SWQC Open Meeting Law Complaint by George Harris

GEORGE H. HARRIS 8 HOLIDAY ROAD WAYLAND, MASSACHUSETTS 01778 Tel & Fax: (508) 358-2379

E-mail: ghharris@comcast.net

September 24, 2012

By Hand Wayland Surface Water Quality Committee Town Building 41 Cochituate Road Wayland, MA 01778 Dear Members: I am filing herewith an Open Meeting Law complaint pursuant to G. L. c. 30A, ยง 23(b) and 940 CMR 29.05(3).

I look forward to receiving your response within 14 business days.

Enclosures cc: Town clerk (w/ encls.) (by hand)

OPEN MEETING LAW COMPLAINT FORM Office of the Attorney General One Ashburton Place Boston, MA 021 08 Please note that all fields are required unless otherwise noted.

Your Contact Information: First Name: George

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Last Name: Harris

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Address: 8 Holiday Road State: MA

City: Wayland Phone Number: Email:

+1 (508) 358-2379

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Zip Code: _0_17_7_8_____

Ext.

ghharris@comcast.net

Organization or Media Affiliation (if any):

None

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Public Body that is the subject of this complaint: ~ City!Town

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Name of Public Body (including city/ town, county or region, if applicable): Wayland Surface Water Quality Committee

Specific person(s), if any, you allege committed the violation: Date of alleged violation:

Page 1

Sep 5, 2012

Description of alleged violation: Describe the alleged violation that this complaint is about. If you believe the alleged violation was intentional, please say so and include the reason s supporting your belief.

Note: This text field has a maximum of 3000 characters.

This is a complaint that the Wayland Surface Water Quality Committee (Committee) violated the Open Meeting Law, G. L. c. 30A, §§ 18-25, at its meeting on September 5, 2012, when it (1) failed to follow proper procedures for remote participation and (2) deliberated on topics that had not been described in the meeting notice with sufficient specificity to reasonably advise the public of issues to be discussed.

Please see attached statement with exhibits for a full description.

What action do you want the public body to take in response to your complaint?

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Please see attached statement for actions the Committee should take in response to this complaint.

Review, sign, and submit your complaint Read this important notice and sign your complaint.

Under most circumstances your complaint will be considered a public record and be available to any member of the public upon request.

1understand that when I submit this complaint the Attorney General's Office cannot give me legal advice and cannot act as my personal lawyer.

1certify that the information contained on this form is true to the best of my knowledge.

Signed' /~ Page 2

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Date'

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OPEN MEETING LAW COMPLAINT WAYLAND SURFACE WATER QUALITY COMMITTEE

This is a complaint that the Wayland Surface Water Quality Committee (Committee) violated the Open Meeting Law, G. L. c. 30A, §§ 18-25, at its meeting on September 5, 2012, when it (1) failed to follow proper procedures for remote participation and (2) deliberated on topics that had not been described in the meeting notice with sufficient specificity to reasonably advise the public of issues to be discussed.

The Committee is a five-member public body. The- co-chairs are Bob Goldsmith and Toni Moores. Neither was physically present at the meeting. Moores attended remotely by telephone.

Remote Participation In a number of respects, the Committee failed to follow the requirements for remote participation pursuant to 940 CMR 29.1 0. The minutes (see Exhibit 1) do not identify who chaired the meeting in the physical absence of the co-chairs. No reason is cited in the minutes for co-chair Moores' remote participation. The votes in items 1 and 2d were not taken by roll call, as required.

Notice Deficiency Public bodies are required to list topics in a meeting notice with "sufficient specificity to reasonably advise the public of the issues to be discussed at the meeting." 940 CMR 29.03 . The Committee's public notice for its meeting on September 5, 2012 lists nine topics to be discussed.

Topics 3-8 do not contain sufficient specificity to reasonably advise the public of the issues to be discussed.' For example, "Dudley Pond," as set forth in the notice, does not inform the public of the substance of the discussion of this topic that actually occurred. See Exhibit 1, item 2. The same is true for notice topics "Heard Pond," "Lake Cochituate" ("North Pond"), and "Old Business."

The Committee's meeting notice cautions that "the list of topics shall have sufficient specificity to reasonably advise the public of the issue to be discussed." Somehow the Committee appears to have overlooked its own advice.

The Committee's meeting notice for July 11, 2012 (and previous dates) provided fairly good topic specificity (except for "New Business"). See Exhibit 3. But the notices for the next four meetings are inadequate (and identical). See Exhibits 4-6 and 2.

1

Notice topics "Public Comments," "New Business," and "Invoice Approval" were not discussed at the meeting (this is not intended as criticism). Notice topic "Lake Cochituate" is discussed in the minutes under "North Pond."

