J. Presentations/Discussions |
J. Presentations/Discussions - Open Meeting Law, Public Records, Public Hearings, & Ethics Presentation - Attorney Mark Cerel
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Broad interpretation of discussion and deliberation and meeting
especially where a quorum is present
can not use serial communication, one talks to one, one to another and so forth until all effectively we involved.
provides examples of other bodies that have fallen afoul of the law
fines not significant but they can also nullify action
still lobbying for personal fines
person requesting remote participation needs to confirm with the Chair, all votes even procedural need to be by roll call
social occasions are permissible as long as town business is not discussed
need to be really aware of this as folks around can overhear your conversations
workshops are not required to comply with open meeting law
clearly permissable to attend but not participate
definition of deliberation is the grey area
quorum is defined as 5 for the Town Council
Public Records Law
separation of public records from private email is a concern, hence each councilor has their own Town of Franklin email
You can find the info here http://www.franklinma.gov/town-council
"Reply All" could be a violation of open meeting law
Ethics Law
extremely broad, complicated, overlap among scenarios
by statue Town Council can not be "special municipal employees"
statue applies to members of the immediate family
online training and certification is required and in your best interest
there are criminal penalties and hefty fines possible
recusal up front to avoid a conflict, if you do remain in the room you could still be subject to accusation of collusion or conflict
The MA Ethics Commission can be found here
https://www.mass.gov/orgs/state-ethics-commission
If a councilor recuses themselves, they should also not participate in discussion with Town personnel on that topic
Conducting Public Hearings
you are a legislative body, you can perform some functions that are administrative in nature, a different set of rules apply
important to abide by the role of jury in hearing the matter and then as a judge in making the determination, especially with regards to liquor licenses and license violations
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