Frox:Comnunity Newspaper reves 7643 Frees: ro NO, resasa2aRe Feb, 15 2010 93:556H F2 ComMoNWEALTH oF MASSACHUSETTS PLYMOUTH o1sTAICT OFFICE OF THE DISTRICT ATTORNEY Re: Duxbury Seheol Commmiver (Open Meeting Law Fy Sch! Commitie vied he Open Metg Laon 3B. The Commie’ {wore fete cate he Counter td a peo eaten fee in ido permit renting of ie mecing, Aca he Comrie ste Aescrived and representations mace therein ze accurate” Yout December} ister states that the ‘Open Meeting Law was aot violated because “at.n0 time was tiping bared by hs Commillee, ‘nor were citizens r the press excluded” se Velaton of he Open Mesig av, GL «39, § 298 sa Pus Recast G66, gi 2871 P.o02/o08From:Community Newspaper x sates chat the individual who anerspted to tape the meeting was ‘pot skedto leave, You ste that Chairman Cipollett requestes tut the medie aford ae ‘Commitee the cpponuity 1 condisct the workshop withow press preseat te meeting for local cable. She calied her husband who came to elp ber pack Up the equipment Then, hey lef! ‘As this person was packing ber equipment, she observed Chairman Cipolleti ashe talked ‘0 Justin Gracber ofthe Duxbury Cipper. This winess heard the Chainnan sty, “Dus, this et am Geasber refuses, saying ‘became an elected oficial have thought about thet before you larly conducts these private meetings, ' __ Theevenitess isnot named in this Teter, «pubic record, Because ee is notte ‘complainantFron:Coanunity Newspaper erse97 4543 ya: #871 P.004/008 rom Fee HO, sTasaBees00 Fes, 33 201e corse Pa f ae SS Bete oor A Lecter Atomey Reedy, age 3 February 12, 2010 ba Antes Doty reported on wisiedlocal.con/Duntoury, “Sever mersbers ofthe commives ‘cxpressed disappointment over the presence of the press tthe vorsahop, which they sale Inhibited fonk diseussion. They went so fax ast ask reporters to consider ving.” Her article also coroborated that Dr. Evans eacoureged privacy. that anyone took issue ‘with this request” He stated that “at times public servants might need bit of privacy to site their diffsrences.” ‘The minutes ofthe open session of September 23 that yo pibvided to tis office wate, “Mr. Cipolet and Ds, Evans asked thatthe public refrain fem ping the mecting and Oat the ‘media cen an interview with the Chair and the Superinendent slong with minutes ofthe ppesmit the Conimitee to conduct the workshop withou the press present. The law could not beFron:Connunity Hesspaper HTEVERTH543 oz/ie/zov0 12:22 a7! P. 005/008 row rave, sveusnaana eb 13 a9 ans FS Lett Anomey Ready Pane 4 ebay 12,20 dle. al be pormised tend sy certing xp fescue eons. ea as tis opermine for the Carmien aay praca fo leave cae it iterferes with acd exsesially revokes the indvidvl’s right fo be than asked, a: [east 0 peopl, the eyewitness and Justin or netion sulted in to violations ofthe Open Mesting Law. ‘One of those two people actally did leave and she saw axother person Teave after the {nteabange between Mr. Graeber andthe Chairman. “The Commies CannocRenuest 0: Demand Tha: Ans Pasco Refisin From Recording An Oper Session . ‘Goverment! bodies must permit thir mecting tobe recorded, wheter by ano or 73B. You concede in your lee thatthe Chairinen ofthe Commie space privately wth ace person and requested Gat the person ot record the meeting, ‘You contend thr te person agreed and if, Tae mines tha! you proved alo teeta "Mr. ‘Collet an Dr. Evang eskod tht the public esi om ping the mowing.” "The witness explained that sbe was taping ‘is nots meeting open to everyone snd itis ‘Even without Ge statements of the eyewitaess the evident {smote than suficient to show a violation of te Open Mesting Law. Under the statue, ths Committe cannot ask & person not io record an open session and cannot prohibit ping. The evidence completely ‘omtradiets your lei and insiead demonstrates thatthe School Commitee did not simply tsk Dut demanded thet no recardiag occur. The request or demand thet the mecing not be ted ‘lalate the law and resulted inthe Lack of any video recoding ofthis meeting,Fron:Conaunity Howspaper eTaV8374548 oeyve/anio 12:28 AB7T P.908/008 Fes na, Fanssu2530) Feb, 13:20:08 99:28 PS _ =e . ae Lens t tome "hry 12g oh Paes aa steam ust con rn tm se nr i fo de ste te icaoed on September 23 >, Paras IB-C, VB; Draft Minutes, 10/7/09 Pras B-C; Draft Minstes — al pois that this office cannot ign afer «review ofthese “There should be no surprises ot he matings. Concerts should be en Mecting Lav ens pes’ 0 : , Pasties for quam ir eee mi Seal mat, suas tection of an aged aFron: Comunity Newspaper 1978168744849 ne/1e/2010 12:28 #871 P. 07/008 ret: a wo. + 7asg34gan0 Feb 43 2010 o8:5eR F7 tesezigono Feb 45 2048 —————— Later o Atay Red, Page February 12, 2010 A Ts ranean, amon, Bou of Sloan of anameaiow, 49 Mas App. Ct. 1 125 farther app. rev. denied 432 Mass, 1102 (2000) (obedoling and other tinist ars rena subject ote Open Meting Law), uasaed oe " The September 23d meeting also promote tho se of electric mai, (hereafter emai), to cornut busines, 3 9/23/08, Page 2, pres 3A, 4B). A quorum rust uever use email session, therefore ‘exinot be conducted by e-mail, If quorim ofthe Scool Committe: discusses a pubis mater within its usisdiction by e-mail, the School Committe will violate he Open Meeting Law. Furtter, e-mails may be subjest fo the Pubic Records Law. GLL.c, 66, 1b}: 0. 4, §7 126, [In summary, on September 25, 2009 the Duxbury School Conumitiee commited atleast thvee serions violations af the Oper. Meeting Law: (3) by zepeatedly telling the witness 0 leave ‘he meeting which actally resulted in er departure, 2) by repeatedly telling Mz. Gencber 10 leave, even though he did not do so, and (3) by refusing to permit any © meeting ‘thereby preventing Ms, Copp end the public from cbservitig the reconding af the meeting. The ‘Open Meeting Law simply does not permit members ofa governmental bo ‘heir differences asthe Chairman wrote in bis letter tothe Duxbary Cli ‘hear under the Open Meeting Caw, The Committee also violated the aw the minutes within em days of « request. Remedy 1.” The Sebool Committee must state publicly at an open session, without reservation, thatthe Comite vilated the Open Meeting Law an September 23,2008, 2,” The School Committee must ate publicly at Sn open session that the violation ‘onsite of tailing the pblic to leave an open session and denying the publ the sit to resonFrom:Connunity Henspapar 1978185744843 oarve/aio 12:28 #871 P.o08/008 Fron Fax no, srei9zeesI0 Feb. 33 amie oss Fe Lener to Attomey Reed, Page 7 February 12,2010 Please provide to this office the minites of the open sess a hich the School Commitee complies with tis remedy by March 32, 2010. Upon receipt of ose minutes, this imatir wl be closed. Seportendent Susan Sher