Category Archives: Open Meeting Law

Court: Norwich violated Open Meeting Law

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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. Continue reading Court: Norwich violated Open Meeting Law→

Norwich DEI Group disbands

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The Diversity, Equity and Inclusion Group (DEI Group) put together by then Town Manager Herb Durfee is no more. The group first met in September 2020 and disbanded in May 2021. This is dated news. But it is new to me and probably the general public, because the DEI Group met without public notice. I recently learned about its dissolution in a litigation document filed by the Town of Norwich in my Open Meeting Law suit. Further, the discovery document Continue reading Norwich DEI Group disbands→

Should the Selectboard be more forthcoming about the renewal of the Town Manager’s contract?

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Other than the Selectboard, the Town Manager is the most powerful position in Norwich town government. By statute, the manager has “general supervision of the affairs of the town.” The employment agreement with Town Manager Herb Durfee expires in about 40 days. Yet, with so little time left, the Selectboard won’t tell the public what its plans are. Why? Would it put the Town in an adverse position for the Selectboard to tell the public that it is in the Continue reading Should the Selectboard be more forthcoming about the renewal of the Town Manager’s contract?→

$13,000 in legal fees on Open Meeting Law

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The Town’s law firm billed the Town $13,000 in legal fees to address Open Meeting Law issues, in the final three months of 2020. Over $8,000 was spent on the Planning Commission’s response to a formal notice of violation filed by three residents. The complaint related to working groups run by the Planning Director for the Planning Commission. Another $5000 in legal services was provided to the Town for a training session that was closed to the public. The law Continue reading $13,000 in legal fees on Open Meeting Law→

Green Fleet Working Group: Public not invited

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The Norwich Selectboard created a Green Fleet Working Group in September. Not much, if anything, has been publicized about this group since. As it turns out, the Working Group won’t commit to compliance with the Open Meeting Law. Nor will the public at large have representation on this group. That is the word from Town Manager Herb Durfee who is leading the group. What is it about “working groups” that causes officials to conclude that such groups are magically exempt Continue reading Green Fleet Working Group: Public not invited→

Planning Commission splits in response to claim of an Open Meeting Law violation

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The Planning Commission says it did not violate the Open Meeting Law in formulating the 2020 Town Plan. The vote on that position was four in favor, two against, and one abstention. In a letter responding to the claim of a violation, the PC admits that whether it broke the law is “not entirely clear.” At issue are a number of “working groups” formed to facilitate the drafting of the Town Plan. Three residents, including a Planning Commission member, say Continue reading Planning Commission splits in response to claim of an Open Meeting Law violation→

Why is the Planning Commission going into executive session to discuss the Open Meeting Law?

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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 Continue reading Why is the Planning Commission going into executive session to discuss the Open Meeting Law?→

Sewer Working Group to dissolve?

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The Wastewater Working Group established by the Planning Commission in June is apparently going to dissolve. That seems to be approach it will take to cure its violation of the Open Meeting Law. The agenda for the meeting, on August 26 at noon, reads in part: 6. Response to OML violation: a. Suggested Motion: The Wastewater Working Group affirms that an ‘action’ taken in any unnoticed meeting is void b. Suggested motion: The Wastewater Working Group recommends that it be Continue reading Sewer Working Group to dissolve?→

Sewer Working Group violates Open Meeting Law

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Whether Norwich constructs a sewer to service the Village and Route 5 South will certainly be a hot button topic, as it has been for years. However, I did not anticipate the first button pushed to be a dispute about the Vermont Open Meeting Law (OML). Sadly, the dispute was easily avoidable, because the Selectboard resolved the same OML question in December 2019. At the end of this post, I think out loud about who decides these public notice issues. Continue reading Sewer Working Group violates Open Meeting Law→

Transparency? Selectboard approves no-bid contract, without public notice. Selectboard packet ‘revised’ after issuance.

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The Selectboard approved a no bid contract for an engineering study related to the replacement of the box culvert on Route 132. Fees paid to Stantec Engineering are not subject to competitive bids. The action, taken on June 10, was not on the agenda. That seems like a violation of the Vermont Open Meeting Law. No materials were in the original Selectboard packet. In addition, the Selectboard packet was “revised” after issuance to include information about the no-bid contract. As Continue reading Transparency? Selectboard approves no-bid contract, without public notice. Selectboard packet ‘revised’ after issuance.→