Open Meeting Law Briefs

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The state Attorney General's Office issued the following opinions on three Open Meeting Law complaints against Berkshire County boards. The opinions can be found here.
 
Dalton Board Fails to Release Executive Session Minutes
 
DALTON, Mass.— The state attorney general's office has determined the Fire District Board of Water Commissioners violated Open Meeting Law by failing to announce and record the results of any periodic review of its executive session minutes. 
 
Evaluations of 17 sets of open session minutes from July 30, 2024, to May 13, 2025, showed no announcements regarding executive-session minute reviews, Assistant Attorney General Elizabeth Carnes Flynn stated in an opinion dated Aug. 20.
 
Christian Tobin, the former fire chief, filed two complaints against the board, alleging that it failed to list or maintain many documents, handouts, and exhibits used during public meetings. 
 
Tobin was terminated in January and has since filed a lawsuit against the district alleging a breach of contract and wrongful termination.
 
Additionally, he claimed that the notice for the June 23 meeting did not include a sufficiently specific topic for the executive session, and that the board did not conduct or disclose periodic reviews of the executive session minutes.
 
The board's failure to announce and record executive session minutes was the only violation determined by the state. 
 
The attorney general's office declined to review the allegation that the board did not list or maintain documents used during public meetings because the complaint did not identify any particular documents, handouts, or exhibits the board is alleged to have failed to list and retain. 
 
"Open Meeting Law complaints must allege violations with a degree of specificity as our office will not conduct broad audits of public bodies based on generalized allegations," Flynn said in an email to the Board of Water Commissioners. 
 
The determination acknowledges that OML requires that meeting minutes list the documents and other exhibits used at a meeting. However, such documents are governed by the Municipal Records Retention Schedule.
 
Complaints involving municipal records retention may be resolved by the supervisor of records within the Secretary of the Commonwealth's Office.
 
The state found the the district was not in violation of OML for not including a specific topic for the June 23 executive session because the meeting was canceled. 
 
"When a public body does not actually deliberate on a noticed topic, the public body cannot violate the Open Meeting Law with respect to the sufficiency of that topic, even if it would have been insufficiently specific had the public body proceeded with its deliberation," Flynn wrote.  
 
Adams Selectmen Cleared of OML Violation
 
ADAMS, Mass. — The Board of Selectmen was found not to have violated Open Meeting Law regarding its response to a prior complaint. 
 
Resident Catherine Foster's complaint was based on a prior complaint she made on Dec. 20, 2024. Town counsel had requested an extension of the 14 business days to respond, which was approved to Jan. 21. The board met on Jan. 15 and the response to Foster was sent to her and the Attorney General's Office on Jan. 22.
 
Foster's complaint was that the board had not reviewed the response before "delegating the responsibility of responding to the
complaint." Assistant Attorney General Elizabeth Carnes Flynn said, upon watching the Jan. 15 meeting, that "it does not violate the Open Meeting Law for legal counsel to review an Open Meeting Law complaint and propose a response prior to the public body reviewing the complaint and authorizing the response."
 
Great Barrington Select Board Failed to Review & Release Executive Session Minutes
 
GREAT BARRINGTON, Mass. — The Select Board was found to have violated Open Meeting Law by failing to respond to a request for years-old executive session minutes. 
 
The complaint was filed with the Attorney General's Office by Bill Shein on Jan. 27 after the board responded to his Dec. 2 complaint in February. 
 
Shein had asked for the minutes from June 25, 2018, Sept. 17, 2018, Oct. 28, 2019, and Dec. 16, 2019, with the request they be reviewed at the board's Nov. 4, 2024, meeting. The board only reviewed the December 2019 minutes at that meeting and then-Town Manager Mark Pruhenski told Shein the other three sets would require a legal review. 
 
The board did not review these until February and released them with redactions by legal counsel.
 
Assistant Attorney General Carrie Benedon, in an opinion dated Aug. 6, found the board failed to respond in a timely manner and did not review them at reasonable intervals to determine if they should be disclosed. 
 
"The board did not respond in any way until the town manager responded to the complainant on December 11, 2024, by which time the board had held five meetings; furthermore, it is not clear if the board or anyone acting on its behalf reviewed the minutes until Feb. 10, 2025. Therefore, we find that the board violated the Open Meeting Law," she wrote.
 
