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02/25/2019 BOARD OF SELECTMEN Agenda Packet
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02/25/2019 BOARD OF SELECTMEN Agenda Packet
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Mashpee_Meeting Documents
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BOARD OF SELECTMEN
Meeting Document Type
Agenda Packet
Meeting Date
02/25/2019
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La <br /> LOUISON, COSTELLO, CONDON & PFAFF, LLP <br /> DOUGLAS I.LOUTSON` ATTORNEYS AT TAW ALEXANDRA GRASKEMPER* <br /> PATRICK J.COS'TV 1.A 101 SUMIUM STREET MEGAN K.BAlEt"' <br /> DAVID E,CONDON BOSTON,MASSACHUSETTS 02110 MATTHEW T.GOEPFRICH <br /> BRADFORD N.LOUISON`` <br /> S rEPHE;N C.PFAFF TELEPHONE--(617)439-0305 <br /> REGINA M.RYAN FACSA E;(617)439-0325 'ALSO ADMITTED IN ME <br /> KATHLEEN K CONNOLLY "ALSO ADMITTED IN RI <br /> JOSEPH A.PADOISKY " ALSO A AILTIED IN FL <br /> February 13, 2019 <br /> �J <br /> Ronald Beaty <br /> RE: Open Meeting Law Complaint .� <br /> Dear Mr. Beaty: .� <br /> w <br /> This firm is Town Counsel to the Town of Mashpee. We have been provided with your-._ . <br /> complaint of an Open Meeting Law violation with respect to the meeting notice/agenda of the <br /> Board of Selectmen's meeting of February 11, 2019 for review and response. Specifically,the <br /> complaint appears to be that the address of Town Hall did not appear on the February 11 t' <br /> meeting notice/agenda and that executive session meeting minutes are not reviewed and released <br /> on a regular basis. You ask that these purported violations be corrected and that the members of <br /> the Board and its staff be required to undertake Open Meeting Law training within sixty(60) <br /> days. Please accept this response to your complaint. While the Town does not admit any <br /> violation or intention to violate the Open Meeting Law, and listing"Town Hall"without the <br /> address complies with the statutory requirement of listing the "place" of the meeting,nonetheless <br /> the Town will prospectively require that every meeting notice/agenda contain the address of <br /> Town Hall in addition to stating that the meeting will be held at Town Hall and identifying <br /> which room within Town Hall the meeting will take place. With respect to review and release of <br /> executive session meeting minutes—with the exception of those that remain in litigation or <br /> ongoing negotiations or other reason for the executive session that remains pending- the Board <br /> of Selectmen currently reviews such minutes annually. Although the law does not define <br /> "reasonable interval to determine if continued non.-disclosure of minutes is warranted,"the AGO <br /> has concluded that, where a public body waited two years to review its executive session <br /> minutes, it violated the Open Meeting Law. See OML 2015-164. Here, an annual review to <br /> determine if any executive session minutes can be released might be considered by the Attorney <br /> General to be sufficient to constitute"regular"review,nonetheless,the Board will consider and <br /> vote on setting a policy to review them on an even more frequent basis, such as every six (6) <br /> months. <br /> EAST BOO'T'HBAY,ME BOSTON,MA BARRINGTON,RI <br />
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