BOSTON – Attorney General Maura Healey rendered an opinion April 22 on an Open Meeting Law (OML) violation complaint filed by Selectwoman Tracy Cesan in December.
Healey’s office found that the Southwick Board of Selectmen violated the OML “by failing to follow certain procedural requirements for convening in executive session, including the failure to afford the individual certain rights under Purpose 1, on Oct. 6 and by failing to list anticipated discussion topics in the Oct. 20 meeting.”
The attorney general ordered “immediate and future compliance with the Open Meeting Law and caution that future similar violations may be considered evidence of intent to violate the Law. In addition, we order the Board to publicly release the portion of its October 6 executive session minutes related to the complaints, as well as any documents used by the Board during that executive session discussion, subject to any applicable exemptions to the Public Records Law or the attorney-client privilege.”
The Board was also ordered to provide the subjects of the executive session (Cesan and the town employee) with an unredacted version of the portion of the minutes concerning them.
The decision was sent to Town Counsel Benjamin M. Coyle.
In her complaints, Cesan alleged that on Oct. 6, the Board convened an executive session without affording her certain rights guaranteed by G.L. c. 30A, § 21(a)(1); the Board failed to list that same executive session as a topic in the notice for its Oct. 6 meeting; and the Board failed to list a related topic in the notice for its Oct. 20 meeting.
In reaching a determination, Healey’s office reviewed the two original complaints; the Board’s responses to those complaints; and the two complaints filed requesting further review.
“We also reviewed the notices, recordings, and open session minutes from the Board’s October 6 and October 20 meetings, and the executive session minutes from the Board’s October 6 meeting. Finally, we spoke with Chair Russell Fox on April 1,” stated the letter to Coyle.
