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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