OPEN MEETING LAW COMPLAINT FORM Of?ce of the Attorney General One Ashburton Place Boston, MA 02108 Piease note that all ?elds are required unless otherwise noted. Your Contact Information: First Name: Ronald Last Name: Beaty Address:? City:? State: MA Zip Code:- Phone Number: Ext. Emaii: Organization or Media Affiliation (if any): Are you ?ling the complaint in your capacity as an individual, representative of an organization, or media? {For statistical purposes only) Individual Organization El Media Public Body that is the subject of this complaint: City/T own County El Regional/ District State Name of Public Body (including city/ Board of Selectmen, Town of Sandwich town, county or region, if applicable): 130 Main St., Sandwich, MA 02563, Phone: 508?888-4910 Speci?c personis), if any, you allege committed the violation: Date of alleged violation: 12/20/2018 Page ?i Description of alleged violation: Describe the alleged violation that this complaint is about. If you believe the alleged violation was intentional, please say so and include the reasons supporting your belief. Note: This text field has a maximum of 3000 characters. Relative to its 5:30 PM, December 20, 2018 meeting agenda and notice, the Town of Sandwich Board of Selectmen lists an Executive Session under item Number 2 pertaining to two separate matters. The Second matter simply states the following: Purpose 3: Collective Bargaining Strategy. This description of the executive session topic was not suf?ciently speci?c to properly inform the public of what would be discussed during said Executive Session. A public body may enter executive session for any of ten enumerated purposes. G.L c. 30A, 21(3). Before entering into executive session, the chair must state the purpose for the executive session, stating all subjects that may be revealed without compromising the purpose for which the executive session was called. G.L. c. 30A, One purpose for executive session is for public bodies to discuss, "strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position ofthe public body and the chair so declares.? G.L. c. 30A, 21 (?Purpose While the Board's collective bargaining strategy discussion was appropriate for executive session, we ?nd that the Board failed to publicly state ?all subjects that may be revealed 'without compromising the purpose for which the executive session was called" at the time it entered into executive session. See c. 30A, Generally, public bodies must identify the collective bargaining unit with which they are negotiating on the public meeting notice and before entering into executive session under Purpose 3. See OML 2013?129,- OML 2013-91; and 2015-87. in violation of the Massachusetts Open Meeting Law, the Town of Sandwich Board of Selectmen failed to do this regarding the meeting and notice in question. Additionally, the Board of Selectmen has also failed to review Executive Semen minutes for public release on a regular basis as required by the OML. Open, transparent and accountable government is of paramount importance. When a public body violates the Open Meeting Law as outlined above, it is detrimental to the public interest and a breach of the public What action do you want the public body to take in response to your complaint? Note: This text ?eld has a maximum of 500 characters. In a timely fashion, the public body should take immediate remedial action via seriously addressing and completely correcting the violations that have been pointed out. It should also take concrete measures to ensure that the stated OML violations do not occur again. The Executive Session meeting minutes should be immediately released to the public. Finally, all members of the public body and its staff should be mandated to undergo veri?able Open Meeting Law training within sixty (60} days. Review, sign, and submit your complaint l. Disclosure of Your Complaint. Public Record. Under most circumstances, your complaint, and any documents submitted with your complaint, is considered a public record and will be available to any member of the public upon request. Publication to Website. As part of the Open Data initiative, the AGO will publish to its website certain information regarding your complaint, including your name and the name of the public body. The AGO will not publish your contact information. ll. Consulting With a The AGO cannot give you legal advice and is not able to be your private attorney, but represents the public interest. if you have any questions concerning your individual legal rights or responsibilities you should contact a private attorney. Ill. Submit Your Complaint to the Public Body. The complaint must be filed ?rst with the public body. if you have any questions, please contact the Division of Open Government by calling {617) 963-2540 or by email to openmeeting@state.ma.us. By signing below, i acknowledge that I have read and understood the provisions above and certify that the information I have provided is true Date: Oil/lo 1,2.qu K. For Use By Public Body For Use Date Received by Public Body: Date Received by AGO: HOMES) (H7 Town of Sandwich OLDEST ON 1. 1' - - 130 MAIN STREET SANDWICH. MA ?12553 TEL. mo Sorrow-5144 E-MAIL: FAX. 5086336045 . - .. - TOWN CLERK . .. . EL. . ..- .. . BQAR 5. T, EN AGENEJA TOWN OF SANDWICH .Deoember 2t}, 2618 5:39 PM. BEC- 1 a 2318 Sandwich Town Hall 136 Main Street. 3 <3 1. Convene Open. Session in Auditorium RECEIVED RECORDED 2. Executive M.G.L. c.30A, ?21(a) The Chair deoleree that having an open session may have a detrimental effect upon the Town?s bargaining, litigating, or negotiating position. as applicable. Porgoee #6 Acquisition, Valuation, Disposition 84 Lease of Real Property Deeoon Eldred House. Lease; Potential Property Dropoeitlon For __oe_e Collective Bargaining Strategy 3. Pledge of Allegiance 4. Review 8; Approval of Minutes Hag/18. 1216113 5. Public Forum {?15 Minutes) 6. Town Manager Report 7. Correspondence Statements I Announcements Future items Follownoo 1? .10 Minutee) 8. Staff Meeting- Williem Yetee Request to Site Temporary Trailer at Neueet Street 7:30 PM. Pobllo Heerino: Transfer of All Alcohol Common Viotoaller License from Sweet Tomatoes too. to Sweet Tomatoes LLC, 95 Topper Road a Etyehe Semis, Owner Manager 9. Old Business Dreft State 81 Federal Beach. Renourishment Erosion Prevention Letters a Selectmen Holiday at Spring Meeting Schedule cher Matters Not Reasonably Anticipated by the Chairman 10. New Business a Recommended Appointment to Historic District Committee Rte-appoint Jackie Muneell 8: Amanda Sawyer ee Allernetee; Appoint Bill ee Atternete a Report on Any Approved Vendor 33; Payroll Warrants - Qtl?ter Matters Not Reasonably anticipated by the Chairmen . .. o/K/f