthCoastToday.com, Joe Cohen)
After four ZBA members who rejected the Victoria Riverview project with little discussion, New Bedford Economic Development Council President Anthony R. Sapienza formally requested Bristol County District Attorney Sam Sutter conduct an investigation of whether the Massachusetts Open Meeting Law had been violated.

Lawrence School Committee Member
(Oct. 20, 2008, The Eagle-Tribune, Mark E. Vogler)
In this story, the Lawrence School Superintendent reportedly told a school committee member that he would no longer receive written answers or copies of public records in response to his written requests for information. Instead, the member will have to schedule a meeting with the School Superintendent to discuss any questions in person.

DA: Selectmen violated Open Meeting Law
(Oct. 21, 2008, Milford Daily News, Danielle Ameden)
The Worcester County District Attorney’s office determined that the Milford Board of Selectmen violated the Massachusetts Open Meeting Law when it met with a developer in executive session. The newspaper had filed the complaint with the DA’s office.

Public Records Should Be Public
(Oct. 22, 2008, The Boston Globe, Coleman Herman)
Op-ed piece about report the author wrote for Commonwealth Magazine which can be found here.

A Need for Transperancy Brings Me Back to the Air Waves
(Oct. 22, 2008, The Pioneer Institute Blog, Liam Day)
Liam Day of the Pioneer Institute public policy research group weighs writes in favor of openness in government, particularly at the Boston Redevelpment Authority.

Charlton Notebook
(Oct. 24, 2008 Worcester Telegram and Gazette, Debbie LaPlaca)
About 50 members of 36 town boards, committees and departments recently attended workshops on the state Open Meeting and Conflict of Interest laws at the town hall.

Party World Space to Become Offices
(Oct. 24, 2008, The Republican, Frank Contrada)
Northampton Planning Board receives training in the Open Meeting Law and other topics. The Board receives a discount from its insurer because the training reduces the risk of lawsuits.

James Vittorioso: Sunshine Troublemaker of the Week
(Oct. 24, 2008, State Sunshine and Open Records Blog)
More on the Lawrence School Committee situation.

Keeping local government doors open
(Oct. 26, 2008, MetroWest Daily News, Editorial)
Editorial about Open Meeting Law violations by the Milford Select Board and the Milford Finance Committee Appointing Committee.

Paving contract nixed in Medway
(Oct. 26, 2008, The Milford Daily News, Aaron Wasserman)
Can also be found posted here. The following quote says it all:

“I think what's important here is what we're all trying to do is gather information to make a decision on what we could do," said Selectman Andrew Espinosa. He added he is "sick and tired of being accused of violating (the) Open Meeting Law because I have conversations to gather information to make the right decision for the town. You know what? I'm going to continue to do that."

A Call for a Public Access Task Force
(Oct. 27, 2008, Media Law Blog, Robert J. Ambrogi)
Blog post by the ever vigilant Robert J. Ambrogi, who is a lawyer and the executive director of the Massachusetts Newspaper Publishers Association. He is on to something, especially as to whether it makes sense to continue to have the public records law and the open meeting law as two separate pieces of legislation with two separate means of enforcement.

Lodge: Patrick locks out the public
(Oct. 31, 2008, Metrowest Daily News, Richard K. Lodge)
This is an op-ed piece about the Governor’s meetings behind closed doors with public officials in Salem, New Bedford, Fall River, Quincy, and now Framingham.

Wilkerson fallout: What about the Open Meeting Law?
(Oct. 30, 2008, Universal Hub blog, Adam Gaffin)
A blog post pointing out the Open Meeting Law implications of the Dianne Wilkerson scandal. The page also links to an interesting post by Robert Ambrogi, who points out the irony of Wilkerson’s support for strengthening the Open Meeting Law.

For more stories and commentary, check out the blog at the New England First Amendment Center, a joint project by the New England First Amendment Coalition and Northeastern University.

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.

What's New in Open Government...

A continuing series with news about open government issues around Massachusetts. The following are stories about open government issues that appeared during the second half of September:

City Council Reviews Open Meeting Law
(Sept. 16, 2008, The Roslindale Transcript)
Another story about the Boston City Council’s Open Meeting Law confusion.
Contains a great quote from At-Large City Councilor Sam Yoon: “‘The public has the right to know what we do on the council. Open government is good government … That’s one of the reasons I ran for office, to bring in more people into the process,’ said Yoon. ‘So I think that’s something we need to have in mind at all times as we go about this.’”

A Brief History of Open Meeting Law Complaints in Amherst
(Sept. 19, 2008, Amherst Bulletin)
Brief run down of unfounded claims of violations and violations of the open meeting law. The Amherst town meeting tried to pass a bylaw in 2007 imposing fines on violators.

West Side Gets It Right; Hub Goes Awry
(Sept. 21, 2008, The Republican)
More on the Boston City Council Open Meeting Law matter.

