Open Meetings Law Violation Avoided, Cambridge, MA

Open Meetings Law Violation Avoided, Cambridge, MA

At the Cambridge City Council meeting on February 12, 2007 Mayor Ken Reeves said that the Neighborhood Safety Committee, is a non governmental body, and its meetings do not need to be open to the public. This is a recurring problem in Cambridge. The policy order from August 2, 2007, for the creation of the Neighborhood Safety Committee is below.
At the February 5, 2007 meeting Reeves said that the Council asked him and the Manager to appoint people and that is what they did. Councilor Simmons wants more appointees. Reeves talks of the committee as if it can be kept private.
Councilor Galluccio said on Feb. 12, 2007 "We have all taken an active role in creating this." He also said, "The mayor initiated this committee."
Reeves said, "We put 4 members of the Council but not a majority so that we can have the kinds of meetings we want to have. [...] I'm not sure that everybody understands how sensitive this is in terms of us really getting to the bottom of things. Because as it has evolved a lot of the problems that we have in the city are related to various circles of people [...] But there's some sensitive actualities in our midst [...] sometimes things are done away because there's a rationale that will not necessarily benefit from being publicized."
Reeves is pleading privacy without any reference to legal exceptions provided in the Open Meetings law. We are expected to trust his discretion because he knows better than the legislature. Ahem!
Controlling Massachusetts case law is General Electric vs. Dept. of Environmental Protection, 711 NE2d 589 (1999) where it is stated, "exceptions are not to be implied." Under Massachusetts case law on the Open Meetings law, if a committee is appointed under direction of a governmental body it is a governmental body and must be open to the public. The controlling case is Connelly vs. School Committee of Hanover, 565 NE2d 449 (1991). In that case the School committee created a screening committee. Both the School Committee and the Screening Committee are governmental bodies within the meaning of the Open Meetings law.
At the Feb. 12, 2007 Council meeting Councilor Simmons announced the meeting is for Wednesday Feb. 14, 2007. But no meeting is listed on the City calendar. Reliable sources say that the meeting will be held on Thursday February 15, 2007 at noon at the Mayor's office. [The meeting was cancelled.]
Reeves said, "We do have a first meeting scheduled. It is not a public meeting." Simmons said, "Which is problematic, but go ahead [meaning keep talking about it]."
Reeves continued: "And the reason it is not a public meeting is we have some very confidential statistics that have to be a part of this meeting." (On camera showed a frown by Simmons while he said that.)
Reeves: "There will be many public opportunities I'm sure from time to time, but every meeting of the committee will not be a public meeting." Decker asked for a recess but it was not called.
Simmons said, "This is not the City Manager's Committee. It is not the Mayor's Committee. It is the City Council's committee." There was more discussion about it being the people's committee. This committee is clearly a committee created by the Council. The meeting scheduled for Wednesday Feb. 14, 2007 will violate the Open Meetings law unless it is open to the public and a notice is posted outside of the clerk's office.
During the meeting the Clerk cringed when Reeves said it was not a public meeting. There were several emergency mini-meetings of the Journalism Committee by Decker and Reeves to bash the Cambridge Chronicle some more, but that is to be expected.

-- Roy Bercaw, Editor
ENOUGH ROOM
Cambridge MA USA

Policy Order Resolution O-1
IN CITY COUNCIL
August 2, 2006
COUNCILLOR SIMMONS
COUNCILLOR SULLIVAN
COUNCILLOR DAVIS

ORDERED: That the City Manager and Mayor be requested to convene a special task force on neighborhood safety;

and be it further ORDERED: That the task force include members from, but not limited to: Police and Crime Prevention Organizations; Business Community; Churches and community-based organizations; Cambridge Health Alliance; School Department; Youth; Court Representatives; and Educational Institutions.

and be it further ORDERED: That the goals for the task force include: Analysis of causes and effects of violent crimes in Cambridge; Plan for peaceful summers including proposing park and youth center activities and police coverage for next summer; Address issues of jobless young people in their twenties; Analyze the impact of CORI law and regulations; Improve police and community relations and communications; Analysis of impact of older young people in our community on young teens.