city's response: open meeting law complaint response - school committee (1)
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8/10/2019 City's Response: Open Meeting Law Complaint Response - School Committee (1)
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LAW
DEPARTMENT
CITY OF NEWTON, MASSACHUSETTS
CITY HALL
CITY SOLICITOR
DONNALYN B. LYNCH KAHN
ASSOCIATE CITY SOLICITOR
OUIDA C M YOUNG
ASSISTANT CITY SOLICITORS
MARIE M. LAWLOR
ANGELA BUCHANAN SMAGULA
ROBERT J WADDICK
MAURA E. O'KEEFE
JEFFREYA. HONIG
ALAN D. MANDL
JULIE B Ross
1000 COMMONWEALTH AVENUE
NEWTON CENTRE, MA 02459
TELEPHONE (617) 796-1240
FACSIMILE (617) 796-1254
September 11, 2014
VIA
U.S.
MAIL
AND
E-MAIL
ecostello@wickedlocal.com
Emily Costello
Editor, Newton TAB
254 Second Avenue
Needham,
MA
02494
RE: Open Meeting Law Complaint
Series
of
Executive Sessions by
Newton School Committee
Dear Ms. Costello:
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Emily Costello
September 11, 2014
Page Two
formerly occupied by retiring Assistant Superintendent
of
Elementary Education, Joseph Russo (Room
218). The initial notice did state that the meeting location would be announced. The location was in fact
announced as Room 218 in a second posting on July 2, 2014 at 9:30a.m. (Exhibit B). Chairman Hills
believes that the late announcement
of
he location
ofthe
meeting for the July
3rd
Executive Session met
the spirit
of
the Open Meeting Law.
n July 9, 2014 at 11:54 a.m., Chairman Hills' assistant requested that notification be posted with the
City Clerk of an Executive Session to be held on July 11, 2014 at 8:00 a.m. (Exhibit C). However, this
notice was not posted at that time because the topic was subsequently corrected to reflect that a personnel
matter was the reason for the Executive Session. (Exhibit D). The corrected notice was stamped in by
the Clerk' s office at 1:41 p.m., July 9, 2014. (Exhibit E). This notification therefore gave the public 42
hours, rather than the required 48 hours' notice for meetings. Again, Chairman Hills believed he was
compliant. He now fully understands that 48 hours is the minimum requirement for notification.
The third and firial Executive Session related to the personnel issue was noticed on an emergency basis
for July 24, 2014 with one hour's notice. (Exhibit F). As an emergency is not specifically defined in the
Open Meeting Law, Chairman Hills believed, based upon his recollection ofpast practice of the Newton
School Committee, that he could properly make the determination as to what constitutes an emergency.
n July 24, 2014, the Superintendent sent a communication to the School Committee where he requested
that some type of action taken by the School Committee and it be made public. (Exhibit G). Given
that Chairman Hills was already trying to schedule the next and final Executive Session on this matter to
finalize the School Committee's action, Chairman Hills considered swift action on this new request to be
necessary for the benefit of he public. In declaring the emergency, Chairman Hills was attempting to get
information on the School Committee's action to the public as soon as possible. While his intentions
were laudable and in the spirit
of
making information public, in retrospect he should have called the
Division of Open Government to inquire
if
his was an emergency in the eyes of the Division.
Agenda for Meetings
The notice posted
for
the Executive Session meetings held on July 3, 2014 inadvertently described the
subject matter to be discussed as strategy related to collective bargaining. Prior to July 3, 2014, and in
the recent history
of
he School Committee, the only reason for any Executive Session has been strategy
related to collective bargaining. Chairman Hills simply reiterated the same Open Meeting request that
had been used in the recent past.
Chairman Hills almost repeated the inadvertent error in the initial proposed posting for the July 11, 2014
meeting. However, he corrected it. The corrected posting was stamped in by the City Clerk's office at
1:41 p.m., July 9 2014, listing the subject as a personnel matter. (Exhibits D and E).
