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Help From the District Attorney’s Office Sought

A member of the Billerica Watchers Group sent me a copy of a posting in which another member is seeking help to make the Billerica School Committee meetings more open to the public. Specifically, citizens are being denied the opportunity to speak at these supposedly “open meetings”. Not wanting to make legal statements of fact out of school, I sent the following email to the Office of the District Attorney for Middlesex County. The purpose of my email was to get answers as to the question of what constitutes an open meeting under Massachusetts law and specifically, the law as it is applied in Middlesex County. Also, I thought it helpful to ask what rights those in attendance of a school committee “open meeting” have regarding addressing the committee, asking questions of them and the expectation of having those questions placed on the record in minutes along with answers or a reason for not providing answers.

If any of you are also curious about the requirements and rights of citizens to speak when it comes to open meetings, I urge you to send an email to the D.A.’s office at the address below:


From:         rick@mac-donald.com
To:         webmaster.middlesex@state.ma.us
Subject:      Open meeting law and refusing to allow discussion of issues by members of the public in attendance

September 29, 2010, 6:17 a.m.

To whom it may concern,

The Billerica School Committee was held this past Monday.  During the meeting, one citizen in attendance, [ED "person x"] of Billerica attempted to ask questions of the committee members or to the committee in general and was denied that ability.  I have attached a copy of an email he sent to the Billerica Watchers Group asking for help in getting these meetings more accessible to the people.

Could you find your way to replying to this email with a copy of the Open Meeting law as applicable to School Committees and the right or lack of right of members of the concerned public to speak, to ask questions, or even to make critical statements in response to policy and hiring decisions such as the one sited in the email copy provided below?

My intent in asking for this information is twofold.  One is to help Mr. X get his plea for assistance addressed by expert authority and the other is to publish this issue and how the law applies to giving people a proper voice (or not) during these meetings in my blog, http://aforgottenman.wordpress.com

Thank you, in advance, for your prompt response to my request.

Sincerely,

Richard T. MacDonald, HMCS(SS)USN, retired
Billerica, MA 01821


School Committee Meeting

PLEASE HELP  OPEN UP THESE MEETINGS :

I attended the school committee meeting last night (Sept 27).  I was shocked and surprised to see how the school committee conducted their meetings.  As each item came up on the agenda, the appropriate presenters were called upon to deliver the message, and the chairman then asked the members if there were any concerns or questions.  There were no questions allowed from the audience before a motion was made and a vote taken.  I found this quite disturbing.
 
Just this afternoon and as I was preparing this message, the chairman of the School Committee, Maryanne Harring Laurendeau, called to say that she has found this policy to be frustrating for her as well, and that she has been and is pursuing a change in that policy to allow for public comment and discussion.  The third reading and a school committee vote for the changes she wishes to make will be made at the next school committee meeting on OCT 4.
 
AS A POINT.  I was NOT asked by Maryanne Laurendeau for any support or comment; however, If we wish for open and responsive government, we must ensure that people are not muted during public meetings. It might help if you call a school committee member and ask them to support a more open meeting and vote for changing the policy of excluding public comment during school committee meetings

During the meeting, I also found that there will be a new Administrative employee reporting to the Supt, a DIRECTOR OF FACILITIES.
 
I attended the school committee meeting last night to once again (3rd time) petition the board members to consider contract provisions that would define the roles and responsibilities of teachers and administrators to help ensure a safe, disruption free, and positive learning environment in all classrooms.
 
[ED "Mr. X"]

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