“You may not have a right to speak, but you have a right to watch,” Pam Wilmot, executive director of government watchdog Common Cause, said about current protections under the law.
I’ve yet to see a reason offered why this would be a good thing. Did they figure, heck, let’s see if we can’t use the undisclosed locations since Cheney will be vacating in a few months?
Is when you start going down to the committee and subcommittee level and reach a point where two members constitute a quorum, you do have a situation where you can’t talk to each other in the hallway without someone taking the minutes.
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p>Now, that’s a slight exaggeration, but the fact is the open meeting law does not scale down well. This of course, does not mean that the Boston City Council (or any body) should be exempted from it, but it’s not quite as simple as it might seem at first.
laurelsays
i’m guessing the two committee members can talk in the hall, just not about committee business. i face the same thing with a board i’m on. if we happen to be present in quorum numbers, we have to officially convene if we want to talk about business. but we’re perfectly free to stand there and talk about mccain’s promoting of torture, or his desire to bomb iran (for example).
There are 14 on the City Council, however there are committees which have as few as three councillors. If any two of them meet and discuss business of their specific committee (education, public safety, etc.) that is a violation of OML.
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p>The advice I’ve received from the Middlesex D.A.’s office is that when in the presence of a quorum not to talk to one another in hallways or corners of rooms or in other ways that could be construed as violations of OML. Two committee members talking in a hall is different than two council members — they could talk council business so long as they aren’t in the presence of a quorum and so long as the conversation ends there and doesn’t risk serial quorum.
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p>It sounds like the City Council isn’t seeking an exemption from OML to avoid the requirements for their small committees. They want to exempt the whole council. Ludicrous!
In today’s Herald the Boston City Council President Maureen Feeney does a pretty good job of putting the famous 80 page report in a little perspective. As some of our BMG members who also serve on public boards, have commented on this diary, it ain’t easy being transparent.
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p>
“All we’re trying to do is find more clarity,” said Council President Maureen Feeney. ‘No one here wants to circumvent the process.”
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p>And Maureen’s got the hard earned trust of Bostonians and the political skills to manage a public (and transparent) process to balance the interests of citizens and elected or appointed policy makers.
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p>Full disclosure – I’m a long time supporter of Maureen Feeney.
sabutai says
I’ve yet to see a reason offered why this would be a good thing. Did they figure, heck, let’s see if we can’t use the undisclosed locations since Cheney will be vacating in a few months?
sco says
Basically, on a three person committee, no two members can legally talk to each other about any topics that might come before the committee.
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p>It’s a hassle, but that certainly doesn’t mean that the City Council should be exempt.
sco says
Is when you start going down to the committee and subcommittee level and reach a point where two members constitute a quorum, you do have a situation where you can’t talk to each other in the hallway without someone taking the minutes.
<
p>Now, that’s a slight exaggeration, but the fact is the open meeting law does not scale down well. This of course, does not mean that the Boston City Council (or any body) should be exempted from it, but it’s not quite as simple as it might seem at first.
laurel says
i’m guessing the two committee members can talk in the hall, just not about committee business. i face the same thing with a board i’m on. if we happen to be present in quorum numbers, we have to officially convene if we want to talk about business. but we’re perfectly free to stand there and talk about mccain’s promoting of torture, or his desire to bomb iran (for example).
dweir says
There are 14 on the City Council, however there are committees which have as few as three councillors. If any two of them meet and discuss business of their specific committee (education, public safety, etc.) that is a violation of OML.
<
p>The advice I’ve received from the Middlesex D.A.’s office is that when in the presence of a quorum not to talk to one another in hallways or corners of rooms or in other ways that could be construed as violations of OML. Two committee members talking in a hall is different than two council members — they could talk council business so long as they aren’t in the presence of a quorum and so long as the conversation ends there and doesn’t risk serial quorum.
<
p>It sounds like the City Council isn’t seeking an exemption from OML to avoid the requirements for their small committees. They want to exempt the whole council. Ludicrous!
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p>
judy-meredith says
In today’s Herald the Boston City Council President Maureen Feeney does a pretty good job of putting the famous 80 page report in a little perspective. As some of our BMG members who also serve on public boards, have commented on this diary, it ain’t easy being transparent.
<
p>
<
p>And Maureen’s got the hard earned trust of Bostonians and the political skills to manage a public (and transparent) process to balance the interests of citizens and elected or appointed policy makers.
<
p>Full disclosure – I’m a long time supporter of Maureen Feeney.