Nonpublic Meeting on Criminal Matter Continued

Selectmen met behind closed doors for an hour Wednesday to talk about a criminal matter and no resolution was reached.

Board members met with town attorney Darren Klein and two other people in the selectmen's room at .

The talks were expected to last 15 minutes but extended to four times that length. The matter is to be continued.

Board Chairman Matt Strauss said after the talks ended that he could not discuss the item because it was an executive session matter.

He did say that it was the first time during his tenure on the board that the members entered executive session for this purpose:

The reason given by the town for going behind closed doors:

• For the purposes of investigating charges of criminal misconduct and to consider the possible filing of criminal complaints.

According to Attorney General Martha Coakley's Open Meeting Law Guide, the reason listed by the town is one of 10 purposes for which the board members can talk about an issue behind closed doors.

The reason is listed on the attorney general's guide as Purpose 5 and it says this:

Purpose 5. To investigate charges of criminal misconduct or to consider the filing of criminal complaints;

This Purpose permits an executive session to investigate charges of criminal misconduct and to consider the filing of criminal complaints.  Thus, it primarily involves discussions that would precede the formal criminal process in court.  Purpose 1 is related, in that it permits an executive session to discuss certain complaints or charges, which may include criminal complaints or charges, but only those that have already been brought.  Also, unlike Purpose 5, Purpose 1 confers certain rights of participation on the individual involved, as well as the right for the individual to insist that the discussion occur in open session.  To the limited extent that there is overlap between Purposes 1 and 5, a public body has discretion to choose which Purpose to invoke when going into executive session.

For those who would like to know what Purpose 1 has to say, here it is:

Purpose 1. To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The individual to be discussed in such executive session shall be notified in writing by the public body at least 48 hours prior to the proposed executive session; provided, however, that notification may be waived upon written agreement of the parties.

This Purpose is designed to protect the rights and reputation of individuals. Nevertheless, it appears that where a public body is discussing an employee evaluation, considering applicants for a position, or discussing the qualifications of any individual, these discussions should be held in open session to the extent that that the discussion deals with issues other than the reputation, character, health, or any complaints or charges against the individual. An executive session called for this Purpose triggers certain rights on the part of an individual who is the subject of the discussion. The individual's right to choose to have this discussion in an open meeting takes precedence over the right of the public body to go into executive session.

While the imposition of disciplinary sanctions by a public body on an individual fits within this Purpose, this Purpose does not apply if, for example, the public body is deciding whether to lay off a large number of employees because of budgetary constraints.