by Dan Conley
http://www.universalhub.com/node/9499
Open Meeting Law
Submitted by Dan Conley on Mon, 07/09/2007 - 1:57pm.
Conley Editor's note:
In June, Universal Hub readers selected selected five questions for
Suffolk County District Attorney Dan Conley.
Here is his answer to one of them:
Why does your office not prosecute violations of the Open Meeting
Law? Or, if you don't have the resources to devote to such
prosecutions, how about providing some advice and assistance to the
citizens who are willing to take up the cause of transparency in
government?
We do handle open meeting law complaints and, through it, we do our
best to foster transparency and accountability. The open meeting
law is very broadly written - and intentionally so - but its
fundamental purpose is to ensure that citizens have access to the
decisions made by their representatives. There are few state laws
so important to the practice of democracy, and I was very glad to
learn that so many Universal Hub readers voted for this question.
As District Attorney and as a former member of the Boston City
Council, I can tell you from first-hand experience that very few
violations of the open meeting law are intentional. Most people in
government try to act in the spirit of the law, but because the law
is broadly written, it can sometimes lead to disagreements over the
interpretation and applicability of the law even among reasonable,
well-intentioned people (including lawyers). There is also
sometimes misunderstanding over what the remedies the law
provides. It can impose fines on institutions found in violation,
but rarely against individuals; it can order a correction of any
past transgressions, usually by making public any meeting minutes
or information previously withheld; and it can order an end to any
practices not in keeping with the law. As DA, I've found the best
course is usually to explain to officials, in writing, the rules by
which they must abide and bring them into voluntary compliance.
My advice to citizens who really take this issue to heart - and, in
fact, to every citizen - is to participate in the life of your
community. It's a rewarding experience and one that, I think, will
reinforce my contention that most of those in public office really
do care about what the average resident thinks and therefore
genuinely wants as open and transparent a process as possible.
Beyond that, should you encounter what you feel is a violation of
the law, first bring it to the attention of the offending
agency. Document your experience in a letter, then follow up with a
phone call. If the agency or its representative is not responsive,
then don't hesitate to bring it to my office - we can and will take
action.
http://www.universalhub.com/node/9499
by Dan Conley
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