Open Meeting Law Complaint Chairs Committee

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  • 7/26/2019 Open Meeting Law Complaint Chairs Committee

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    OPEN MEETING LAW COMPLAINT FORMOffice of the Attorney General

    One Ashburton Place

    Boston, MA 02108

    Your Contact Information:

    Are you filing the complaint in your capacity as an individual, representative of an organization, or media?

    Public Body that is the subject of this complaint:

    Please note that all fields are required unless otherwise noted.

    First Name: Last Name:

    Address:

    City: State: Zip Code:

    Phone Number: Ext.

    Email:

    Organization or Media Affiliation (if any):

    Date of alleged violation:

    Specific person(s), if any, you allege

    committed the violation:

    Name of Public Body (including city/

    town, county or region, if applicable):

    City/Town County Regional/District State

    Page 1

    Individual MediaOrganization

    (For statistical purposes only)

    Richard Cohen

    P.O. Box 351

    Lanesborough MA 01237

    4132813318

    [email protected]

    May 13, 2016

    Dan Caplinger, Regina Dilego, Carrie Greene, Doug Dias

    Chairs Committee, Williamstown-Lanesborough Tri-District

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

    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 reasons supporting your belief.

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

    I. Disclosure of Your Complaint.

    Public Record. Under most circumstances, your complaint, and any documents submitted with your complaint, will be considered a

    public record and available to any member of the public upon request. In response to such a request, the AGO generally will not disclose

    your contact information.

    II. Consulting With a Private Attorney.

    The AGO cannot give you legal advice and is not able to be your private attorney, but represents the public interest. If you have anyquestions concerning your individual legal rights or responsibilities you should contact a private attorney.

    III. Submit Your Complaint to the Public Body.

    The complaint must be filed first with the public body. If you have any questions, please contact the Division of Open Government by

    calling (617) 963-2540 or by email to [email protected].

    By signing below, I acknowledge that I have read and understood the provisions above and certify that the information I have provided is

    true and correct to the best of my knowledge.

    Signed: ___________________________________________ Date:____________________________

    Review, sign, and submit your complaint

    Note: This text field has a maximum of 500 characters.

    For Use By Public Body

    Date Received by Public Body:

    For Use By AGO

    Date Received by AGO

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    I hope and expect this complaint can be resolved locally to give the public confidence that district

    governance will be conducted in a democratic manner that doesnt exclude the eyes of the public and

    the voices of dissent. If we need the three chairs to take collective action, lets agree to a processconsistent with Open Mtg Law that ensures the district administration does not have an alternative to

    fully engaging school committees and the public on educational policy and budget priorities.

    Williamstown Elementary(WES), Lanesborough Elementary (LES) and Mt Greylock Reg. H.S. (MG)--share a superintendent as the

    Tri-District. The three districts are each governed by their own elected school committee (SC). The SCs established 2 committees to

    facilitate their cooperative arrangement: (1) Superintendency Union 71 (SU71) consists of 3 members from each of the elementary SCs,

    and (2) the Administrative Review Subcommittee (ARS), composed of the WES SC chair, Dan Caplinger, and the LES chair, Regina

    Dilego, and two members of the MG SC, including its chair, Carrie Greene. All 4 members of ARS must be present for a quorum, and 3

    are a voting majority. In violation of OML, a Chairs Committee (CC) -- Mr. Caplinger, Ms. Dilego, and Ms. Greene -- have been regularly deliberating

    and taking collective action in private, without posting agendas or recording minutes. At least some of the time, Superintendent Dr. Dias

    also participates.

    For example, on 3/4/16, at 9:13am. Dr. Dias emailed the CC asking for approval to pursue the possibility of his serving as the

    part-time superintendent for three other towns. The CC voted by reply all emails during the next 90 minutes. Dilego at 9:36: "I'm glad

    this is moving forward." Caplinger at 9:37: Im fine.... Ms. Greene at 10:49: Agreed with all of the above. They collectively edited

    the letter and Dr. Dias submitted it on 3/7 on Tri-District letterhead. The MG SC as a whole had no knowledge of this matter until an

    executive session on 3/15 (called for a completely unrelated matter) was misused to discuss it. The MG SC was told that the matter was

    being revealed because news of the letter would be appearing that day in the Berkshire Eagle.

    Although MG SC members expressed outrage during the executive session that the Chairs and Superintendent acted without their

    knowledge, the CC continued to take collective actions in secret. For example, Ms. Greene wrote to the other CC members and Dr. Dias

    at 9:06am on 5/13, about the process of evaluating the superintendent: Lets discuss at todays meeting. Later that day, as part of the

    same email thread, statements were issued by Ms. Green at 4:02pm and by Ms. Dilego at 10:51pm, acting on the agreed outcome of the

    CC meeting. Note that ARS has jurisdiction over the process of evaluating superintendent, but the fourth member of ARS was not made

    aware that the CC was meeting. The CC also took concerted action by secretly engaging the districts legal counsel against MG members that expressed dissenting

    opinions such as complaints about the decision-making process on whether the Superintendent expand his responsibilities by taking

    on administration of additional school districts. (Greene email to CC at 4:20pm 5/13) MG SC policy BDG prohibits access to the

    districts legal counsel by individual SC members (including the chair) unless the purpose receives prior approval from the whole

    committee.

    May 24, 2016