#1 2009-09-02 07:56:26
I don’t know if this is possible, but could someone write an article for the town meeting to vote on, asking that all future executive sessions were either video recorded or audio recorded. Since minuets either disappear or get altered I think the public would be interested in getting accurate information on the executive sessions. It’s in the executive sessions where legal decisions are talked about which end up costing the tax payers money so a more full and accurate record would be nice. Does anyone know if we have any control over how the executive sessions are run? Could someone add such an article for town meeting to vote on? Would something like that be in the charter?
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#2 2009-09-02 17:18:37
Marny
Anyone can certainly wirite an article for town meeting. If ten taxpayers place their signature on it, and if it is submitted prior to the date that articles need to be submitted by, it must be submitted to town meeting by the Board of Selectmen as a citizens petitioned article.
However, at Town Meeting, Town Counsel might rule that it is out of order and cannot move forward to be voted upon .
While it would be wonderful to have executive sessions taped, I would anticipate that Counsel would back the Selectmen and rule that taping of executive sessons are not permissable, arguing that executive sessions are private, due to the sensitive material being discussed, such as legal issues, real estate negotiations, contract negotiations, etc. He may also argue, "Who would tape them?", since no one is allowed in the meeting except those authorized to be there". Maybe the person taping could sign an affidavit, that they won't discuss what transpired which is what the person who transcribes the executive session minutes does, but I don't think this Board would support any effort of that kind.
You most certainly can give it a try, but based on my experience with Town meetings I would guess that once it made it to the floor, Town Counsel would rule that it's not a valid article.
Years ago, all executive sessions were voice recorded. Once the minutes were transcribed from the recording and voted upon, the tape could be destroyed. That might be a suggestion, to go back to voice recording the meetings and then transcribing. One could suggest that the tapes not be erased or destroyed. That might make a better article?
Last edited by Maturevoter (2009-09-02 17:24:01)
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#3 2009-09-02 17:28:08
I agree with Mature...
Executive sessions are reserved for very sensitive material. Firings of Town employees, anticipated litigation from any party, discussions of budgetary items that are sensitive, etc.
I believe that the BOS can dictate that executive meetings can be audio or video taped, but that they must be kept confidential until the particular issue is resolved.
Audio and video tapes would be helpful to the BOS to remind them of their discussions at a later date, as well as evidence to present to any investigative authority to conform with the law.
Remember this: executive sessions are not designed to skirt the Sunshine Laws, nor should they be. The transcripts are taken to prevent that accusation.
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