DA files suit against regional retirement board for open meeting law violation

SALEM – Essex County District Attorney Jonathan M. Blodgett filed a lawsuit Tuesday against the Essex Regional Retirement Board based on allegations the board members violated the state’s Open Meeting Law.According to Blodgett, the board, which oversees the retirement system for various public agencies, violated the law on Jan. 25 by meeting in executive session under false pretenses.The prosecutor has asked the Superior Court to release the minutes of that meeting, which was held at the board’s office, 491 Maple St., Building 200 in Danvers.The lawsuit alleges that the meeting was posted to begin at 8:30 a.m. but actually convened at 8:55 a.m. with members of the public in attendance. At no time was board Vice Chairman Katherine O’Leary present. The board went into executive session, claiming it had to discuss “legal matters.” Under provisions of the Open Meeting Law, legal matters are not listed as a reason that allows a board to go into executive session.Further, the board chairman failed to state whether the board would reconvene after the executive session. “Believing the board’s public activities were concluded for the day, attending members of the public left the meeting,” the lawsuit stated.At 11:22 p.m. that day, the Public Employee Retirement Administration Commission (PERAC), which is responsible for the efficient operation of the retirement system, received a fax from the Essex retirement board. The fax stated that Chairman Timothy Bassett had been re-elected chairman for a six-year term with all board members present. The vote was made retroactive to Dec. 31, 2008.The other board members are Roberta Josephson, William P. Martineau and Glenn C. Morse, the secretary.The lawsuit contains a copy of the Jan. 25 letter signed by all board members except Bassett and sent to PERAC Executive Director Joseph E. Connarton, asserting that the entire board was present for the unanimous vote that gave Bassett the chairmanship.Blodgett said the law clearly states that a chairman cannot be re-elected in an executive session or in any other meeting that is not properly posted.On Jan. 27, Blodgett’s office received a complaint about the board’s activities. The following day, the prosecutor asked the retirement board to hand over copies of any meeting notices posted for one or more meetings on Jan. 25, together with the minutes from those meetings.As of Tuesday, Blodgett had not received the requested documents, according to Assistant District Attorney Charles Grimes.