Friday, May 30, 2008

Landfill executive session

I'm not sure I get why there is an executive session before the special City Council meeting Monday night.

According to Mass. General Law, executive sessions (as exceptions to the open meeting law) may only be called when discussing strategy with respect to litigation. Read the Open Meeting Law Guidelines here, which includes (on pg. 25):

Discussions concerning strategy with respect to ongoing litigation obviously fits within this
purpose, but again only if an open meeting may have a detrimental effect on the litigating position of the governmental body. Discussions relating to proposed litigation are not covered by this excemption unless that litigation is clearly and imminently threatened.21 That a person is represented by counsel and supports a position adverse to the governmental body's does not mean litigation is imminently threatened. Nor does the fact that a newspaper reports a party has threatened to sue mean imminent litigation.


Note: A governmental body's discussions with town counsel do not automatically fall under this or any other exception. (my emphasis)

According to the Daily News, this session is to allow Mark Reich, the city's attorney, to give updates on potential litigation regarding the landfill, specifically the issues stemming from 21E.

Please correct me if I'm wrong about this. What am I saying? I know that you will.

2 comments:

Tom Salemi said...

Gillian,
I'm confused. None of the text you highlighted (or italicized) is coming up on the page you linked to. Is there another doc that I'm missing.
Thanks

Tom

Gillian Swart said...

Thanks, Tom, for pointing that out. I added the link to the guidelines, which is where the text came from. My mistake!