City's Response: Open Meeting Law Complaint Response - School Committee (1)

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

[email protected]

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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2/26

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


3/26

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.


4/26

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


5/26

EXHIBIT


6/26

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: [email protected] or 617-796-1064. For Telecommunications

Relay Service dial 711.


7/26

EXHI IT


8/26


9/26

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:


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: [email protected], or 617-796-1064. For Telecommunications



10/26

EXHIBIT C


11/26

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


12/26

EXHI IT D


13/26

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


14/26

EXHI IT E


15/26

Ward


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

[email protected]

VII Matthew Hills,

Chairperson

VIII

argie

Ross

Deeter, Vice,Chairpe rson

To: David Olson, City Clerk

From:

Deirdre J. Reade, Confidential Executive Assistant

Re:


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: [email protected],

or 1 7 ~ 7 9 6 1 0 6 4 .

For Telecommunications



16/26

EXHIBIT F


17/26

Ward

1 Ellen Gibson

II

Margaret Albright

III

Angela Pitter-Wright

IV

Diana Fisher Gomberg

V Steven Siegel

VI Ruth Goldman


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: [email protected] or

617-796-1064.

For Telecommunications

Relay Service dial

711.


18/26

EXHI IT G


19/26

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


20/26


21/26

Present;

Also Present.

.OPEN SESSION

MOTION:


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


22/26

EXHI IT I


23/26

Present:

OPEN SESSION

MOTION:


Minutes of Executive Session

. .


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:


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


24/26

EXHI IT


25/26

Present:

Absent:

OPEN SESSION


Minutes

of

Executive Session


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.


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.


26/26


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


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



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

Documents

City's Response: Open Meeting Law Complaint Response - School Committee (1)