Wednesday, April 20, 2016

Good Afternoon,

I was notified that Jeff Bennet sat as a voting member of the IAC this morning. I do not have him listed as a member of this board, and have confirmed that he has not been sworn-in with the Town Clerk.

Should the Advisory Board wish to have Mr. Bennet serve on the IAC, they will have to make a vote and notify me of such so that I can get it on the Board of Selectmen’s agenda for appointment. Once appointed he can see the Town Clerk to be sworn-in and begin serving as a voting member.

Until these steps are completed he cannot serve as a voting member, and doing such could result in an open meeting law violation.

    Thank You for your time,
  Alisha O'Malley

Alisha O'Malley, Human Resources
Town of Templeton Board of Selectmen
P.O. Box 620, 160 Patriots Road
East Templeton, MA  01438
Phone 978-894-2756

This email was forwarded to me by the chairman of the Advisory Board, it apparently was sent to all members of the advisory board except to Jeff Bennett. This is what I found when I checked the open meeting law guide:

Bodies appointed by a public official solely for the purpose of advising the official on a decision that individual could make alone are not public bodies subject to the Open Meeting Law. For example, a school superintendent appoints a five-member advisory body to assist her in nominating candidates for school principal, a task the 1 Although the Legislature itself is not a public body subject to the Open Meeting Law, certain legislative commissions must follow the Law’s requirements. Open Meeting Law Guide Page 4 Version 3.18.15 superintendent could perform herself. That advisory body would not be subject to the Open Meeting Law. The Town Administrator and selectmen made the call to keep the health insurance as it is after some meetings last year so presumably, that could have been done this year and this committee by its name is only an advisory committee doing what the Town Administrator could do so does the open meeting law come into play? 

Bennett

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