The inadvertent nature
of
he July 3 notice is evident in the minutes of the July 3, 2014 Executive Session
which does not mention collective bargaining and clearly state that the meeting was convened for the
purpose of discussion
of
a personnel matter. (Exhibit H). These minutes were approved in open session
and available to the public as
of
July 15, 2014, more than a week before any news article appeared on the
personnel issue. Chairman Hills understands that the notice for an Executive Session meeting must
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Emily Costello
September
11
2014
Page Three .
clearly state one
of
he ten permitted purposes for Executive Session, and that the notice must match the
actual stated purpose set forth in the minutes.
Details ofMinutes
The minutes of each
of
the Executive Sessions held on July 3,
11
and 24, 2014 recite the date, time,
location, members and others present and the action taken at the meetings, i.e., discussion
of
a personnel
matter. (Exhibits H, I and J). These minutes have already been produced to you and are available to
anyone else who makes a public records request for the same.
Chairman Hills maintains that the minutes
ofthe
Executive Sessions of he meetings on July 3, 11 and 24,
2014 comply with the requirements
ofthe
Open Meeting Law which require public bodies to record and
maintain accurate minutes
of
their meeting, setting forth at a minimum the date, time, place, members
present or absent, and action taken at each meeting. There is no requirement in the Open Meeting Law
that Executive Session minutes contain more than the minimum requirements set forth above.
Previous Contact with Division ofOpen Government
Before receipt
of
this Complaint, Chairman Hills contacted the Division ofOpen Government on August
4, 2014, and spoke to Attorney Mallory Morales concerning the notices and minutes at issue so that he
could properly understand whether there were any shortfalls regarding the same. Chairman Hills
understands that there were technical violations,
by
hours, of he notices for meetings on July 3 and 11,
2014, and now fully comprehends the import of he minimum requirement of 48 hours as a notice period.
Chairman Hills also understands that what constitutes an emergency is narrowly defmed by the Division
of
Open Government, and not dictated by an official's request for immediate action.
As to the content
of
he minutes of he Executive Session meetings, Chairman Hills had an in-depth
discussion with Attorney Morales concerning whether minutes need to exceed the minimum
requirements. Chairman Hills believes the minutes
of
the Executive Session at issue comply with the
requirements of he Division ofOpen Government.
ou have requested as a remedy to your Complaint a public statement concerning violations and steps to
be taken in the future. Chairman Hills believes this letter addresses this issue
by
acknowledging certain
technical and inadvertent violations of he Open.Meeting Law and describing his conversations with
Attorney Morales and his intention to seek out advice with the Division ofOpen Government ifhe has
any questions regarding compliance.
Chairman Hills does not agree to post future Executive Sessions meetings anywhere other than the
electronic bulletin board maintained by the City Clerk. The City Clerk is the recipient for all notices for
public and Executive Session meetings and this task properly resides with him.
As to your request for more details of he July 3, 10 and 24 Executive Sessions, Chairman Hills believes
the minutes for these meetings comply with the Open Meeting Law and no further details are required.
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Emily Costello
September 11, 2014
Page Four
I hope this detailed response addresses your concerns.
~ ~ ~ ~ ~
Donnalyn B. Lynch Kahn
City Solicitor
Cc: Matthew Hills (Chair), Newton School Committee
Margie Ross Deeter (Vice-Chair), Newton School Committee
Mayor Setti Warren
Ellen Gibson, Newton School Committee
Margaret Albright, Newton School Committee
Angela Pitter-Wright, Newton School Committee
Diana Fisher Gomberg, Newton School Committee
Steven Siegel, Newton School Committee
Ruth Goldman, Newt. on SclJool Committee
David Olson, City
Clerk\
Attorney General s. Office, Division
of
Open Government
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EXHIBIT
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RE EIVED
By City Clerk at 1:14pm Ju/ 01 2 14
To
David Olson City Clerk
From
Deirdre
J.
