Alleged open meeting law violation against Marion Select Board
MARION — The Marion Select Board has been accused of violating open meeting law by communicating opinions on the Point Road bike path outside of a public meeting.
On Oct. 21, Marion Open Space Acquisition Commission Chair John Rockwell filed a complaint with the attorney general’s office of Massachusetts saying that a document containing Select Board Chair Norm Hills’ opinion regarding the bike path project was distributed via email by Town Administrator Geoff Gorman to the rest of the board.
On Wednesday, Nov. 6, Gorman announced that the town is awaiting adjudication from the attorney general’s office of Massachusetts.
“In summary, there was a violation in that the opinion of one member of the Select Board was shared via email with the remainder of the board outside of public meeting,” Gorman said.
He said that the email has been deemed “deliberation” by the attorney general’s office, which violates open meeting law.
Massachusetts’ open meeting law defines deliberation 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.”
The law states that if a member sends an email to a quorum of the public body expressing an opinion, open meeting law has been violated.
The attorney general’s office will determine whether the violation was intentional and could require members to take a training session, nullify action taken at the meeting or impose civil penalties, among other potential issued orders.
In Rockwell’s written complaint, he said he wants the Select Board to publicly acknowledge that open meeting law was violated and “pledge” not to violate it again.