AG: Adams Meeting To Reprimand Melville Legal
.jpg) Selectwoman Paula Melville filed a complaint with the attorney general claiming the rest of the board held an illegal emergency meeting to discuss taking actions against her. The state ruled that the meeting was legal but took no stand on the board's actions. |
Following the emergency Feb. 28 meeting, Melville filed a complaint with Attorney General Martha Coakley saying the board had violated open meeting law.
The state ruled on Wednesday that the board had not violated the law despite Melville's allegations that the meeting was improperly posted and that the board had deliberated prior to the meeting.
"We find that the board was justified in holding an emergency meeting on February 28, 2011 and followed the proper steps to post notice ahead of the meeting. We find no evidence that a quorum of the board engaged in deliberation prior to the emergency meeting. We also find that no evidence that the town administrator facilitated a serial communication between a quorum of the board," the ruling reads in conclusion.
Board of Selectmen Chairman Arthur "Skip" Harrington said on Tuesday that he had no doubt that the ruling returned in the board's favor and is now glad the matter is now closed.
"I always felt we were in the right but it's nice to have it confirmed from the right sources," Harrington said. "I'm certainly glad that's behind us. We've been vindicated of doing anything wrong."
The meeting was convened in response to Melville allegedly revealing the contents of the town's administrator's preliminary budget prior to its being made public. Melville is accused of visiting the Council on Aging and revealing to employees that their jobs were purposed to be cut despite unresolved collective bargaining negotiations.
In written statements to the attorney general's office, Melville admits going into the COA to speak to the department head but denies that she revealed confidential information. According to the ruling, Melville asked a part-time staff member, whose position was cut in the budget, if the employee had seen the proposed budget and when the employee responded that she hadn't, Melville said "You won't be happy. I know I'm not." That was the extent of the conversation, Melville claimed.
Melville then met with the COA Director Erica Samson to discuss the budget and after Melville left, Samson contacted Town Administrator Jonathan Butler, who felt the action violated agreements with the collective bargaining unit that calls for the presence of a union representative during any meetings that involved individuals that may be laid off. Butler later said he had meetings scheduled with the union and the employees at a later time.
Butler contacted then Chairman Michael Ouelette and Harrington, who met with Butler and the town's labor attorney to discuss the allegations. However, since only two members of the board were present, there was no quorum and so did not fall under open meeting law regulations, according to the ruling.
At that meeting, the board members did acknowledge that Selectman Jason Hnatonko stopped in at Town Hall, which would have made a quorum, but deny that he was involved in the discussion. Additionally, the board claims Harrington left when Hnatonko arrived to avoid a quorum.
Melville also claims Butler released information to the media about the allegations prior to the emergency meeting but the state also found no evidence that was the case. (iBerkshires received the meeting notice but did not received any other documentation prior to the meeting.)
The emergency meeting was posted at 3:33 p.m. — three hours before the meeting — and a deputy from the Berkshire County sheriff's department served Melville with a copy of the meeting notice at 4:25 p.m. Melville did not attend the meeting.
That night, the board unanimously approved multiple motions that included disallowing Melville to enter town department premises without permission from Butler, disavowing her comments to the employees, reporting her to the state Ethics Commission and ordering her not to discuss town business with employees or department heads without permission.
The full ruling is available below.
Town of Adams: Open Meeting Law Finding
