#1 2009-07-22 15:07:34

This is the email notice I received about the meeting.  No further notice was sent.


7:00 PM – Room #320 Multi-Service Center, 48 Marion Road, Wareham Massachusetts



1.    ALL TO ORDER BY CHAIRMAN
2.    ROLL CALL
3.    CITIZENS PARTICIPATION
4.    ANNOUNCEMENT
5.    CONSENT AGENDA
a.    Authorization to sign bills and documents, etc.
b.    Approval of the Board’s regular minutes of June 30, 2009.
c.    Re-appointments to:  Board of Appeals; Board of Health and Conservation Commission.
d.    Interviews to: Historical Commission and Recycling Committee.
6.    LICENSES & PERMITS
a.    Continued from July 7, 2009 - Use of Town roads on Sunday, October 18, 2009 from 11:30 a.m. to 1:30 p.m. for the Wareham Middle School, 4 Viking Drive, Wareham their annual READERS BECOME LEADERS 5k RACE & WALK from the Minot Forest School to Great Neck Road to R.D. Stillman Drive and back to the Minot Forest School.
b.    Application for a one-day all alcoholic beverages license permit by Cromesett Tribe #156, Improve Order of Redmen, 754 Main Street, Wareham for their annual Clam Bake to be held at the outside grove area, 754 Main Street, Wareham on Sunday, August 2, 2009 from 12:00 noon to 9:00 p.m.
7.    TOWN ADMINISTRATOR’S REPORT
8.    TOWN BUSINESS
a.    Discussion with VADAR Systems.
b.    Any town business.
9.    SEWER BUSINESS
a.    Discussion with Municipal Maintenance Director re: Chapter 90 funds.
b.    Sewer Contract #1; Invoice #1 and Invoice #2
c.    Any other sewer business.
10.    LIAISON REPORTS
11.    ADJOURNMENT
12.    SIGNING OF DOCUMENTS APPROVED BY THE BOARD
13.    EXECUTIVE SESSION MEETING – POTENTIAL LITIGATION

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#2 2009-07-22 15:24:19

If this is the agenda they broke the open meeting law by meeting at 6 and voting to go into executive session.

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#3 2009-07-22 15:34:54

Not so fast.  It's the posted notification of the 6:00 o'clock meeting you need documentation of.  What we have here is simply the agenda for the 7:00 posted notification.  If there was no posting for them to meet at 6:00, then they have violated the open meeting law.  If it was posted for 6:00 and they did not start in open session, then again they violated the open meeting law.
Then there is the whole question of whether or not they posted, opened and entered into executive session for the proper reasons.

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#4 2009-07-22 16:48:20

bbrady wrote:

Not so fast.  It's the posted notification of the 6:00 o'clock meeting you need documentation of.  What we have here is simply the agenda for the 7:00 posted notification.  If there was no posting for them to meet at 6:00, then they have violated the open meeting law.  If it was posted for 6:00 and they did not start in open session, then again they violated the open meeting law.
Then there is the whole question of whether or not they posted, opened and entered into executive session for the proper reasons.

That's why I keep posting the link to the open meeting law.

I don't see how it could be spelled out more clearly.

If the posted notification was for 7 PM they broke the law if they started the meeting at 6PM.

"No executive session shall be held until the governmental body has first convened in an open session for which notice has been given, a majority of the members have voted to go into executive session and the vote of each member is recorded on a roll call vote and entered into the minutes, the presiding officer has cited the purpose for an executive session, and the presiding officer has stated before the executive session if the governmental body will reconvene after the executive session."

The "duh factor" is that the reason for the open meeting law is to assure that meetings are open, and, duh, that means that the public knows when they are going to be.

To keep the transparency that you want in local government you can't go around starting a meeting that everyone expects always starts at 7 and start it an hour early.

I mean, of course, the transparency that you and I think most residents want in Wareham.

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#5 2009-07-22 17:23:26

Mr. Brady, some of us CAN'T notify the AG's office for obvious reasons--town employees, or others that could be a target---so would you be willing to do so?

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#6 2009-07-22 17:48:24

I would if I was a Wareham resident. I fully understand why town employees are reluctant to do so. Whistle blowers laws are supposed to protect you but sometimes the heat employees take isn't worth it.

