By Beth David Editor
At its meeting on 1/17/23, the Fairhaven Select Board took some time to discuss creating a protocol for information dissemination. Vice Chair Leon Correy ran the meeting because chairperson Stasia Powers was absent.
SB member Bob Espindola suggested they table the item until Ms. Powers could be present. Mr. Correy, however, said it was not a big deal “one way or another,” and he did not feel Ms. Powers would “feel particularly slighted by it.”
SB member Charlie Murphy said he did not mind having a discussion, but did not want to vote on anything without seeing it in writing.
The issue came up in response to Mr. Espindola using printed documents to lay out his opinion in the last two meetings, which he handed to board members during the meetings. At the last meeting the presentation was also on the screen for members and the public to follow via livestream.
Mr. Correy said the issue was that they did not have time to prepare because the materials were not provided ahead of the meeting. Mr. Silvia said he would like to get information with the packet so he can read it ahead of time and “make a wise decision on it.”
Mr. Espindola said the materials he presented were his opinion and constituted deliberation, so distributing the materials ahead of time would be a violation fo the Open Meeting Law (OML). He said he could simply bring it to the board verbally instead. The reason he provided his thoughts in writing was to make it easier for the board and the public to follow along.
Town Administrator Angie Lopes Ellison said that board members could give her materials and she could give them to the other board members. But Mr. Espindola said that was “serial communication.”
He said the OML was clear that no member of the public body should express an opinion. Ms. Ellison noted she was not part of the public body.
Mr. Espindola also noted the difficult logistics of the request. Board members do not get the agenda until late on Thursday, so they do not even know what it is they might want to research and comment on. Then the packet is done the next morning, giving them very little time to get materials together to be added to the packet.
“Every meeting that we come to we discuss things that we don’t discuss among ourselves,” said Mr. Espindola, adding that he believed the problem was that the other members do not like the “format” he used.
“I can bring it all in and read it to you,” he said, adding that he would not express his opinion ahead of time, whether through direct sending of documents or through Ms. Ellison until he got something in writing from the state ethics commission saying it was allowed.
He said he would reach out himself to the ethics commission.
Mr. Correy said there was some debate as to whether or not Mr. Espindola’s presentation at last week’s meeting actually fit the agenda, which would violate the OML.
“It was rather disruptive,” said Mr. Correy, adding that the discussion went down a “completely different path.”
He said Mr. Espindola was being “combative” with his comment about what he would not do.
Mr. Espindola apologized if he was “misinterpreted.” He said he did not say he would not follow the direction of the board.
“I will not do something that I feel is a violation of the Open Meeting Law until I’m told it is not,” he said, and that could take some time. “Meanwhile, I will not send anything to Ms. Ellison.”
Mr. Correy countered that Mr. Espindola’s presentation at the last meeting was a violation of the Open Meeting Law because it was not on the agenda. He said it added an hour because they talked about two different things in the same agenda item.
The item was goal setting for Ms. Ellison as part of her contract requirements, and Mr. Espindola had thought it was goal setting for the board and direction of the town.
“Was it crystal clear to everyone?” asked Mr. Espindola. “In my mind what I put together was precisely what related to what we were talking about.”
The item was an “Action Item” entitled “Goal Setting step one.”
Mr. Espindola said when they meet in person and discuss an item his though process is going to be the same wether he writes it down or presents it verbally.
Ms. Ellison said she would create a protocol based on the discussion that they could discuss at a future meeting.
Mr. Espindola will contact the ethics commission.
Mr. Murphy suggested Ms. Ellison check with the town of Dartmouth to see if they have a protocol.
The board tabled the item for a month.
In another matter, Ms. Ellison announced that Fairhaven TV is a finalist for four Mass. Creator Awards from MassAccess. She said four nominations was “incredible,” and noted that if they win, it will be their third win.
Ms. Ellison also announced that the Wellness Committee is starting a Volleyball team. She said the role of the committee is to try to improve the physical engagement of staff. It is open to town employees, who can sign up at Human Resources.
In other business, the board
• Approved the collective bargaining agreements for the water department and police dispatchers.
• Approved an extension of the contract for Blue Stream Shellfish, which has been using the electricity at Hoppy’s Landing while waiting for Eversource to provide service to their property. The company is paying for all the electricity, including at Hoppy’s Landing.
• Approved a one-day beer license for the annual Buzzards Bay Swim on 6/24/23
• Set the annual Town Meeting date back at its traditional first Saturday in May, 5/6/23 at 9 a.m.
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Click here to download the entire 1/19/23 issue: 01-19-23 Title5Mtg
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