The AG's Office declined to "opine on the appropriateness of the redactions" as the complaint was specific to the release of the minutes.
 
"The Open Meeting Law authorizes the attorney general to investigate a complaint alleging a violation of the Open Meeting Law but does not give the division the authority to determine whether the assertion of the attorney-client privilege is justified or whether an exemption to the Public Records Law applies to allow a public body to redact portions of executive session minutes," Benedon wrote.
 
Flynn said it is only required that the public body review the complaint and authorize the response prior to the response being sent to the complainant and the AG's Office. 

 


Tags: open meeting complaint,   

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Youth For The Future: Adwita Arunkumar

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — Williams Elementary School fourth-grader Adwita Arunkumar has been selected as our April Youth for the Future for her mentoring of a younger child.

Youth for the Future is a 12-month series that honors young individuals that have made an impact on their community. This year's sponsor is Patriot Car Wash. Nominate a youth here

Adwita has cortical visual impairment; she has been working with her teacher, Lynn Shortis, and her, paraprofessional Nadine Henner.

"My journey with CVI means that I learned in a different way. I work hard every day with Miss Henner and Miss Lynn, to show how smart I am," she said.

"Adwita is a remarkable student. She's a remarkable child. She has, as she shared, cortical visual impairment, which is a brain-based visual processing disorder, which means the information coming in through the eyes is interfered with somewhere along the pathways, and we never quite know what's being interpreted and how and how it's being seen," said Shortis.

"So she has a lot of accommodations and specialized instruction to help her learn."

Recently Adwita has chosen to mentor 4-year-old Cayden Ziemba, who is also visually impaired.

"I decided to be a mentor to Cayden so that she can learn some new things. I teach her how to walk with the cane, with the diagonal and tap technique, I am teaching her Braille," she said. "I enjoy spending time with Cayden, playing games and being a good role model."

Shortis said the mentoring opportunity came up when Cayden was entering preschool at Williams, and they introduced her to Adwita. 

"Adwita works really, really hard academically. She's very smart, but there are a lot of challenges in that, because of the way that it's so visual and she's a natural. She's just, it's automatic," Shortis said. "It's kind of like a switch is turned on and she becomes this extremely confident and proud person in this teacher role."

Adwita also has been helping Cayden on how to use her cane on the bus and became a mentor in a unexpected ways.

"Immediately at the start of this year, she would meet Cayden at the bus. She has taught Cayden how to use her cane to go down the bus stairs. Again, Adwita learned that skill, so it wasn't something I had to say to her, this is what you need to have Cayden do. She just automatically picked that up and transferred that information," said Shortis. "Cayden is now going down the bus step steps independently with her cane. And then she really works hard with Adwita in traveling through the hallways, Adwita leads her to her class every morning, helps her put her things away and get ready for her morning."

Adwita said she hopes Cayden can feel excited about school and that other students can feel good about themselves as well.

"I want them to know that Braille is cool to learn. You can feel the bumpiness with your fingers. I want people to know how you can still learn if your brain works differently sometimes. I need to have a lot of patience working with a 3-year-old. I need to be creative and energized," she said.

She hopes to one day take her mentoring skills to the head of the class as a teacher.

"I want to become a teacher and teach other students when I grow up. I might want to teach math, because I am great at it," she said. "I also want to teach others about CVI. CVI doesn't stop me from being able to do anything I want to. I want students to not feel stressed out and know that they can do anything they want by working hard and persevering."

Her one-to-one paraprofessional said she likes seeing the bond that has grown between the two girls, and can picture Adwita being a teacher one day.

"I do see her in the future being a teacher because of her patience, understanding and just natural-born instinctive skills on how to work with young children," Henner said.

Shortis also said their bond is quite special and their relationship has helped to bring out the confidence in each other.

"The beauty of it, there's just something about it their bond is, I don't even really have a word to describe the bond that the two of them have. I think they share something in common, that they're both visually impaired, and regardless of the fact that their visual impairment differs and the you know the cause of it differs," she said.

"They can relate. And they both have the cane. They're both learning some Braille. But there's something else that's there that just the two of them connected immediately, and you see it. You just you see it in their overall relationship."

 
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