By Robert J. Ambrogi/ As You Were Saying...
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No democracy in the dark
By Robert J. Ambrogi/ As You Were Saying...
Saturday, June 10, 2006
Earlier this month, Essex County District Attorney
Jonathan W. Blodgett sued the Danvers School Committee
for holding closed meetings in violation of the
Massachusetts Open Meeting Law. Blodgett alleges that
the committee violated the law not once, not twice, but
six times within the space of two weeks. Just six
months earlier, Blodgett cited the same school
committee for violating the same law.
In March, Suffolk Superior Court Judge Nancy
Staffier Holtz fined the Boston City Council $11,000
after finding it intentionally violated the Open
Meeting Law 11 times in less than two years. The
council's closed-door meetings were not inadvertent,
the judge wrote. "Rather, the meetings were conducted
in a manner which was calculated to thwart the
presumptive rights of the public."
Supreme Court Justice and former Boston lawyer
Louis D. Brandeis wrote in 1933, "Sunlight is the
greatest disinfectant." Unfortunately in Massachusetts,
sunlight does not always reach where the law intends.
Far too many meetings that should be public are not.
The state keeps no records of open meeting complaints,
but news reports such as these suggest the problem is
getting worse.
One reason is that our law lacks teeth. If you park
your car illegally, you face a fine. If you return a
library book late, you face a fine. But violate the
open meeting law in this state, and you face no
consequences. The law allows a fine against a municipal
entity that violates the law, but not against its
individual members. This means that taxpayers foot the
bill for open meeting violations while the officials
who break the law get away scot-free. For violations by
state officials, the law has no penalties whatsoever.
Massachusetts was once a leader in promoting open
government. The state enacted its first open meeting
law in 1958. The current law, on the books since 1975,
says, "All meetings of a governmental body shall be
open to the public and any person shall be permitted to
attend any meeting except as otherwise provided by this
section."
Compared to other states today, however,
Massachusetts ranks near the bottom in provisions for
enforcement of its open meeting law. Forty states
authorize some penalty - either civil or criminal or
both - for violations. Some states even allow
imprisonment as a potential sanction.
A bill pending before the Legislature would bring
enforcement of Massachusetts' open meeting law in line
with other states. The goal is not to create new law,
but to enforce the law already on the books. It would
authorize courts to impose a civil fine of up to $500
on an official who attends a closed meeting in
violation of the law. Officials who object to closing
the meeting would be exempt from the fine. Faced with
paying penalties out of their own pockets, officials
would think twice before shutting out the public.
The bill, now before House Ways and Means, also
creates an advisory board to monitor open meeting
complaints and to educate government officials about
the law's requirements. It would clarify that the law
covers not only physical meetings, but also meetings
using electronic media. For the first time, it would
require meeting notices to include agendas.
Officials sometimes violate the law negligently out
of misunderstanding. When they are told of the mistake,
they are quick to correct it. Officials who make
innocent mistakes would not face fines under this bill.
Time is running out for the Legislature to act on
this vital bill. Access to public meetings is a matter
of fundamental importance to all Bay State voters.
Citizens have the legal right and civic duty to stay
informed of the actions of government officials. They
have the right to know what decisions officials make
and why. This legislation will help ensure that state
and local officials comply with the law and that the
electorate remains protected and informed.
Robert J. Ambrogi, a lawyer in Rockport, is executive
director of the Massachusetts Newspaper Publishers
Association.
We invite our readers to contribute pieces
of no more than 600 words. Mail contributions to the
Boston Herald
P.O. Box 55843
Boston, MA
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By Robert J. Ambrogi/ As You Were Saying...
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