THE COMMONWEALTH OF MASSACHUSETTS

OFFICE OF THE ATTORNEY GENERAL

ONE ASHBURTON PLACE
BOSTON, MASSACHUSETTS 02108
MARTHA COAKLEY
ATTORNEY GENERAL
(617)727-2200
www.mass. gov/ago
July 28, 2014
Richard Cohen


RE: Open Meeting Law Complaint
Dear Mr. Cohen:
This office received your complaint dated June 30, 2014, alleging that the Lanesborough
Board of Selectmen (the "Board") violated the Open Meeting Law, G.L. c. 30A, 18-25.
Specifically, your complaint alleges that a May 9, 2013 letter sent by then Board Chair Robert
Barton to a number of individuals, including a quorum of the Board, constituted improper
deliberation. The complaint was originally filed with the Board on or about April 3, 2014. The
Board responded to the complaint through its attorney by letter dated May 1. 2014.
Complaints alleging violations of the Open Meeting Law must be filed with the public
body within 30 days of its alleged violation. G.L. c. 30A, 23(b); 940 CMR 29.05(1). If the
alleged violation could not have been known at the time it occurred, then the complaint must be
filed with the public body within 30 days of the date on which the alleged violation could
reasonably have been discovered. 940 CMR 29.05(3).
Mr. Barton sent a letter to a quorum of the Board on May 9, 2013, and resigned from the
Board shortly thereafter. You discovered Mr. Barton's letter when you received a copy from the
Clerk of the Superintendency Union 71 School Committee on March 27, 2014. It is not clear
whether the letter was reasonably discoverable before lhat time, though we note that ten people
were copied on the original letter, including the members of the Superintendency Union 71
School Committee and the Lanesborough Board of Selectmen. However, because the letter at
issue is now more than a year old, and because Mr. Barton has not been a member of the Board
since that time, we decline to review this complaint.
Although we do not review the merits of the complaint, we remind the Board that
"deliberation" is defined in the Open Meeting Law as an oral or written communication through
any medium, including electronic mail, between or among a quorum of a public body on any
public business within its jurisdiction. G.L. c. 30A, 18. Expression of an opinion on matters
O
within a body's jurisdiction to a quorum of a public body is a deliberation, even if no other
public body member responds. OML 2014-2; OML 2013-29.
1
We now consider this matter closed. If you have any questions regarding this letter,
please do not hesitate to contact our office at (617) 963-2540.
Sincere
cc: Lanesborough Board of Selectmen
Brian Riley, Esq.
Robert Barton
lathan Sclarsic
Assistant Attorney General
Division of Open Government
1
Open Meeting Law determinations may be found at the Attorney General's website,
www.mass.gov/ago/openmeeting.
2