12/06/2021 BOARD OF SELECTMEN Minutes

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THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02108 MAURA HEALEY .ATTORNEY GENERAL November 19, 2021 VIA EMAIL ONLY Meredith Kilpatrick mlmkilpatrick@gmail.com RE: Open Meeting Law Complaint Dear Ms. Kilpatrick: TEL: (617) 727-2200 www.mass.gov/ago This office received two complaints from you on October 14, 2021,1 alleging that the Mashpee Planning Board (the "Board"), and specifically its Chair, John Fulone, violated the Open Meeting Law, G.L. c. 30A, § § 18-25. The complaints were originally filed with the Board on July 21 and September 24. The Chair responded to both complaints by letter dated September 27, and the Board provided additional response by letter dated October 13. The complaints allege that 1) the Chair has behaved in an unprofessional manner; 2) the Chair has denied or limited public comment; and 3) the Board failed to timely respond to the July 21 complaint. For the following reasons, we decline to review your complaints. The July 21 Complaint We decline to review the July 21 complaint because it does not allege violations of the Open Meeting Law, G.L. c. 30A, §§ 18-25. The July 21 complaint alleges that 1) the Chair has behaved in an unprofessional manner; and 2) the Chair has denied or limited public comment, The Open Meeting Law states that "[n]o person shall address a meeting of a public body without permission of the chair, and all persons shall, at the request of the chair, be silent." G.L, c. 30A § 20(g). The Law does not. require that a public body allow public participation, but rather gives the chair of the public body discretion to decide whether to permit public comment during a meeting, and if public comment will be permitted, to set restrictions on public comment. See OML 2019-138; OML 2020-9; OML 2017-189; OML 2014-23; OML 2012-78.2 We note that, although there is no legal requirement under the Open Meeting Law to allow public comment at I All dates are in 2021 unless otherwise stated. z Open Meeting Law determinations and declinations may be found at the Attorney General's website, www.mass.gov/ago/openmeeting.