In a recent decision, a Vermont Superior Court Judge ruled that two working groups of the Norwich Finance Committee violated the Open Meeting Law when they met in 2020. The Town asserted the groups were not subject to the Open Meeting Law because they were not “public bodies”. The Court disagreed, saying to “conclude otherwise would make a mockery of the Open Meeting Law.”
Full disclosure: I am the plaintiff in the case, proceeding without the assistance of a lawyer. A copy of the Court decision is available here.
Also of note, according to an affidavit filed in the case, Town Manager Herb Durfee advised the Finance Committee Chair that compliance with the Open Meeting Law was not required.
Case continues
The decision does not end the case. The Court denied both parties motions for summary judgment on Open Meeting Law claims relating to the DEI Group, formed by then Town Manager Durfee, and the Finance Office Subgroup, formed by the Selectboard. After further discovery, those claims will go to trial. In addition, the Town can ask the Court to reconsider the ruling on the Finance Committee working groups. After the Superior Court issues a final judgment, parties can also appeal adverse rulings to the Vermont Supreme Court,
Financial commitment
So far, the Town has spent nearly $100,000 in legal fees on this case, according to a listserv post citing the interim Town Manager. The Town is obviously committed to winning the case. Presumably, Town counsel provided officials with some form of a litigation risk analysis, discussing the likelihood of success and estimating a legal budget. Otherwise, it makes no sense to have ignored my settlement proposal and declined my offer to use mediation. How much more will the Town expend on further discovery, trial and appeals? The Selectboard might discuss that topic during executive session on May 10.
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Contact me at norwichobserver[at]gmail.com
What a sad state of affairs. $100, 000 of the taxpayers money could be better spent.
John Farrell
Norwich
I would love to see the Selectboard reflect on this recent decision and use the opportunity to find the high road and settle this. $100,000 in legal to battle transparency is no place for our town government. Sadly the initial decision to fight was with a differently composed SB and TM. Two TM later and fresh faces could result in mature decisions and a resolution. One can only hope.
Additionally, $100,000 is the equivalent of 5 Solaflect or Norwich Technologies solar panels. The Town could have used that money to own solar and generate green power (instead of the 2007 agreement where the panels ended up in Lunenberg and we lost the purchase option). Thus working on Article 36. If you add up the studies, consultants and legal over the last 5 years, I wouldn’t be surprised if it approached $500,000. We need more pragmatic management.