I filed an open meeting law complaint because not only did the board use the rule of necessity in the wrong manner, they continued a meeting without a quorum sitting at the table and it is on video.

Jeff Bennett

April 25, 2016 

Attorney General, Maura Healey 

One Ashburton Place 

Boston, MA 02108-1518 

VIA: E-mail & First Class Mail 

RE: Open Meeting Law Complaint-Jeff Bennett 

Dear Attorney General Healey; 

Enclosed, please find a copy of the open meeting law complaint filed by Jeff Bennett on April 12, 2016, against the Templeton Board of Selectmen. Also enclosed is the Boards' response to the Complaint and copies of the supporting documentation. 

The complaint was filed with the Templeton Board of Selectmen on April 12, 2016, via in hand delivery by the complainant, and was time and date stamped when it was received. 

If your office needs further information, please let us know. 

For the Board of Selectmen, 

 

Holly A. Young, Senior Assistant to Town Administrator And Board of Selectmen 

Cc: Board of Selectmen via email 

Town Administrator 

Jeff Bennett via email 

RESPONSE TO OPEN MEETING LAW COMPLAINT 

Filed by Jeff Bennett, 77 Partridgeville Road, Templeton, MA 

Allegation: In part, the allegation states that the Board of Selectmen at their meeting on April 11, 2016, at 8:00 p.m. invoked the Rule of Necessity to discuss the budget and that this had been done at a previous meeting.

 

RESPONSE: The Board of Selectmen did have discussion on the use of the Rule of Necessity at two of their meetings, including the April 11, 2016 meeting. The Board did discuss the budget and specific items in the budget. Two members of the Board left the table during most of the discussion as they have immediate family members that work for the Town. This is a five member board, however, one of the members has not been attending meetings since August of 2015. The Board of Selectmen did NOT vote on any budget items that were discussed at the meetings during which time Mr. Bennett claims the Rule of Necessity was invoked. Due to the fact that the Board did not vote, the Board maintains that the Rule of Necessity was not invoked. 

The members of the Board of Selectmen were not quite clear as to the circumstances under which the Rule of Necessity could be invoked, however, they are planning to obtain information or training regarding the proper use of the Rule of Necessity. As the Board feels that the Rule of Necessity was not invoked, they feel there is not a need for an apology to residents or to publicly admit any error that Mr. Bennett perceives was made. 

The Board of Selectmen respectfully requests that you dismiss the complaint of Mr. Bennett and further find that the Board of Selectmen acted in accordance with the Open Meeting Law regulations per M.G.L. 

c.30A, 5206). 

Respectfully submitted,