This doesn't mean a town employee can't set up a meeting to discuss  in confidence what they know, or send letters, and present documentation. The DA, AG and Ethics Commission are there for a reason. Sometimes you have to take the leap and trust someone.

Documents often speak for themselves. The DA, AG or Ethics Commission frequently don't need anything more than someone to point them in the right direction.

For all any of us know any of these three independent agencies may have a file started on some of the officials in Wareham.

Last edited by urneighbor (2009-07-22 17:50:12)

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#7 2009-07-22 18:24:30

bbrady wrote:

Not so fast.  It's the posted notification of the 6:00 o'clock meeting you need documentation of.  What we have here is simply the agenda for the 7:00 posted notification.  If there was no posting for them to meet at 6:00, then they have violated the open meeting law.  If it was posted for 6:00 and they did not start in open session, then again they violated the open meeting law.
Then there is the whole question of whether or not they posted, opened and entered into executive session for the proper reasons.

Since I received the email of the 7 p.m. meeting, wouldn't/shouldn't I have received an email of the 6:00 p.m. meeting if it were posted?

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#8 2009-07-22 18:49:22

Mixie wrote:

bbrady wrote:

Not so fast.  It's the posted notification of the 6:00 o'clock meeting you need documentation of.  What we have here is simply the agenda for the 7:00 posted notification.  If there was no posting for them to meet at 6:00, then they have violated the open meeting law.  If it was posted for 6:00 and they did not start in open session, then again they violated the open meeting law.
Then there is the whole question of whether or not they posted, opened and entered into executive session for the proper reasons.

Since I received the email of the 7 p.m. meeting, wouldn't/shouldn't I have received an email of the 6:00 p.m. meeting if it were posted?

My opinion, consistent with the open meeting law:
YES

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#9 2009-07-22 20:02:39

Molly, Let me start by saying that I am always willing to do what's needed to insist that our elected official's behavior is held to the letter of the law.  In Wareham right now, I and others have never been so busy.  Pretty much at every turn lately, there is another noted violation.  Some of us are now on a first name basis with Public Records, Ethics and the DA.
But it's become evident that they really don't much care what the letter of the law says.  There will be detail available at your meeting next week.  And I say your meeting because I want everyone to know that only those citizens, who are "unhappy with our leadership AND feel our community is headed in the wrong direction", will be allowed to participate.  NO MEDIA
As to this issue of their executive session last night, I didn't see the posting but I and troubled that the BOS went on record last week stating that the town has NO liability regarding Crimewatch yet this week we're holding an executive session with Crimewatch over the threat of "litigation".  If that's not libel, I'm hoodwinked.
Maybe they think we're all just real stupid and accept their lip service.  Not me.  And you shouldn't either

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#10 2009-07-22 20:04:30

Ethics commision complaints are confidential. The other two, you'll have to sign your name to.

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#11 2009-07-22 20:38:43

why cant we just email our concerns. I found the email for the AG, 
ago@state.ma.us. I wasn't able to find an email on the DA's website. If enough of us email it might get their attention.

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#12 2009-07-22 20:44:25

Marny,
They will refer you to the DA's office of Plymouth County. I've been down that route. I guess what we need to do is start figuring out how we can push the voter issue with the DA to get HIS attention.

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#13 2009-07-22 21:09:41

Not 100% sure, but I think they keep DA complaint letters confidential.

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#14 2009-07-23 18:55:36

Larry:
You want attention from the DA, vote in another one.

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#15 2009-07-23 23:39:34

I also received and posted(on 7/21 at 12:30 pm) to this site the agenda I received from Town of Wareham. It said 7 pm start and I never received any update, either. And why wouldn't WCTV be able to show the part where they were supposed to:
"No executive session shall be held until the governmental body has first convened in an open session for which notice has been given, a majority of the members have voted to go into executive session and the vote of each member is recorded on a roll call vote and entered into the minutes, the presiding officer has cited the purpose for an executive session, and the presiding officer has stated before the executive session if the governmental body will reconvene after the executive session."
Never Happened.
--This Leadership(I just puked in my mouth a little) SUCKS!!!

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