Reade Confidential Executive Assistant
Re:
Posting - Executive Session Meeting
Date July 1 2014
The School Committee will hold an executive session on Thursday July
3
2014 at 8:00
a.m. location TBA for the purpose of discussing strategy related to collective bargaining.
The location of this meeting is handicap accessible and reasonable
accommodations will be provided to persons requiring assistance. f you need a
special accommodation
p l ~ s
contact John Lojek at least two days
in
advance
of the. meeting: jlojek@newtonma.gov or 617-796-1064. For Telecommunications
Relay Service dial 711.
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EXHI IT
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REVISE
~ ( O J @ i f i l m r r n
City Clerk
9:30am Jul 02
2014
RE EIVED
y
City Clerk t 9:30am
Jul
02 2014
To
David Olson, City Clerk
From:
Deirdre
J.
Reade, Confidential Executive Assistant
Re:
Posting - Executive Session Meeting
Date:
July 2 2014
The School Committee will hold
an
executive session
on
Thursday, July
3
2014, at 8:00
a.m., at the Education Center, Room 218, for the purpose o discussing strategy related to
collective bargaining.
The location
o
this meeting is handicap accessible and reasonable
accommodations will be provided to persons requiring assistance. If you need a
special accommodation, please contact John Lojek, at least two days in advance
o the meeting: ilojek@newtonma.gov, or 617-796-1064. For Telecommunications
Relay Service dial 711.
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EXHIBIT C
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David
A
Olson
From
Sent
To
Subject
Attachments
Dede Reade
Wednesday July 09 2014 11:54 M
pleasepost
posting
exec
session
posting
exec
session- 7-11-14.docx
1
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EXHI IT D
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David A Olson
From:
Sent:
To:
Subject:
Dede Reade
Wednesday July 09 2014 12:03 PM
pleasepost
disregard previous posting
Please disregard previous notice re: 7 11 exec. session meeting. I may have had an error with re:
to the topic. Will forward correction shortly.
Thank you
Dede
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EXHI IT E
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Ward
Newton School Committee
I Ellen dibson
l
00 Walnut
Street
Newtonville, MA 02460
Mayor Setti
Warren
Ex officio
It
Margaret Albright
l l i Angela Pitter-
Wright
IV Diana Fisher Gomberg
V Steven Siegel
VI Ruth Goldman
Tel 617) 559-6110
Fax 617) 559-6101
www.newton.kl2.ma.us
schoolcommittee@newton.k12.ma.us
VII Matthew Hills,
Chairperson
VIII
argie
Ross
Deeter, Vice,Chairpe rson
To: David Olson, City Clerk
From:
Deirdre J. Reade, Confidential Executive Assistant
Re:
Posting - Executive Session Meeting
Date:
July9 2014
The
School Committee
will
hold an executive session on Friday, July 11, 2014,
at
8:00
a.m. at the Education Center, 100 Walnut St., NewJonville, Frazier Room
( 304),
for
the
purpose of discussing a personnel matter.
RE EIVED
. ..
By
ssullivan
at 1:41pm
Jul 09
2014
.
.
The location
of
this meeting is handicap accessible and reasonable
accommodations
will
be provided to persons requiring assistance. If you need a
special accommodation, please contact John Lojek, at least two days in advance
'of the meeting: ilojek@newtonma.goy,
or 1 7 ~ 7 9 6 1 0 6 4 .
For Telecommunications
Relay Service dial 711.
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EXHIBIT F
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Ward
1 Ellen Gibson
II
Margaret Albright
III
Angela Pitter-Wright
IV
Diana Fisher Gomberg
V Steven Siegel
VI Ruth Goldman
Newton School Committee
100 Walnut Street
Newtonville,
MA
02460
Tel (617) 559-6110
Fax (617) 559-6101
www newton k 12 .ma.us
schoolcon1mittee@newton k
12
.ma.us
VII Matthew Hills. Chairperson
VUI
Margie Ross Deeter. Vice-Chairperson
To:
David Olson City Clerk
From:
Deirdre J. Reade Confidential Executive Assistant
Re:
Posting Emergency Executive Session Meeting
Date:
July
24, 2014
Mayor Setti Warren
Ex officio
RE EIVED
By City Clerk at 11:27
am,
Ju/24 2
jf{mmgr nn
City Clerk
The School Committee will hold an emergency executive session today July 24, 2014, at
12:15
p.m. at the Education Center
100
Walnut
St.