Actions Requested of the Committee

1. The Committee shall acknowledge its errors at a public meeting and enter same in its minutes.

2. The Committee shall correct the minutes of its September 5, 2012 meeting to identify the acting chair and the reason for Mr. Moores' remote participation.

3. The Committee shall pledge that it will henceforth comply with all requirements of the Open Meeting Law, in particular (1) satisfying all remote participation requirements and (2) listing all topics on the meeting notice with sufficient specificity to reasonably advise the public of issues to be discussed.

SeptemberJf,2o 12

Minutes of Wayland SWQC 5 September, 2012 Meeting Prepared by Toni Moores Present: Tom Largy, Lin Bradford, Mike Lowery, Toni Moores (by telephone) The meeting came to order at 7:35 PM . There was no public comment.

1.

Minutes of the previous meeting were approved 4-0

2. Dudley Pond . a. Very little hand pulling has occurred over the past two weeks. b. Smaller milfoil plants are being found in various area. c. No further information is available regarding a community septic system on Dudley Point. d. Based on a unanimous vote Mike Lowery will write a letter to Fred Turkington asking that sections of private roads around Dudley Pond be identified.

3. Heard Pond . a. Tom Largy will attend the upcoming SuAsCo meeting regarding the Nyanza settlement.

4.

5.

North Pond a. The remaining funds from the 2012 partnership will be used by Lycott to hand pull various priority areas. b. Milfoil plants at the "pinch point" will be hand pulled. c. No milfoil fragments have been caught by the fragment barrier for the past two weeks , due primarily to low flow into North Pond Old Business a. Mike Lowery is working on a prioritized list of future SWQC actions.

6. The meeting was adjourned at 8:11 PM

TOWN OF WAYLAND- TOWN CLERK'S OFFICE NOTICE OF MEETINGS OF TOWN BOARDS/COMMITTEES/COMMISSIONS Poste d in acco rdance wit h th e provisions of the Open Meeting Law PLEASE TYPE OR PRINT LEGIBLY

NAME OF BOARD/COMM :

Su rfa ce Water Qua lity Comm ittee

FILED BY:

Toni Moores, Co-chairman

DATE OF ME ETING :

Wednesday, September 5, 2012

TIME OF MEETING :

7:30PM

PLACE OF MEETING :

Town of Wayl and Bu ilding

NOTE: Notices and agendas are to be posted at least 48 hours in advance of the meetings excluding Saturdays, Sundays, and legal holidays. Please keep in mind the Town Clerk's business hours of operation and make the necessary arrangements to be sure this notice is received and stan1ped in an adequate amount of time.

AGENDA

1.

2.

3.

4.

5.

6.

7.

8.

9.

Approval of Minutes Public Comments Dudley Pond Heard Pond Lake Cochituate Old Business New Business Invoice Approval Adjournment

NOTE: Per changes to the Open Meeting Law, notice of any meeting of a public body shall include "A listing of topics that the chair reasonably anticipates wi ll be discussed at the meeting". AG's Office guidelines state that the list of topics shall have sufficient specificity to reasonably advise the public of the issue to be discussed. Please list those topics on the above agenda.

Revised Meeting Notice/June 23,2010

C;<H tfStT ~

TOWN OF WAYLAND- TOWN CLERK'S OFFICE NOTICE OF MEETINGS OF TOWN BOARDS/COMMITIEES/COMMISSIONS Posted in accordance with the provisions of the Open Meeting Law PLEASE TYPE OR PRINT LEGIBLY

NAME OF BOARD/COMM:

Surface Water Quality Committee

FILED BY:

Bob Goldsmith, Co-chairman

DATE OF MEETING:

Wednesday, July 11, 2012

TIME OF MEETING:

7:30PM

PLACE OF MEETING:

Town of Wayland Building

NOTE: Notices and agendas are to be posted at least 48 hours in advance of the meetings excluding Saturdays, Sundays, and legal holidays. Please keep in mind the Town Clerk's business hours of operation and make the necessary arrangements to be sure this notice is received and stamped in an adequate amount of time.

AGENDA 1.

2.

3.

4.

5.

6.

7.

8.

