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ILOUISON, COSTFLLO, CONDON & PFA-P , LL,P <br /> F. Thomas Fudala, Chairman <br /> March 24, 2011 <br /> Page 2 of 2 <br /> As you know, appointments to the Maslipee Sewer Commission are made by the <br /> Board of Selectmen. Mashpee IIome Rule Charter Section 3.2(d). Thus, the ability to <br /> convene in executive session for the purposes of§21(a)(8) would apply only to a <br /> preliminary screening committee or other Hiring subcommmittee of the Board of Selectmen <br /> appointed to perform a prelimina7y scree? ilsg of prospective candidates for the position <br /> of Sewer Commissioner. In this instance,I understand that the Board of Selectmen has <br /> requested a recommendation from the Sewer Commission relative to the two candidates <br /> who have submitted applications for the open Sewer Commissionerposition. Since a <br /> "recommendation" does not constitute a preliminary screening of these candidates and <br /> since the Sewer Commission has not been designated a preliminary screening or hiring <br /> subcommittee of the Board of Selectmen with respect to this appointment process, the <br /> §21(a)(8)basis for convening in Executive Session would not be applicable or available <br /> to the Sewer Commission in this situation. Further,J am not aware of any detriment to the <br /> Selectmen's ability to attract qualified candidates for this position that would result from <br /> the Sewer Commissioners discussing its recommendations of these candidates in open <br /> session. <br /> Accordingly, any deliberations by the Sewer Commission with respect to its <br /> recommendation to the Board of Selectmen regarding a prospective appointment to the <br /> Sewer Commission must be conducted in open session in accordance with the provisions <br /> of G.L. c. 30A, §§18-25. <br /> Please feel free to contact me if you have any further questions in this regard. <br /> Ve truly ydW-S, <br /> rick J. Costel <br /> PJC/mjd <br /> cc: Joyce M. Mason, Town Manager <br />