THE COMMONWEALTH
OF
MASSACHUSETTSOFFICE OF THE ATTORNEY GENERAL
ONE ASHBURTON PLACEBOSTON, MASSACHUSETTS 02108
(617) 727-2200(617) 727-4765 TTYwww.mass.govlago
MARTHA COAKLEY
ATTORNEY GENERAL
April 30, 2012Debora LeFaveDear Ms. LeFaye:
This office received your complaint on March 20, 2012, alleging a violation of the OpenMeeting Law, G.L. c. 30A, §§ 18-25, by the Northern Berkshire School Union Conmtittee (the"Committee"). Specifically, your complaint alleges that on November 3, 2011, the Committeeentered into executive session for an improper purpose. This complaint was originally filed with
the Committee on December 20, 2011. We received the Board's response in a letter dated
January 13, 2012.
The Open Meeting Law requires that complaints be filed with the chair of the public
body within 30 days of the alleged violation. G.L. c. 30A, § 23(b). If the alleged violation could
not have been discovered at the time it occurred, then the complaint must be filed within 30 days
of when the alleged violation could have reasonably been discovered. 940 CMR 29.05(3). The
Attorney General may decline to review Open Meeting Law complaints that are filed with the
Attorney General more than 90 days after the alleged violation, unless the complainantdemonstrates good cause for delay. 940 CMR 29.05(6).You allege that a violation of the Open Meeting Law took place during the Committee'sNovember 3, 2011 executive session. Because the alleged violation took place in executive
session, it is foreseeable that it could not reasonably have been discovered at the time it occurred.
Your complaint did not state when you discovered this alleged violation, however our January
23, 2012 letter presumed it was discovered at the time the complaint was filed, and therefore set
the deadline for seeking further review by our office at 90 days from the day you filed your
complaint with the Committee.
We sent you a letter on January 23, 2012, stating that if we did not receive a copy of youroriginal complaint with a request for further review by Mach 19, 2012, we would consider this
matter closed. We received your complaint on March 20, 2012 — one day after that deadline had
passed.' You did not identify any good cause for the delay in filing your complaint, therefore we
decline to investigate this matter.
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Prior to receiving your complaint, we sent you a letter on March 20, 2012, stating that we had notreceived a complaint filed by you in this matter and considered this matter closed.
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