The Select Board met July 17, 2007. Althea Maynard and Cecelia Bloniarz asked the Select Board the status of the Fire Department. Mrs. Maynard was concerned with coverage for the senior citizens and response to their life alert. Select Board Chairman Tynan explained the senior citizens didn’t have to worry. He stated the Town has full coverage. Since July 1, there have been new firefighters come on board the department, and there are three EMTs on the Police Department. Also, Windsor will respond when called. The Select Board received a letter from the Adams Ambulance stating they will continue to support the town. He assured Mrs. Maynard training will be provided for new members of the Fire Department who need training.

Don McCauley, President of Minuteman Wind LLC, asked if the Select Board had read their (Minutemand Wind) bylaw proposal. Mr. Tynan replied they had read through it but didn’t form a group opinion or anything like that. The Select Board is still waiting for the Planning Board to present the Town bylaws. Jamie (Reinhardt) has told the Planning Board the bylaws would be ready for August.

Mr. McCauley inquired if he should proceed with introducing his proposed bylaw. Mr. Tynan explained he would want to wait and see what happened with the Town’s proposed bylaw. Mr. McCauley stated "he would believe it when I see it".

Mr. Tynan responded the Select Board had a pretty candid talk with Jamie. "It sounds like they (Planning Board) are pretty much done and Select Board is waiting to see bylaw". Mr. McCauley said he is waiting and anxious to get going. Mr. Tynan stated the Planning Board had worked hard on the bylaw. He said when Joe (Bettis) gets back from vacation maybe the Select Board can give Mr. McCauley more details on the proposal he had presented. "Ask me, that sounds fair enough."

Mr. McCauley responded "very good".

Mr. Malloy gave an update on the progress of the Conservation Commission regarding Griffin Hill Road and wet lands. He will return to the next Select Board meeting with further progress.

The meeting adjourned. Mr. McCauley stayed after the meeting to speak with the Select Board.
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The Massachusetts Attorney General’s office has published "Open Meeting Law Guidelines" that encompass the Massachusetts General Laws that apply to officials in government. Following are excerpts:

"Massachusetts adopted in 1958 its first open meeting law applicable to governmental units at the state, county and municipal levels. St. 1958, c. 626. In fact, there were three separate laws, one applicable to each level of government (state, county and municipal), but the substance of the three laws was the same. The first statute was fairly general in approach, and after a series of amendments over the years, the Open Meeting Law was substantially revamped in 1975, adding for each level of government a set of definitions of terms used and making more specific the provisions governing closed meeting sessions and notices of meetings. There have been a number of amendments to the Law since 1975, but its general format and provisions have remained the same. The purpose of the Open Meeting Law is to eliminate much of the secrecy surrounding the deliberations and decisions on which public policy is based. It accomplishes this purpose by requiring open discussion of governmental action at public meetings. The requirements of the Open Meeting Law grow out of the idea that the democratic process depends on the public having knowledge about the considerations underlying governmental action, for without that knowledge people are not able to judge the merits of action taken by their representatives. The overriding intent of the Open Meeting Law is therefore to foster and indeed require open discussion of governmental action at public meetings. Yet the Law does recognize that public officials might be "unduly hampered" if all discussions by public officials were required to be open. As a result, it specifies certain types of issues that may be discussed and decided in a closed session. These exceptions, however, are limited in number and narrow in scope.

The Law applies to those meetings of governmental bodies in which a quorum of the body convenes to deliberate on any public business or policy within its jurisdiction. The terms meeting, governmental body, deliberation, and quorum are specifically defined in the Law. G.L. c. 39, §23A. For covered meetings, the Law lays out specific procedures that must be followed. Most important is that the meeting be open to the public except in nine specific circumstances that are described in the statute. If one of the exceptions applies, the governmental body can meet in an executive session (closed session), provided it follows certain preparatory steps. Other critical procedural requirements are that records be maintained of all meetings (including executive sessions) and be made available to the public, and that notice of all meetings be publicly posted. Responsibility for enforcement of the Law at the local levels is vested in the District Attorney. However, judicial remedies in the form of prospective injunctive and declaratory relief may be sought by the District Attorney, the Attorney General, or three or more registered voters. Relief may also include an order invalidating or rescinding past actions by a governmental body or requiring the body to make its records public. Other remedies may be available as well; the Law states that its remedial provisions are not exclusive.

The Open Meeting Law is clear that all meetings of a governmental body are to be open to the public and any person shall be permitted to attend any such meeting unless the governmental body (1) validly decides to hold an executive session for one of the nine purposes outlined in the Law and (2) follows the prescribed procedures for holding such an executive session.

Note: "Telephone meetings" -- discussion by telephone among members of a governmental body on an issue of public business within the jurisdiction of the body -- are a violation of the Law. This is true even where individual telephone conversations occur in serial fashion.

"Revolving door" meetings, in which a quorum of members participates in serial fashion, are meetings under the Open Meeting Law and must comply with all the Law’s requirements.

With the advent of computers, it has become more common for persons, both at home and at work, to communicate through electronic mail, or "e-mail." Like private conversations held in person or over the telephone, e-mail conversations among a quorum of members of a governmental body that relate to public business violate the Open Meeting Law, as the public is deprived of the opportunity to attend and monitor the e-mail "meeting." Thus it is a violation to e-mail to a quorum messages that can be considered invitations to reply in any medium, and would amount to deliberation on business that must occur only at proper meetings. It is not a violation to use e-mail to distribute materials, correspondence, agendas or reports so that committee members can prepare individually for upcoming meetings."

If you are interested in the "Open Meeting Law Guidelines", go to www.mass.gov.