A Working Group of public officials, formed in November by the Norwich Selectboard, is apparently not giving public notice of its meetings or posting meeting minutes. This failure seemingly violates Vermont’s Open Meeting Law.
The group, known as the the Town Facilities Working Group, is to make recommendations to the Selectboard later this month regarding $4 million in improvements to Town buildings to reduce their carbon footprint. The ambitious goal is to have an Article on the ballot at Town Meeting in March.
At $4 million, the project is likely the largest public works project ever undertaken by the Town. In comparison, the contract to construct the Public Safety Building had a price of nearly $1.3 million.
The Open Meeting Law applies to any “public body.” The statute gives that term a broad definition at 1 V.S.A § 310(4):
“Public body” means any board, council, or commission of the State or one or more of its political subdivisions, any board, council, or commission of any agency, authority, or instrumentality of the State or one or more of its political subdivisions, or any committee of any of the foregoing boards, councils, or commissions, except that “public body” does not include councils or similar groups established by the Governor for the sole purpose of advising the Governor with respect to policy.
The Town Facilities Working Group was created by the Selectboard at its November 20th meeting and includes two Selectboard members, three Energy Committee members, two Finance Committee members, and the Town Manager, all elected or appointed public officials.
How is this not a public body? Even if arguably not a public body, the better practice, to me at least, is to err in favor of transparency. Openness is fundamentals to good government.
I doubt there’s any nefarious motive involved. However, it is important that small town government not get indifferent or careless in its approach to public notice.
Originally posted on HereCast on December 15, 2019