Open Meeting Training Planned in Pittsfield
(Sept. 23, 2008, iberkshires.com)
Story about Pittsfield public officials receiving training sponsored by the Berkshire DA and the Secretary of State’s Public Records Division on the requirements of the open meeting law. Good to see some public officials are being trained at least.

Williams Gets $37,000 Settlement Agreement
(Sept. 24, 2008, The Nantucket Independent)
Story describes the trouble the newspaper had obtaining a copy from the town of the settlement agreement in an employment matter. The town released the document only after it was ordered to do so by the Public Records Division of the Secretary of State’s office.

Uncovering the Hidden Health Hazards at Restaurants
(Sept. 27, 2008, The Metrowest Daily News)
This is a story about access or the difficulty of obtaining access to health inspection reports. The Patriot Ledger attempted to obtain the reports from 6 local health departments and reported on its results.

What's New In Open Government...

Continuing with my post from yesterday... here are some more stories that appeared in the first half of September:

Police Logs Aren't Public?
(Sept. 12, 2008, Greater Grafton Blog)
This is a post about the trouble the reporter had when she asked to review the police log at the Grafton Police Department. M.G.L. chapter 41, section 98F, which is set out in the post, requires that police logs be open to the public.

Boston City Council to Fight for Private Meetings
(Sept. 14, 2008, Left of Boston blog)
This is a post on a blog maintained by a student. It is another piece about the Boston City Council's complaints about the Open Meeting Law.

Sewer Plan Too Large and Costly
(Sept. 15, 2008, SouthCoastToday.com)
Although this article is about a dispute over the installation of sewer systems in Mattapoisett, the author mentions the problems he had with obtaining information from the local government:

I am opposed to the proposed system because the town has yet to release a list of properties that will be connected to it. I have been forced to request the data through the Massachusetts Public Records Law, yet the town has yet to comply. Why would the town withhold information? Perhaps the data the town has used is distorted.

Wishes He Was in Ipse Dixit
Sept. 15, 2008, Marry in Massachusetts blog)
Another piece about the Boston City Council's complaints about having to comply with the Open Meeting Law, with a little background on some of the players.

Next posting: What issues arose during the second half of September?

What's New in Open Government....

Or what's not. The following is a listing of some published articles from August 2008 concerning open government issues around the state:

Is Dartmouth Following Open Meeting Law?
(August 20, 2008, South Coast Today)
A letter to the editor of South Coast Today questioning whether members of the Dartmouth Select Board understand the open meeting law requirements for preparing executive session minutes. BTW, the handwritten notes referred to in the letter are a public record and must be produced if requested if it will not defeat the lawful purposes of the executive session. (M.G.L. c. 39, section 23B.)

Executive Session Questioned
(August 20, 2008, Milford Daily News)
The Daily News asked Worcester County DA to investigate whether selectmen violated Massachusetts Open Meeting Law by voting to meet with a casino-resort developer, David Nunes, in executive session, where neither the media nor the public could not be present. The article includes a link to a copy of the letter to the DA.

Keeping Amherst Affordable: So Much for 'Open' and 'Accountable'
(August 22, 2008, Amherst Bulletin)
Article about Blue Ribbon Task Force appointed by Amherst Town Manager. Apparently the Blue Ribbon Task Force had not been following the Open Meeting Law requirements (which appears not to apply to the Task Force) even though the town manager had in the past stated a commitment to the principles of transparency and openness in government.

Monson School Committee vote ousts chairman Edward Maia
(August 22, 2008, The Republican)
This article, which is about the surprise ouster of Edward A. Maia as chairman of the School Committee, reports that when he was asked whether he thought "the action was connected to the Open Meeting Law inquiry he filed with the Hampden County District Attorney's office regarding possible violations by School Committee members, Maia responded, 'Oh
yeah.'"

Two Raises for Laboy Rejected
(August 23, 2008, Lawrence Eagle Tribune)
Article questions whether school committee violated the Open Meeting Law when it went into executive session to consider whether to give the School Superintendent a raise.

Laboy's Raise Not a Matter For Secret Meeting
(August 25, 2008, Lawrence Eagle Tribune)
Editorial regarding the Lawrence School Committee's decision to go into Executive Session to consider a raise for the Superintendent of Schools in violation of the Open Meeting Law.

Link to this blog and the Massachusetts Campaign for Open Government
(August 26, 2008) On a blog entitled "Through the wire..."

Monson E-mail Review Results Mixed
(August 28, 2008, The Republic)
More on the complaint filed by the former Chair of the Monson School Committee. The DA's response does sound weak, even if it may be consistent with the letter of the law.

DA's Stolen Handgun Not Entered in Database
(August 29, 2008, CapeCodToday)
A good example of when a public records request is made and what the possible results could be.