Planning Board - Special Meeting

Okay, there we go. All right, so we'll go ahead and do a roll call vote. Bryant, yes. Bruce, yes. Would present. Chris, yes. Cheryl, here. Uh, so we're going to now do a vote to enter executive session. The vote to enter executive session is in accordance with Massachusetts General Law Chapter 38 section 21A1 to discuss the reputation, character, physical condition, or mental health rather than professional competence of an individual or to discuss the discipline or dismissal or complaints or charges brought against a public officer, employee, staff member, or individual. So, I'm going to declare that we uh vote to enter an executive session following that motion. You should also vote on exit. The last part of your motion might say that. And the chair so declares to reconvene an open session. Okay. You just need a second. Second. All right. All in favor? Roll call vote. Bryant. Bruce. Yes. Chris. Yes. Would no. Because as I'm an individual um identified in this complaint, I'm requesting to this board on the provision of chapter 38 section 21A1. This meeting will be held in open session. So the the motion was to go into executive session. You you technically the motion Go ahead Kate, you're the one. The motion passed, but as the individual named in the complaint, uh Mr. uh the the target of the complaint may be able to um demand that it be held in open session. So that is his right and he has made that declaration. So we will have the meeting in open session.

That said, um an open session meeting now changes that we now have to adjourn and schedule an open session meeting. So I That is not that is actually not true. Okay. Well, this ain't good. I hope this doesn't you end up in the bar association on this. Okay. Okay. I will take that on. The DOJ has determined that if it's posted as an executive session meeting, you can always have that same topic discussed in open session. Um and the public is sufficiently on notice because the either the board may um determine not to go into open uh executive session by vote of the board and or the target of the complaint may elect to have it in open session as you have done so. If you wish to change your mind, you can let the board know. Would you prefer to Okay. All right. Okay. Well, I had sent out um the complaints and the videos in advance. And for the record, when was this sent out? It was sent out on the day of the letter. So, Wednesday. Did anybody else have this seen this complaint prior to that date? The board had only seen it on the day of the letter. Okay. Does anyone have any questions or comments about the complaint or the video that they saw? Do they have a chance to record anything that you would like to say alter? Well, actually before that I I have a question. It's more for our um the I' I've read first I'm on the planning board. Yes, the only attorney in the room. Um the I I read the uh you still licensed as an attorney.

Well, I'm not p I'm retired. Well, whatever. Uh any I was just mentioning that background. Uh I I read the uh Mass General Laws chapter 38 section 21. And my my question is is this. If if if there is nothing in the town charter uh that talks about disciplining members of elected boards and there's nothing in the planning board rules and regulations that speaks of disciplining members elected officials I plan and there's nothing in the town bylaws that speaks of uh disciplining elected town officials. Does is the this the mass general law is that setting out parameters for a hearing that otherwise you know that that exists under town rules or is it creating the rights to the hearing? I I I mean I honestly don't know the answer. That's why I'm asking. If you don't understand my question, I'll try to make it clearer. Let and and you're asking me, sir? Is that right? Oh, you're you're the you're the attorney for the I couldn't hear the beginning part, so I wanted to make sure you were asking me and yes, let me see if I can restate your question so I'm clear I'm answering your question. So your question is whether or not in the absence of a provision in a charter or a

bylaw discipline may be in and rules or regulations discipline may be imposed on a planning board member is and that's question number one. And then question number two is whether a discipline hearing can occur in the absence of a provision of a bylaw. Well, my my question was if if there's nothing in the in this case the town but rules, regulations, bylaws, charters which sets forth uh a disciplinary procedure or or process or whatever does is the purpose of the mass general laws section cited in the letter to does it create the the uh whatever the discip iplinary procedure or is it there to set forth ways of uh holding a a disciplinary procedure that's other otherwise author already authorized by the town or city if if you followed what I'm saying for for example the mass general laws it says that the uh person has the right to have an attorney with them uh although apparently The attorney isn't allowed to speak to the meeting, but but uh I mean is it just setting forth Yeah. the method that the hearing the the otherwise existing hearing um should be run or or is it creating the basis for the hearing? So what that provision of the open meeting law provides is simply the the mechanism to enter into executive session. Um and then if

