Attorney general Letter

Published on January 2017 | Categories: Documents | Downloads: 58 | Comments: 0 | Views: 540
of 2
Download PDF   Embed   Report

Comments

Content

THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
ONE ASHBURTON PLACE
BOSTON, MASSACHUSETTS 02108
TEL: (617) 727-2200
www.mass.gov/ago

MAURA HEALEY
ATTORNEY GENERAL

August 21, 2015
OML 2015-124
Raymond P. Domey
Chairman, Prudential Committee
Three Rivers Fire Department
50 Springfield Street
Three Rivers, MA 01080
RE:

Open Meeting Law Complaint

Dear Mr. Domey:
This office received a complaint from Scott Turner, dated July 16, alleging that the Three
Rivers Fire District Prudential Committee (the "Committee") violated the Open Meeting Law,
G.L. c. 3OA, §§ 18-25.1 Specifically, the complaint alleges that the Committee held an illegal
executive session meeting on June 10. The complaint was originally filed with the Committee
on June 16. The Committee responded by letter dated July 22.
Following our review, we resolve this complaint by informal action in accordance with
940 CMR 29.07(2)(a), and find that the Committee violated the Open Meeting Law as alleged.
However, the Committee took appropriate remedial action in response to the complaint. The
Committee met in executive session on June 10 to discuss the discipline or dismissal of the
District Fire Chief, Scott Turner. When discussing the discipline or dismissal of an employee in
executive session, a public body must provide the employee with written notice of the executive
session, as well as the opportunity to be present during the executive session, speak on his or her
own behalf, have counsel present, and create an independent transcript or recording of the
executive session. G.L. c. 30A, § 21(a)(1); OML 2015-54; OML 2013-28.3 Here, the
Committee failed to provide Chief Turner with notice of its June 10 executive session, and in
turn failed to provide Chief Turner with any of the rights guaranteed to him by the Open Meeting

1

All dates refer to the year 2015.
We remind the Committee that, unless an extension of time has been requested, a public body must, within 14
business days of receipt of an Open Meeting Law complaint, send a copy of the complaint to the Attorney General's
Office and notify the Attorney General's Office of any remedial action taken. G.L. c. 30A, § 23(b); 940 CMR
29.05(5), (6).
3 Open Meeting Law determinations may be found at the Attorney General's website,
www.mass.gov/ago/oDenmeeting.
2

SEIJJ

Law. Because the Committee held an executive session without affording Mr. Turner with the
rights guaranteed to him by the Open Meeting Law, the Committee violated the Law.
In response to the complaint, the committee voted during its July 13 meeting to
"repudiate any and all actions taken during the Executive Session held on June 10, 2015 as it was
not properly noticed. This meeting was in violation of the Open Meeting Law." The Committee
then voted to schedule a new executive session for the purpose of discussing disciplining Chief
Turner. This was appropriate remedial action in response to the complaint. In addition to the
action already taken, we order the Committee to provide Mr. Turner with an unredacted copy of
the June 10 executive session minutes. See OML 2014-42. This must occur within ten (10) days
of receipt of this letter.
We now consider this matter closed. Please be advised that this letter does not resolve
any other complaints that may be pending with this office or with the Committee. Please feel
free to contact our office at 617-963-2540 if you have any questions regarding this letter.
Sincerely,

Jonathan Sclarsic
Assistant Attorney General
Division of Open Government
cc:

Scott Turner

This determination was issued pursuant to G.L. c. 30A, § 23(c). A public body or any
member of a body aggrieved by a final order of the Attorney General may obtain judicial
review through an action filed in Superior Court pursuant to G.L. c. 30A, § 23(d). The
complaint must be filed in Superior Court within twenty-one days of receipt of a final
order.

2

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close