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RECMGMT-L  June 2006, Week 2

RECMGMT-L June 2006, Week 2

Subject:

By Robert J. Ambrogi/ As You Were Saying...

From:

Don Saklad <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Sat, 10 Jun 2006 04:34:42 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (115 lines)

By Robert J. Ambrogi/ As You Were Saying...
http://news.bostonherald.com/editorial/view.bg?articleid=142949&format=text

   Home  >  News & Opinion  >  Opinion & Editorial  >

   E-mail article to a friend  E-mail article

   No democracy in the dark

   By Robert J. Ambrogi/ As You Were Saying...

   Saturday, June 10, 2006
   Earlier this month, Essex County District Attorney
   Jonathan W. Blodgett sued the Danvers School Committee
   for holding closed meetings in violation of the
   Massachusetts Open Meeting Law. Blodgett alleges that
   the committee violated the law not once, not twice, but
   six times within the space of two weeks. Just six
   months earlier, Blodgett cited the same school
   committee for violating the same law.

       In March, Suffolk Superior Court Judge Nancy
   Staffier Holtz fined the Boston City Council $11,000
   after finding it intentionally violated the Open
   Meeting Law 11 times in less than two years. The
   council's closed-door meetings were not inadvertent,
   the judge wrote. "Rather, the meetings were conducted
   in a manner which was calculated to thwart the
   presumptive rights of the public."

       Supreme Court Justice and former Boston lawyer
   Louis D. Brandeis wrote in 1933, "Sunlight is the
   greatest disinfectant." Unfortunately in Massachusetts,
   sunlight does not always reach where the law intends.
   Far too many meetings that should be public are not.
   The state keeps no records of open meeting complaints,
   but news reports such as these suggest the problem is
   getting worse.

       One reason is that our law lacks teeth. If you park
   your car illegally, you face a fine. If you return a
   library book late, you face a fine. But violate the
   open meeting law in this state, and you face no
   consequences. The law allows a fine against a municipal
   entity that violates the law, but not against its
   individual members. This means that taxpayers foot the
   bill for open meeting violations while the officials
   who break the law get away scot-free. For violations by
   state officials, the law has no penalties whatsoever.

       Massachusetts was once a leader in promoting open
   government. The state enacted its first open meeting
   law in 1958. The current law, on the books since 1975,
   says, "All meetings of a governmental body shall be
   open to the public and any person shall be permitted to
   attend any meeting except as otherwise provided by this
   section."

       Compared to other states today, however,
   Massachusetts ranks near the bottom in provisions for
   enforcement of its open meeting law. Forty states
   authorize some penalty - either civil or criminal or
   both - for violations. Some states even allow
   imprisonment as a potential sanction.

       A bill pending before the Legislature would bring
   enforcement of Massachusetts' open meeting law in line
   with other states. The goal is not to create new law,
   but to enforce the law already on the books. It would
   authorize courts to impose a civil fine of up to $500
   on an official who attends a closed meeting in
   violation of the law. Officials who object to closing
   the meeting would be exempt from the fine. Faced with
   paying penalties out of their own pockets, officials
   would think twice before shutting out the public.

       The bill, now before House Ways and Means, also
   creates an advisory board to monitor open meeting
   complaints and to educate government officials about
   the law's requirements. It would clarify that the law
   covers not only physical meetings, but also meetings
   using electronic media. For the first time, it would
   require meeting notices to include agendas.

       Officials sometimes violate the law negligently out
   of misunderstanding. When they are told of the mistake,
   they are quick to correct it. Officials who make
   innocent mistakes would not face fines under this bill.

       Time is running out for the Legislature to act on
   this vital bill. Access to public meetings is a matter
   of fundamental importance to all Bay State voters.
   Citizens have the legal right and civic duty to stay
   informed of the actions of government officials. They
   have the right to know what decisions officials make
   and why. This legislation will help ensure that state
   and local officials comply with the law and that the
   electorate remains protected and informed.

   Robert J. Ambrogi, a lawyer in Rockport, is executive
   director of the Massachusetts Newspaper Publishers
   Association.

   We invite our readers to contribute pieces
   of no more than 600 words. Mail contributions to the
   Boston Herald
   P.O. Box 55843
   Boston, MA

   E-mail article to a friend  E-mail article
http://news.bostonherald.com/editorial/view.bg?articleid=142949&format=text
By Robert J. Ambrogi/ As You Were Saying...

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