Sunday, May 1, 2016

Description of alleged violation: 
Describe the alleged violation that this complaint is about. If you believe the alleged violation was intentional, please say so and include the reasons supporting your belief.
Image 
Note: This text field has a maximum of 3000 characters. 
April 1 1, 2016 @ 20:00 (8:00 P.M.), discussion turned to the budget, 2 members stepped down from the table, presumably because of relatives working for the Town, leaving only two members remaining. This js a five member board with one member having been pretty much absent for the past year. The explanation given of how only 2 members, less than a quorum, can have a meeting, Rule of Necessity was given. It was explained when members have a conflict, this rule allows for the remaining members to continue, even without a quorum. This is the second time this has been done and there are recordings showing this. I have been present at both meetings. Since the selectmen began an open meeting with a quorum but then go to less than a quorum and give a false reason as to why they are allowed to continue, at two different meetings. Since the agenda is made up ahead of time, at least 48 hours, there seems to be ample time for members to state they may have a conflict and to check with either Town Counsel or the Massachusetts Attorney Generals office or the State Ethics Commission on this to determine a legal course of action. There seems to be a pattern with this Board of Selectmen when it comes to the rules and I believe it needs to be corrected. There may not be facts to show this is intentional, but I believe it is serious enough to warrant action by the Office of the Attorney General. 
Image
ImageWhat action do you want the public body to take in response to your complaint? 
Note: This text field has a maximum of 500 characters. 
The Templeton Board of Selectmen to publicly admit the error, apologize to residents and receive training with regards to the open meeting law. I believe having a meeting or continuing a meeting of a five member board with only two members officially sitting at the table while giving a false reason as to why they can proceed shows a lack of knowledge of the Open Meeting Law and perhaps lack of respect for it. We have rules, laws and procedures and public officials need to know and follow them. 
Review, sign, and submit your complaint 
l. Disclosure of Your Complaint. 
Public Record. Under most circumstances, your complaint, and any documents submitted with your complaint, will be considered a public record and available to any member of the public upon request. In response to such a request, the AGO generally will not disclose your contact information. 
ll. Consulting With a Private Attorney. 
The AGO cannot give you legal advice and is not able to be your private attorney, but represents the public interest. If you have any questions concerning your individual legal rights or responsibilities you should contact a private attorney. 
Ill. Submit Your Complaint to the Public Body. 
The complaint must be filed first with the public body. If you have any questions, please contact the Division of Open Government by calling (617) 963-2540 or by email to openmeeting@state.ma.us. 
By signing below, I acknowledge that I have read and understood the provisions above and certify that the information I have provided is true and correct to the best of my knowledge. 
ImageSigned: 
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, 
Image 
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.
Image 
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, 
Shape