Approval of Minutes Public Comments Dudley Pond a. Milfoil Control Status b. Review of weed survey Heard Pond a. Summer harvesting plan and expected schedule, b. Review of weed survey Lake Cochituate a. Review of OCR weed survey b. Discussion of ongoing OCR program New Business Invoice Approval Adjournment

NOTE: Per changes to the Open Meeting Law, notice of any meeting of a public body shall include "A listing of topics that the chair reasonably anticipates will be discussed at the meeting". AG's Office guidelines state that the list of topics shall have sufficient specificity to reasonably advise the public of the issue to be discussed. Please list those topics on the above agenda Revised Meeting Notice/June 23, 2010

TOWN OF WAYLAND- TOWN ClERK'S OFFICE NOTICE OF MEETINGS OF TOWN BOARDS/COMMITTEES/COMMISSIONS Posted in accordance with the provisions of the Open Meeting Law PLEASE TYPE OR PRINT LEGIBLY

NAME OF BOARD/COMM:

Surface Water Quality Committee

FILED BY:

Toni Moores, Co-chairman

DATE OF MEETING:

Wednesday, July 25, 2012

TIME OF MEETING:

7:30PM

PLACE OF MEETING:

Town of Wayland Building

NOTE: Notices and agendas are to be posted at least 48 hours in advance of the meetings excluding Saturdays, Sundays, and legal holidays. Please keep in mind the Town Clerk's business hours of operation and make the necessary arrangements to be sure this notice is received and stamped in an adequate amount of time.

AGENDA

1.

2.

3.

4.

5.

6.

7.

8.

9.

Approval of Minutes Public Comments Dudley Pond Heard Pond Lake Cochituate Old Business New Business Invoice Approval Adjournment

NOTE: Per changes to the Open Meeting Law, notice of any meeting of a public body shall include "A listing of topics that the chair reasonably anticipates will be discussed at the meeting". AG 's Office guidelines state that the list of topics shall have sufficient specificity to reasonably advise the public of the issue to be discussed. Please list those topics on the above agenda.

Revised Meeting Notice/June 23,2010

TOWN OF WAYLAND- TOWN CLERK'S OFFICE NOTICE OF MEETINGS OF TOWN BOARDS/COMMITTEES/COMMISSIONS Posted in accordance with the provisions of the Open Me et ing Law PLEASE TYPE OR PRINT LEGIBLY

NAME OF BOARD/COMM :

Surface Water Quality Committee

FILED BY:

Toni Moores, Co-chairman

DATE OF MEETING:

Wednesday,August8, 2012

TIME OF MEETING :

7 :30PM

PLACE OF MEETING:

Town of Wayland Building

NOTE: Notices and agendas are to be posted at least 48 hours in advance of the meetings excluding Saturdays, Sundays, and legal holidays. Please keep in mind the Town Clerk's business hours of operation and make the necessary arrangements to be sure th is notice is received and stamped in an adequate amount of time.

AGENDA 1.

2.

3.

4.

5.

6.

7.

8.

9.

Approval of M inutes Public Comm ents Dudley Pond Heard Pond Lake Cochituate Old Business New Business Invoice Approval Adjournment

NOTE: Per changes to the Open Meeting Law, noti ce of any meeting of a public body shall include "A listi ng of topics that the chair reasonab ly anticipates will be discussed at the meeting". AG 's Office guidelines state that the list of topics shall have sufficient specificity to reasonab ly advise the public of the issue to be discussed. Please list those topics on the above agenda.

Revised Meeting Notice/June 23,2010

EXt+ll31T

TOWN OF WAYLAND- TOWN CLERK'S OFFICE NOTICE OF MEETINGS OF TOWN BOARDS/COMMITTEES/COMMISSIONS Posted in accordance with the provisions of the Open Meeting Law PLEASE TYPE OR PRINT LEGIBLY

NAM E OF BOARD/COMM :

Surface Water Quality Committee

FILED BY:

Toni Moores, Co-cha irman

DATE OF ME ETING :

Wednesday, August 22, 2012

TIME OF MEETING :

7:30PM

PLACE OF MEETING:

Town of Wayland Bu ild ing

NOTE: Notices and agendas are to be posted at least 48 hours in advance of the meetings excluding Saturdays, Sundays, and legal holidays. Please keep in mind the Town Clerk's business hours of operation and make the necessary arrangements to be sure this notice is received and stamped in an adequate amount of time.

AGENDA

1.

2.

3.

4.

5.

6.

7.

8.

9.

Approval of Minutes Pub lic Comments Dudley Pond Heard Pond Lake Cochituate Old Business New Business Invoice Approval Adjournment

NOTE: Per changes to the Open Meeting Law, notice of any meeting of a public body shall incl ude "A listing of topics that the chair reasonably anticipates will be discussed at the meeting". AG's Office guidelines state that the list of topics shall have suffic ient specificity to reasonab ly advise the public of the issue to be discussed. Please list those topics on the above agenda.

Revised Meeting Notice/June 23,2010

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