3/29/2011 SEWER COMMISSION Minutes

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LOUISON, COSTFLLO, CONDON & PFAFF, LLP ATTORNEYS.kT LASS' 101 SUMATER STREET BOSTON, MASSACHUSETTS 02110 DOVGLAS L LOL'ISOW TELEPHONE:(617)439.0305 JENA CARUSO AIUROZ PATRICR J. COSTELI.o FACSIMILE:(617)439-0325 JosT;PH A.PADOLSRY DAVID E. CORDON www.lccplaw.com BRADFORD N.LOUISON 'AL6o ADMITTED III MAINE STEPHEN C.PFAFF REQINA M.RYAN March 24, 2011 F. Thomas Fudala, Chairman Mashpee Sewer Commission 16 Great Neck Road North Mashpee,MA 02649 Re: Sewer Commission Executive Session to Consider Recommendation for Appointment to Commission Dear A,lr.Fuda�la: You have requested my opinion whether the Board of Sewer Commissioners may convene in Executive Session to consider and discuss its recommendation for- appointment by the Board of Selectmen of a new Sewer Commission member. In my opinion, there is no statutory basis upon which the Sewer Commission may meet in Executive Session for this purpose. As you know,the provisions of G.L. c. 30A, §21 govern executive session meetings by public bodies. Section 21(a)provides ten specific bases upon which Executive Sessions maybe convened; otherwise, all discussions and deliberations by public bodies must take place in open session. With respect to consideration or interviews of applicants for employment or appointment, G.L. c. 30A, §21(a)(8) provides that a public body may meet in executive session"to consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will hate a detrimental effect in obtaining qualified applicants; provided,however, that this clause shall not apply to any meeting, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening." The. Office of the Attorney General, which enforces and implements the provisions of the Open Meeting Law among local governmental bodies, has noted that this basis for entering executive session applies to "a hiring subcommittee of a public body or a preliminary screening committee" solely to discuss the initial screening process relating to a proposed hiring or appointment. Whenever this basis for convening in executive session is proposed and voted upon,the chairman of the hiring subcommittee or preliminary screening committee must state on the record that having the discussion in an Open_Session will be detrimental to the public body's ability to attract qualified applicants for the position.