that election is made then certain additional rights are granted to the public official. So it's merely if you go into executive session these additional rules apply. So if you had a provision in your charter and many charters do say it was someone completely different town manager who was being different there may be separate removal provisions which require greater notice um participation of the lawyer um all those kinds of things. they're over and above what is required by the open meeting law. So the open meeting law is simply um setting forth the parameters for a board to engage in a discussion regarding a complaint against a public official um if done in executive session. Other than that it has no no bearing. So since um since um this is being discussed in open session, those open meeting law rights don't necessarily attach. We were noticing them um in the event that we were going into executive session. And the whole idea being that um someone's not taken by surprise in executive session. Now, Mr. Mr. um gosh, I'm I'm I'm so sorry. Yes. Um has has um been notified of the complaint and so and and specifically given all the evidence that has been provided to the board and so therefore his due process rights have been fulfilled. Um he has the opportunity to respond to those complaints etc. So again, those satisfy

his due process rights. In terms of discipline, um, an elected official can't be disciplined, right? We you can't remove like you would another employee, remove a person from an elected position. The only way to remove an elected officer is through a recall procedure or not, hold on. We do not have that provision. I was reminded that we do not have or not reelecting them. Um but there is no discipline protocol. It doesn't necessarily mean that um a board can't say this is not how we operate and we would request and expect our members to act in a certain way. Um so you can advise the public that this is not um a position that the board takes and you would expect your members to behave um in a certain way. Um, but there is no um no way to quote discipline an elected official. If that answers your question, I hope it did and maybe a little bit more. Um, was there anything more that I didn't answer? Okay. So basically investigating allegations against a board member is I don't know an an inherent right of the of of the planning board in this case. Uh and it doesn't need to be specifically u whatever enumerated in in town bylaws charter rules and regulations. you're you're responsible as elected officials to respond to complaints by members of the public, you know, and and manage that in the best way um you feel appropriate. Okay. I I I you know, this is the first time

anything like this has ever happened. No, of course. Yeah. Okay. Thank you. It's my suggestion tonight. I have a prepared um public apology that I think would be warranted to issue tonight if the board agrees based on the interaction that you had Walter in January. I'm happy to read it and we can vote on that unless anyone wanted to discuss it. Well, what happened read it first and we can discuss. Okay. Uh so the town of Longa Planning Board would like to take this opportunity to issue a formal public apology to the ooa family for the actions of one of our members on January 7th, 2025. On that date, planning board member Walter Gun, unbeknownst to other members of the planning board, conducted an unannounced site visit to their residents. This interaction with Mr. Gun was documented and reviewed by members of the planning board. Every citizen deserves to be treated with respect and dignity by our town officials. An official acting outside the scope of authority and who makes derogatory comments erodess the trust of citizenship and the ability of the town to upload uh the rights and respect of all citizens. The long that should say upholds the long meadow planning board denounces the actions of Mr. Gun and vehemently states that his actions and statements do not reflect the sentiment of the members of the board. Okay. Is that a motion? Oh, good. I think it's it's well written because it picks out some of the stuff that was in the complaint itself. Well, I don't want to gloss over that. It's important. Not glossing over. I agree. the the the um I just I agree with I think the unprofessional nature of complaint three unfortunately um should have been removed because what you did in your your statement because once you bring in the situation

professional then we're in a different level now are we um you cannot in executive session talk about somebody's professional character um so that would have been dinged anyway it was more um a rude and discriminatory perhaps u but I I agree with those in the complaint number three uh that I am rude and I am discriminatory but um not unprofessional in acting as myself so I like the tone of the apology and I'm very sincere about it any comments Chris was there anything that you wanted to No, I think it was very appropriate. Okay. So, I will make a motion that we issue this public apology um to the OOA this evening. Awesome. All in favor? Bryant. Bruce. Yeah. Chris, yes. Walter, yes. Cheryl, yes. That you accept our concier apologies. Um, since we didn't go into executive session, I'll make a motion to adjourn. We never went into I said since we didn't go into executive session. Oh, I'm sorry. I didn't hear. Sorry. So, I'll make a motion to adjourn the meeting. Oh, sorry. Okay. Brian, yes. Chris, are you in favor of adjourning the meeting? Yes. Yes. Cheryl, yes. Thank you. Okay. Thanks, Kate.