02/10/2014 County Commissioners’ Meeting Violates Open Meeting Law

Mary Pat Flynn, Chairman

Barnstable County Commissioners

3195 Main Street, P.O. Box 427

Barnstable, MA 02630

Dear Madam Chairman:

RE: 02/10/2014 County Commissioners’ Meeting Violates Open Meeting Law

The (Special) BarnstableCounty Commissioners’ Meeting scheduled for 10:00 AM, Monday, February 10, 2014 is presently in violation of the Massachusetts Open Meeting Law, specifically M.G.L. c. 30A, § 20(b) which states:

“Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least 48 hours prior to such meeting, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to such meeting. Notice shall be printed in a legible, easily understandable format and shall contain the date, time and place of such meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting.”

Pursuant to the aforesaid OML provision, an official meeting agenda and notice must be posted at least 48 hours in advance of the meeting in question, “excluding Saturdays, Sundays and legal holidays.” The notice for the meeting in question was posted at 12:10 PM on Friday, February 7, 2014, and the meeting it pertains to is scheduled for 10:00AM on Monday, February 10, 2014. This does NOT adhere to the statutory requirement mandated by the previously noted section of the Open Meeting Law. With that in mind, the County Commissioners Meeting that is currently set for 10:00 AM, Monday, February 10, 2014 is illegal and subject to an official complaint being filed with the Attorney General’s Office, Division of Open Government.

Since this issue has now been brought to the attention of the relevant parties involved, then if the meeting still takes place, the violation must be viewed as intentional by the AG’s Office.
For reference purposes, attached please find the official meeting agenda and notice in question.

 Thank you.

Sincerely yours,

Ron Beaty


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