NAHANT — The attorney general has determined the town’s Open Space and Recreation Master Plan Committee has violated the state’s Open Meeting Law.
A letter from the Open Government Division of Attorney General Maura Healey’s office dated July 24 states that the committee, which was appointed by Town Administrator Jeff Chelgren to analyze the town’s existing recreation features, has been ordered to create minutes for all previous meetings within 60 days and to immediately begin complying with the law’s requirements.
The letter is addressed to Town Counsel Daniel Skrip.
The Massachusetts Open Meeting Law states that all meetings of a public body must be open to the public and notice that a meeting is taking place must be posted with at least 48 hours notice.
Executive sessions can only be held under certain circumstances, including interviewing applicants for employment, discussing strategy with respect to collective bargaining or litigation, and to discuss the reputation, character, physical condition and mental health of an individual, along with a handful of other reasons. The committee must first open a public meeting and state the reason for the private meeting before entering executive session.
A public body must create and maintain accurate minutes of all meetings, including executive sessions, which include the date, time, place, members present or absent, a summary of the discussions on each subject, a list of documents and other exhibits used at the meeting, the decisions made and the actions taken at each meeting, including the record of all votes.
The seven-member Master Plan Committee held meetings without posting advanced notice on Sept. 14, Sept. 30, Oct. 7, Oct. 14, Oct. 27, and Nov. 23, 2015; and Jan. 27, and Feb. 24, 2016. An Oct. 14, 2015 meeting was the only time documented minutes were taken.
Chelgren, who was appointed town administrator in March 2015, told the Board of Selectmen two months later that $18,400 had been appropriated by the town to create a committee that would review and assess the town’s recreation facilities and report back to selectmen, according to the letter. He told the board members they would appoint residents to the committee at a future meeting, however, he did not consult with them before appointing seven members by September 2015.
He was advised by Skrip that the committee was not a public body for purposes of the Open Meeting Law because it was assembled only by him, an individual public official, to assist him in gathering information to make a decision. The advice was sent in a letter dated Feb. 24, 2016, but was found to be inaccurate by the attorney general’s office.
A complaint was filed with the office by resident John Shannon Bianchi on Feb. 22, 2017. Chelgren did not return calls seeking comment.
