Attorney General’s Office finds Kingston selectmen violated Open Meeting Law
The Attorney General’s Office has determined
that the Kingston selectmen broke the Open Meeting Law by failing to
post a notice of an emergency meeting held Oct. 1 to act on a one-day
liquor license requested by one of its members for a wedding later that
day.
Selectman Sandra MacFarlane applied for the license for her son’s wedding reception, which was moved from her backyard to the local senior center because of rain.
Three of the five selectmen attended.
Chairman Elaine Fiore and Jean Landis-Naumann voted to issue the license
and MacFarlane abstained. Selectmen Susan Munford and Lindsay Wilson II
were not notified of the meeting.
Munford filed a complaint on March 1, shortly after learning of the meeting. She argued that it did not meet the emergency requirements of the law that allows meetings to be held without 48-hours notice.
The board argued that a meeting did not actually occur because less than a quorum of its members deliberated on a subject outside its jurisdiction. The selectmen also said the complaint was filed too late to be considered.
In a ruling on Aug. 21 Assistant Attorney General Kerry Anne Kilcoyne said that despite MacFarlane’s abstention, she was present in her official capacity and a quorum of three members was present. Kilcoyne also found that the selectmen have the authority to issue liquor licenses, that the board’s permission was required for serving alcohol in a municipal building and that the complaint was filed within the required 30 days of the violation becoming public.
In a footnote to the decision, Kilcoyne said, “We note that certain ethics laws may prohibit a public body member from participating in a matter in which she has a financial interest.”
The ruling determined that the meeting met the requirements of an emergency, but that it should have been posted as soon as possible.
Kilcoyne took no action beyond directing the board to comply with the law in the future.
Munford filed a complaint on March 1, shortly after learning of the meeting. She argued that it did not meet the emergency requirements of the law that allows meetings to be held without 48-hours notice.
The board argued that a meeting did not actually occur because less than a quorum of its members deliberated on a subject outside its jurisdiction. The selectmen also said the complaint was filed too late to be considered.
In a ruling on Aug. 21 Assistant Attorney General Kerry Anne Kilcoyne said that despite MacFarlane’s abstention, she was present in her official capacity and a quorum of three members was present. Kilcoyne also found that the selectmen have the authority to issue liquor licenses, that the board’s permission was required for serving alcohol in a municipal building and that the complaint was filed within the required 30 days of the violation becoming public.
In a footnote to the decision, Kilcoyne said, “We note that certain ethics laws may prohibit a public body member from participating in a matter in which she has a financial interest.”
The ruling determined that the meeting met the requirements of an emergency, but that it should have been posted as soon as possible.
Kilcoyne took no action beyond directing the board to comply with the law in the future.
I think the AG takes the easy way out and probably leaves this to the community to deal with. I do not think this is an appropriate response. Do your job, should be what the community tells her. If we have laws, then how does anyone think these boards will follow them if they don't have to. Bev.
ReplyDeleteSelectmen Susan Munford and Lindsay Wilson II were not notified of the meeting.
ReplyDeleteMunford filed a complaint on March 1, shortly after learning of the meeting.
So was she going to be a no vote and squash the party?
I guess things aren't as bad as things look in Templeton.
Get along or get out.
The people need better from our Boards and committees.
PERIOD.