Newtonville Frazier Room
( 304),
for
the purpose of discussion of a personnel matter.
The location of this meeting is handicap accessible and reasonable
accommodations will be provided to persons requiring assistance.
If
you need a
special accommodation please contact John Lojek .at least two days in advance
of
the meeting: llQils@newtonma.QQY- or
617-796-1064.
For Telecommunications
Relay Service dial
711.
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EXHI IT G
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David Fleishman
Superintendent
of
Schools
July 24, 2014
Newton Public Schools
l Walnut Street
Newton
MA 246
Telephone
617) 559-6100
ax
617) 559-6101
As someone who writes a range
of
pieces that are distributed
to
the broader
public on a regular basis, I am well aware
of
the importance
of
citing appropriate
sources. I am also cognizant
of
the notion that public officials need
to
be as
careful in their spoken remarks as they are in their written remarks-something
that too often gets lost. The recent article
in
the
Lion s Roar
is an invaluable
reminder of the importance
of
doing so and I am appreciative of their work in
highlighting this issue.
n
retro-spect, I should have cited the Governor in my remarks as I did David
McCullough Jr. n my judgment, it is essential that publ ic officials not only
accept critical feedback but acknowledge when we have made
mistakes. Because I believe in accountability and transparency. I have
requested that some type of action
e
taken y the School Committee and it e
made public.
David Fleishman
Superintendent
of
Schools
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Present;
Also Present.
.OPEN SESSION
MOTION:
Newton School Committee
Minutes
of
Executive Session
Education Center, Room #218
July 3 2014, 8:00 a:m.
Chairperson Matt Hills, Vice -Chairperson Margie Ross Deeter, Margaret
Albright, Diana Fisher Gomberg, Ellen Gibson, Ruth Goldmani Angela
Pitter-Wright, Steven Siegel, Mayor Setti Warren
Superintendent David Fleishman
At 8:05a.m.
it
was moved (Gibson), seconded (Albright) f;lnd approved by
roll call vote to convene in executive session forthe purpose ofdiscussion of
a personnel matter. The Committee will not reconvene
in
open se$sion
Unanimous
Roll call vote by ward:
Ward I yes (Gibson); Ward li, yes (Albright)), Ward Ill yes (Pitter-Wright); Ward JV yes
(Fisher Gomberg); Ward V, yes (Siegel); Ward
VI,
yes (Goldman); Ward VII, yes (Hills); Ward
VIII yes (Ross Deeter); Mayor Warren, yes
.
.
000000000000000000000000000000000000000000000000000000000000000000000000
A personnel matter was discussed..
ADJOURNMENT
MOTION:
Roll call vote
by
ward:
At
10:10 a.m., it was moved (Gibson), seconded (Goldman) and approved by
roll call vote to adjourn the executive session.
unanimous
Ward
I
yes (Gibson); Ward li, yes;' (Albright)), Ward Ill, yes (Pitter-Wright); Ward
JV
yes
(Fisher Gomberg); Ward V yes (Siegel); Ward
VI
yes {Goldman); Ward VII, yes (Hills); Ward
VIII yes (Ross Deeter), Mayor Warren, yes
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EXHI IT I
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Present:
OPEN SESSION
MOTION:
Newton School Committee
Minutes of Executive Session
. .
Education Center, Room #304
July 11 2014 8:00 a.m.
