Questions asked and they have been answered; enjoy the read.

Mr. Bennett,

Thank you for your service to the country.

We have an FAQ about electronic communications and deliberation on our website that I hope will be helpful for you:

May members of a public body communicate with the public through social media platforms such as Facebook, Twitter, and webpages?

Yes, members of public bodies may communicate with members of the public through any social media platform. However, members of public bodies must be careful not to engage in deliberation with the other members of the public body through such communications. If a member of a public body communicates directly with a quorum of the public body over social media platforms such as Facebook or Twitter, that communication may violate the Open Meeting Law. Public body members should proceed with caution when communicating via these platforms.

Posting on a blog is not a violation of the Open Meeting Law, nor is having comments open on the page. However, if a quorum of public body members discusses matters related to the business of the public body on the blog, it would probably constitute deliberation, which would be a violation of the Open Meeting Law.

We do not think it is necessary to include a disclaimer on your page.

Please let me know if you have any other questions.

Sincerely,
Kadie

Kaitlin Maher

Paralegal, Division of Open Government

Office of the Massachusetts Attorney General

One Ashburton Place, 20^th Floor

Boston, MA 02108

Ph: (617) 963-2451

Fax: (617) 727-5785

From: jeff bennett [mailto:j_bennett506@hotmail.com]
Sent: Wednesday, August 16, 2017 9:42 PM
To: Maher, Kaitlin (AGO) <Kaitlin.Maher@MassMail.State.MA.US>
Subject: Re: Templeton Advisory Committee OML complaint response

I have a couple of questions concerning the open meeting law, I am a member of the Templeton Advisory Committee and I have a blog as well as a facebook page, both are very open and public, as I block no one. I often post copies of emails from people such as the town accountant, selectmen etc, I sometimes post what was discussed/voted on at Advisory Committee meetings as well as selectmen meetings. I often comment on the actions of selectmen, I criticize them when I feel it is appropriate. My first question; is having the comments part of my blog "on" so anyone can comment a problem with the open meeting law? Second question, if I post a disclaimer such as all material on this blog is directed to members of the general public and is not intended to be read by my fellow Committee members, nor do I intend for any readers to convey such material directly or indirectly to my fellow Committee members.

or Disclaimer

Opinions expressed are those of Jeff Bennett and do not represent any other member of the Advisory Committee

Does that help keep me out of conflict with the open meeting law. I am a veteran with strong feelings and views on what is public and what should be allowed but I wish to walk the line so to speak so any guidance you may provide would be greatly appreciated. 

regards;

Jeff Bennett

all material on this blog is directed to members of the general public and is not intended to be read by my fellow Committee members, nor do I intend for any readers to convey such material directly or indirectly to my fellow Committee members.

Having just watched the meeting of the Templeton Board of Selectmen for August 14, 2017, it is apparent the selectmen had a conflict of whether to proceed forward with the supposed open meeting law violations of the Templeton Advisory Committee. The three present members of the board voted to not appeal or send anything to the division of open government concerning their two complaints filed with the Advisory Committee. It is apparent there will be no resignations, there will be no removal or big changes at or on the Advisory Committee, at least until some appointed terms are up. With davey smart in attendance, I look forward to his big blog post about all the action the division of open government will take against members of the Advisory Committee. I will be filing an open meeting law complaint against the board of selectmen for the posting of their meeting of July 31, 2017 as well as the elementary school building committee for their posting or lack there of for their last meeting. They will be filed according to the instructions on the complaint document and in the time frame specified. That would be following simple directions, as most adults can do. I hope they enjoy the read.

Disclaimer

Opinions expressed are those of Jeff Bennett and do not represent any other member of the Advisory Committee

all material on this blog is directed to members of the general public and is not intended to be read by my fellow Committee members, nor do I intend for any readers to convey such material directly or indirectly to my fellow Committee members.

"A repeat offender in recent years, the Board of Selectmen most recently failed to provide sufficient information in advance of a Feb. 27 meeting about topics discussed in executive session, and it discussed a topic that lacked a valid reason for being held in closed session, the attorney general’s office said."

If that applies to the selectmen of Webster, I believe it also applies to the Templeton Board of Selectmen, failing to provide sufficient information in advance of the July 31, 2017 meeting concerning the topic (s) for executive session. There are 10 reasons to go into executive session.

from the policies and procedures for the selectmen, drawn up by, discussed by , voted on by, and put in place by the selectmen only!

RESPONSIBILITIES OF THE CHAIRMAN:
       The Chairman of the Board shall:
1. Preside at all meetings of the Board. In doing so, he/she shall maintain order in the meeting room, recognize speakers, call for votes and preside over the discussion of agenda items.
2. Sign official documents that require the signature of the Chairman. A vote may be taken for the Chairman to sign when needed.
3. Call special meetings in accordance with the Open Meeting Law.
4. Prepare agenda with the Town Administrator.
5. Arrange orientation for new members.
6. Represent the Board at meetings, conferences and other gatherings unless otherwise determined by the Board or delegated by the Chairman.

AGENDA PROCEDURES: The responsibility for coordinating and planning the meeting agenda is that of the Town Administrator. Each of the Board members and the Town Administrator may place items on the agenda. The Town Administrator, in consultation with the Chairman, will schedule a realistic time period for each appointment, interview, conference or other schedule of business.

