My listserv post from earlier today.
The Planning Commission is holding a special meeting on Friday to discuss a claim by three residents that the Planning Commission violated the Open Meeting Law (OML) in formulating the Town Plan. As I understand the allegation, working groups used by the PC to formulate the Town Plan did not attempt to comply with the OML.
The special meeting agenda suggests that this discussion will be held behind closed doors in executive session, rather than in public session.
The question is why not discuss the topic in public? Why should any discussion about the Open Meeting Law, or whether it applies, be held in secret?
Here, the Planning Commission is relying on the statutory exemption that “premature general public knowledge” would “clearly” place the Planning Commission at a “substantial disadvantage.” 1 V.S.A § 313 (a)(1). If the topic is the OML, where is the “substantial disadvantage” that is “clearly” suffered by the PC if the public gets “premature” knowledge? The Open Meeting Law is to protect the public, not to protect the Planning Commission from the public.
Moreover, the Planning Commission is not required to go into executive session even if the statute is satisfied. Executive session is an option not an obligation.
The PC agenda suggests it will be receiving “confidential attorney-client communications” from Town Counsel and hence the PC can go into executive session under 1 V.S.A § 313 (a)(1)(F). Nevertheless, the PC must still satisfy the precursor that “premature general public knowledge would clearly place the public body or a person involved at a substantial disadvantage.” With respect to discussions about the Town Plan and the Open Meeting Law, how can public knowledge of Town Counsel’s views be a bad thing?
Note that the claim of an Open Meeting Law violation is not new. Apparently, Jeff Goodrich of the PC raised the OML issue during the Town Plan process. If so, perhaps Town Counsel should have been brought in sooner rather than later.
There seems to be three substantive issues here. First, did the Town Plan working groups need to comply with the OML? Second, if so, what needs to be done to cure the violation of the OML? Third, if a cure is not feasible, is the Town Plan void or voidable? Discussion of all of these issues deserve a public airing, I believe, not one behind closed doors.
Links:
PC Agenda http://norwich.vt.us/wp-content/uploads/2012/06/PC-Agenda-2020-10_16-Special.pdf
1 V.S.A § 313 https://legislature.vermont.gov/statutes/section/01/005/00313