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To the Editor,
After so many recent Open Meeting Law violation complaints filed against them, one would think that Select Board members might pay more attention to Massachusetts General Law (MGL) regarding what constitutes an Open Meeting Law violation. It appears that Select Board members Chris Haley and Carlo Bacci still do not understand the basics of Open Meeting Law. That is unfortunate for the entire Town of Reading. And Bacci had promised to do better last time he acknowledged violating OML. At the March 22 Select Board meeting, the Parking Advisory and Recommendation Committee (PARC) members were in attendance at the SB meeting, and SB member Chris Haley, a PARC member, began to speak. PARC member and long-time CPDC and Town Meeting member John Weston interrupted and asked if the PARC needed to be called to order, necessary when a quorum of any board or committee meets. Haley stopped speaking, and a discussion ensued regarding the ability of PARC to be called to order, as they had not made an official posting for their meeting.
Open Meeting Laws are meant to ensure that the public has access to discussions that affect us all and which we should all be able to hear. MGLs pertain to meeting postings, so citizens knows when public bodies are discussing civic matters, and also meeting minutes, so we all know what was said.Bacci stated that what was anticipated was a “presentation and not a meeting,” in opposition to what the Attorney General has written regarding deliberation by a public body. According to the Attorney General, “The Open Meeting Law defines deliberation as ‘an oral or written communication through any medium, including electronic mail, between or among a quorum of a public body on any public business within its jurisdiction.’ ” (MA AG website)
At the meeting, Town Clerk Laura Gemme stated “You are skirting the law by doing this,” regarding the suggestion to just move forward with the presentation, despite the lack of meeting notice. Meeting attendee Bill Brown stated “I’ve attended many of these meetings on OML… when in doubt, do not do it. The best thing that the State says is, don’t do it. You have a doubt here, and I would not do it.”
It was Chair Karen Herrick who stated that she was “quite concerned” about a possible OML violation, with SB members Mark Dockser and Anne Landry concurring, and asking for fewer members than quorum to remain in the room or on zoom, to be in compliance with the law. In the end, the presentation was postponed to a future date to avoid an OML violation by PARC. Haley and Bacci demonstrated that they still don’t understand Open Meeting Law, or are indifferent to the consequences of violating it.
It was Weston, Herrick, Dockser, and Landry, all with significant municipal experience, who understood the law and the Town Clerk’s position. The unintended but very real negative ramifications of decisions made by inexperienced elected officials should be a concern to all. Appropriate government experience from our elected officials is critical to the smooth operation of Reading town government.
Sincerely,
Angela F. Binda
Orchard Park Drive
