SWAMPSCOTT — The Select Board took time during its meeting on Wednesday evening to elaborate on the executive sessions held by the board and why it’s a central element in the process of municipal meetings.
Select Board Chair MaryEllen Fletcher noted that there have been numerous comments made to the board regarding it holding a large number of executive sessions. The board held a short presentation on the matter to educate the community on why an executive session may be necessary, as well as its potential impact on the town.
During the presentation, the board showed the number of different executive sessions held by various chairs of the board during their time. Former Chair Peter Spellios had 19; Polly Titcomb had 11; Neal Duffy had 30; David Grishman had 26; current Chair MaryEllen Fletcher also has held 26 executive sessions.
“This helps give people an idea of how many executive sessions we actually have,” Fletcher said. “And we do have many executive sessions, it’s very important, and I’d like everyone to understand that these sessions are a significant amount of time that people put into it. A serious amount of time taken away from our families and things we could be doing, so I hope this clears it up.”
Board member Katie Phelan went over various reasons for why the board would need to convene in executive sessions. Phelan cited M.G.L. c30A, Sec. 21(a) with several main key points, with the first reason being to “discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.”
Phelan said another reason would be “to discuss strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel,” according to Phelan.
“Third, to discuss strategy with respect to collective bargaining or litigation, if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares,” Phelan said.
She added that more reasons would be due to discussing the employment of or strategy regarding security personnel or devices, e.g., a sting operation, investigating charges of criminal misconduct, or considering the filing of criminal complaints.
Executive sessions may also be called to consider the purchase, exchange, lease, or value of real estate if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body. Also, compliance with or acting under the authority of any general or special law or federal grant-in-aid requirements is required.
Phelan went on to elaborate on the procedure for convening executive sessions. The meeting must be convened in an open posted session, with an executive session listed on the agenda when reasonably anticipated by the chair. A majority must vote in a recorded roll call to go into executive session, and the vote must be recorded.
The chair must state clearly the purpose of the executive session, including all subjects that may be revealed, without compromising the purpose of the executive session. The chair must also announce whether or not the meeting will reconvene in open session. Accurate minutes and other records of the executive session must be maintained, with all votes recorded by roll call.
Fletcher noted that the presentation will also be posted on the town’s website in order to further educate residents on the complex nature of executive sessions and their role in municipal meetings.
