News
A trend or an aberration of Open Meeting Law?
Top Headlines The issue of open government has been particularly marked in the area this year, with The Sun Chronicle seeking enforcement of the state's Open Meeting Law in the communities of North Attleboro and Foxboro. The American Society of Newspaper Editors designated March 16-22 as National Sunshine Week in honor of the so-called "sunshine laws" that allow for public access to government records and meetings. Government watchdogs say there's no real way of knowing if state and municipal officials are observing or ignoring public access laws any differently than in the past. "There aren't any records kept at the town or state level, and enforcement is very diverse. Open meeting law is enforced by the district attorney's office and typically it's given a differing amount of attention. Some districts have no prosecutions at all, while others have a staff member specifically devoted to it," said Pam Wilmot, executive director of Common Cause Massachusetts, a non-partisan citizens organization that tries to ensure open, honest, accountable and effective government. Why should residents care about whether town government conducts its business openly or not? As Wilmot pointed out, "It's the public's business, and it needs to be done publicly." "Openness is government is a key principle to a functioning democracy," Wilmot said. "If citizens do not have the ability to see how laws are made, there is no way for citizens to hold government accountable for its actions. Open government is a basic democratic right and a basic democratic responsibility." Open meeting law requires government officials to conduct business in public meetings. There are a few exceptions for sensitive matters such as litigation strategy, collective bargaining and real estate purchases. The Sun Chronicle has alleged two violations of open meeting law already this year. In North Attleboro, the planning board violated the state's Open Meeting Law in January when it met to discuss the budget in a closed-door session. The Sun Chronicle objected to the closed-door session, saying the budget is not among the issues exempt from the provisions of open meeting law. The board met in executive session anyway, and The Sun Chronicle asked the Bristol County District Attorney's office to investigate the matter. The planning board later acknowledged that it should not have gone behind closed doors and revisited the issues discussed during a public meeting. It also released the meeting minutes for the closed-door session to the public. District Attorney Sam Sutter said the board took appropriate steps to remedy the situation by apologizing for the "appearance of impropriety" and addressing the issue in a timely matter. He recommended the board review the provisions of the open meeting law to ensure compliance in the future. In Foxboro, members of the board of selectmen and the conservation commission toured the town's dog park with a lawyer in February in an unposted meeting. After the tour, the two boards continued the meeting. The state's Open Meeting Law requires notice of meetings be posted at least 48 hours in advance, except in the case of emergencies. It notes that some on-site inspections of projects may be exempt, but goes on to say a simple exchange of views on a public matter by members of a board constitutes a meeting. The law also states that a consultation between members of a board and the board's attorney constitutes an exchange of views, and is subject to the Open Meeting Law. The Sun Chronicle has contacted Norfolk County District Attorney William Keating to investigate whether a violation of the state's Open Meeting Law has occurred. An assistant district attorney is investigating the matter. AMY DeMELIA can be reached at 508-236-0334 or at ademelia@thesunchronicle.com.
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