So, with a secretary to the selectmen/administrator who states she was/is a paralegal and now a selectmen in another town, an administrator with several lives and 35 +/- years of experience and a chairman on his second consecutive stint as chairman, one would think that between the three of them, a meeting agenda would be correct and posted in the proper time frame. That would most likely be incorrect. It is time for the selectmen to follow procedure and the law and post their meeting accordingly. Templeton resident deserve to know or at least have an idea of what will be talked about in secret.

Disclaimer

Opinions expressed are those of Jeff Bennett and do not represent any other member of the Advisory Committee

all material on this blog is directed to members of the general public and is not intended to be read by my fellow Committee members, nor do I intend for any readers to convey such material directly or indirectly to my fellow Committee members.


With "several lives" and 35 years experience, one would think interim town administrator Carter Terenzini would know how to properly post a meeting. With Templeton selectmen John Caplis on his second consecutive go round as chairman, one would think that he would have figured out how to properly post a meeting. Certainly, between the two of them, one could suppose that proper subjects would be scheduled for executive session. Perhaps that is not the case in Templeton, as there have been recent examples of what appears to be improper meeting posting and subject matter. TBA/TBD does not seem to give the public a good idea of what will be discussed at a meeting. That is one of the ideas behind the open meeting law guide. Putting up an agenda 24 hours before a meeting is not proper procedure. It is very clearly spelled out in the law: 48 hours prior (no Sundays/Saturdays). I believe these types of things are too often overlooked and officials are given a pass. I believe it is time to turn up the heat and get these basic items done correctly all the time. For the selectmen, no more continuance just to get around the 48 hour posting requirement.

Disclaimer

Opinions expressed are those of Jeff Bennett and do not represent any other member of the Advisory Committee

all material on this blog is directed to members of the general public and is not intended to be read by my fellow Committee members, nor do I intend for any readers to convey such material directly or indirectly to my fellow Committee members.

I think it is time to ask the question of the Chairman of the Templeton Board of Selectmen; do you understand how to post a meeting notice? Are you aware of the requirements on the content of said posting? Do you understand that there are only a certain number of reasons allowable by the law to enter into executive session? I am beginning to think the chairman does not, so it is time to start up the Open Meeting Law violation machine and fire away!




Disclaimer

Opinions expressed are those of Jeff Bennett and do not represent any other member of the Advisory Committee

all material on this blog is directed to members of the general public and is not intended to be read by my fellow Committee members, nor do I intend for any readers to convey such material directly or indirectly to my fellow Committee members.

Disclaimer

Opinions expressed are those of Jeff Bennett and do not represent any other member of the Advisory Committee

I wonder if people on this committee can count or tell time? The meeting agenda has to be posted 48 hours in advance

Change Summary

On Aug 7, 2017 3 PM EDT Susan Varney changed a meeting of Templeton Elementary School Building Committee as follows:

• Meeting agenda changed from

  To be determined

  to

  1 Call to order 
  2 Pledge of Allegiance 
  3 Approve bills and minutes
  4 OPM Update
  5 Contractor Pre-Qualifications
  6 Designer Update
  7 New Business
  8 Other

So that the meeting notice now reads:

Information for Meeting of Templeton Elementary School Building Committee
Tuesday August 8, 2017 6 PM EDT

Town:	Templeton, MA
Board:	Templeton Elementary School Building Committee
Time:	Tuesday August 8, 2017 6 PM EDT
Location:	Town Hall
Agenda:	1 Call to order 2 Pledge of Allegiance 3 Approve bills and minutes 4 OPM Update 5 Contractor Pre-Qualifications 6 Designer Update 7 New Business 8 Other
Scheduled By:	Susan Varney
Posted At:	Jul 31, 2017 10:05 AM EDT
Last Modified:	Aug 7, 2017 3 PM EDT

all material on this blog is directed to members of the general public and is not intended to be read by my fellow Committee members, nor do I intend for any readers to convey such material directly or indirectly to my fellow Committee members.

from the audit report;

The largest revenue source for Templeton is property taxes, representing about 59% of fiscal year 2016 revenue. Property taxes in Templeton come mostly from residential sources. Residential property taxes equal 89% of property tax revenue, the property tax burden is mostly on the residents. Unlike the rest of the state of Massachusetts, this area has not seen the resurgence of the housing market prices. Templeton's median household income is significantly less than the state wide average. Templeton generally taxes at or very near it's levy limit every year.

Education represents the largest expense for the town, at 48.7%. Public safety represents 19% of expense and public works represents 11.4% of costs. No other expense were more than 10%. Again, this is from the audit for fiscal year 2016.

Without an override, property taxes cannot increase by more than 2 1/2% per year, yet health insurance rises on average by 7% per year. So do you think keeping the health insurance cost split at its current level is sustainable? Do you think that a 2 1/2% annual increase will keep up with increases in other costs is sustainable? Is it right and just to seek property tax increases before adjusting other things, such as expenses, with one being adjusting the cost split of health insurance?

There are services that can be had without the burden of employee benefits, which equal higher operating costs for the taxpayers. Some of these are accounting services, dispatch and ambulance service to name a few. These are things paid for by a fee, which could be significant but does not come with the added burden of pension/retirement and health insurance. Just like the example of the state, increased benefit costs take away from education, roads, etc. Eventually, the town needs to change how it does business or residents will have to pay more. Their choice and their wallet. My opinion is that those who speak the loudest against these changes are usually the ones who stand to lose something, and they wish to keep those freebies, paid for by residents/taxpayers.

Disclaimer

Opinions expressed are those of Jeff Bennett and do not represent any other member of the Advisory Committee 

posted by Jeff Bennett