Chairperson Matt Hills, Vice-Chairperson Margie Ross Deeter, Margaret
Aloright, Diana Fisher Gomberg, Ellen Gibson, Ruth
G ~ l d m ~ n
Angela
Pitter-Wright, Steven SieQel, Mayor Setti Warren
At
8:05a.m., it was moved (Siegel), seconded (Albright) and approved by roll
call vote to convene
in
executive session
for
the purpose ofdiscussion
of
a.
personnel matter. The Committee will not reeonvene in open session.
unanimous
Roll call vote
by
ltvard:
Ward I, yes (Gibson); Ward II, yes (Albright)), Ward
Ill,
yes (Pitter-Wright); Ward IV, yes
(Fisher Gomberg); Ward
V,
yes (Siegel); Ward
VI,
yes (Goldman); Ward
VII,
yes (Hills); Ward.
VIII yes R o ~ s Deeter), Mayor Warren, yes
A personnel matter was discussed.
ADJOURNMENT
MOTION:
Roll call vote by ward:
At
9:30a m
it was moved (Gibson), seconded.(Pitter-Wright) and approved
by roll call vote to adjourn the executive session.
unanimous
Ward
I,
yes (Gibson); Ward
II,
yes (Albright)), Ward Ill, yes (Pitter-Wright); Ward IV, yes
(Fisher Gomberg); Ward V, yes (Siegel); Ward VI, yes (Goldman); Ward
VII,
yes (Hills}; Ward
VIII,
yes (Ross Deeter), Mayor Warren, yes
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EXHI IT
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Present:
Absent:
OPEN SESSION
Newton School Committee
Minutes
of
Executive Session
Education Center, Room #304
July 24, 2014, 12:15 p.m.
Chairperson Matt Hills, Vice-Chairperson Margie Ross Deeter
(remote), Margaret Albright (remote), Diana Fisher Gomberg,
Ellen Gibson, Angela Pitter-Wright (remote), Steven Siegel,
Mayor Setti Warren
Ruth Goldman
MOTION:
t
12:20 p.m., it was moved (Hills), seconded (Gibson) and
approved by roll call vote to convene in executive session for
the purpose of discussion of a personnel matter. The Committee
will not reconvene in open session.
Roll call vote by ward:
7 0
Absent for vote: Mayor Warren
Absent for meeting: Goldman
Ward I yes (Gibson); Ward II yes (Albright)), Ward Ill yes (Pitter-Wright); Ward
IV yes (Fisher Gomberg); Ward V, yes (Siegel); Ward VI, absent (Goldman); Ward
VII
yes (Hills); Ward VIII yes (Ross Deeter), Mayor Warren, absent for vote
The chairperson confirmed that no other person was able to hear the conversation at
this location.
The Mayor arrived at 12:30 p.m.
The School Committee discussed a personnel issue. A motion was made (Hills),
seconded (Fisher Gomberg) and approved by roll call vote 8 - 0, to approve a School
Committee public statement regarding the Superintendent's high school graduation
speeches including a fine
of
one week
of
salary
of
the Superintendent.
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Roll call vote by ward:
minutes -
exec.
session
7 24 14
page2
Ward I yes (Gibson); Ward II yes (Albright)), Ward Ill yes (Pitter-Wright); Ward
IV, yes (Fisher Gomberg); Ward V, yes (Siegel); Ward
VI
absent (Goldman);
Ward
VII
yes (Hills); Ward VIII yes (Ross Deeter), Mayor Warren, yes
ADJOURNMENT
MOTION:
8 0
Absent for meeting: Goldman
t 1:15 p.m., it was moved (Gibson), seconded (Pitter-Wright)
and approved by roll call vote to adjourn the executive session.
8 0
Absent for meeting: Goldman
Roll call vote by ward:
Ward
I
yes (Gibson); Ward
II
yes (Albright)), Ward
Ill
yes (Pitter-Wright); Ward
IV, yes (Fisher Gomberg); Ward V, yes (Siegel); Ward VI absent (Goldman);
Ward
VII
yes (Hills); Ward
VIII
yes (Ross Deeter), Mayor Warren, yes
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