Jonathan Sclarsic, an assistant attorney general, sent the town a letter Monday stating that Coakley’s office believes the board violated a “bedrock principal of government transparency,’’ and has decided to refer the case to an administrative law judge for a hearing and potential fine.
The letter stated that the members knew they were going to vote on the Historic District Commission appointments on July 8, 2010, and they knew at the time of their discussion that the public meeting had not yet convened.
“Nonetheless, they came to an agreement on the slate of candidates that they would approve — in hushed voices and in an empty room — outside of public view,’’ the letter stated. “This is not a mere technical violation, but a violation of a bedrock principal of government transparency.’’
The letter also stated that although the board members may not have arrived that night with the intention of discussing candidates for appointment prior to the meeting, they should have been aware of their obligations under the law, which sets strict limits on what can be discussed outside of scheduled meetings.
“None of the member present stopped the discussion or chose to leave,’’ the letter states. “Thus, we conclude that the Board intentionally agreed on a slate of candidates for appointment, outside the view of the public, in violation’’ of the Open Meeting Law.
The selectmen were Thomas Fay, Susan Pope, Steve Correia, and John Bladon. Selectman Joseph Nolan had not yet arrived for the meeting.
The Board of Selectmen issued a statement Monday night stating that they plan to take time to review the letter.
“As we have stated before, the open-meeting law establishes a very high bar for all committees and Board members to do the public’s work in public,’’ the statement said. “That bar is set high on purpose, and appropriately so. We are committed to the open-meeting law and we are committed to make certain that this type of conduct will not occur again.’’
