School Committee responds to Open Meeting Law complaint

Jan 14, 2011

Responding to an Open Meeting Law complaint filed with the Office of the Attorney General last month, School Committee Chair Cliff Sylvia said he is "confident" that the law was followed during the meetings of the School Committee's Transportation Subcommittee.

The complaint was filed by citizen and Transportation Subcommittee member Michael Schneider, due to statements Sylvia made during the "Public Participation" portion of the December 8 School Committee meeting. Sylvia referred to the Transportation Subcommittee as consisting of School Committee members Ken Fontes, who chairs the subcommittee, and Geoff Swett.

Schneider's complaint alleged that the Open Meeting Law was violated when non-committee members were allowed to make motions in the Transportation Subcommittee meetings and participate in executive sessions.

Speaking during the "Report of the Chair" portion of the January 12 School Committee meeting, Sylvia said he misspoke during the December meeting.

“What I meant was, Mr. Fontes and Mr. Swett were the School Committee members I appointed to the subcommittee," Sylvia explained.

The Transportation subcommittee consists of Finance Committee members Donna Bronk and Richard Paulsen, School Superintendent Barry Rabinovitch, School Director of Operations and Finance Ana Miranda, Town Administrator Mark Andrews, and Michael Schneider.

Superintendent Dr. Barry Rabinovitch, reading a letter sent to the Office of the Attorney General, maintained that the Open Meeting Law was followed.

"The Transportation Subcommittee was a legally appointed subcommittee of the Wareham School Committee and followed all the procedural requirements of the Open Meeting Law," Rabinovitch read.

Schneider also alleged that subcommittees of the School Committee, including the Transportation, Safety, Curriculum, Community, and Budget subcommittees had repeatedly met without properly posting the meetings. Rabinovitch's letter indicates that he provided evidence to the Attorney General's office that the subcommittees did comply with the law.

Contacted by phone, Schneider said he is not satisfied with the School Committee's response to the complaint.

"I don't believe that the explanation went quite far enough," Schneider said. He added: "I'm extremely disappointed that they chose to address my complaint at a School Committee meeting that took place during a State of Emergency, and very few people even knew about it."

The town had indicated that evening meetings were canceled on that date, due to a storm that dropped several inches of snow on the region.

Sylvia said that the committee had to meet to discuss the upcoming fiscal year 2012 budget before it would be presented during a public hearing scheduled for January 19. The budget had previously not been presented before the committee.

"Under normal circumstances, we would have canceled the meeting," Sylvia said.

Schneider said he wasn't aware that the School Committee would be addressing the complaint that night, because it was addressed during Sylvia's "Report of the Chair" and not listed as a separate item on the agenda. Schneider said he will likely file another Open Meeting Law complaint to address that.

The Transportation Subcommittee was formed in response to citizens' concerns about the number of school bus inspection failures in recent years, and the overall safety of the buses.

"The school bus issue is an important issue in my mind. My kids ride the school bus every day," Schneider said. The situation is "very disheartening to me as a parent, but also as a citizen of Wareham."