Planning Board Member Weighs In
After reading coverage of the [Fairhaven] Planning Board (8/27/26 issue), I wanted to offer my own perspective.
I understand that disagreements on a public board can sometimes make for interesting reading, but for those of us serving, these issues are about more than “popcorn-worthy” moments. They are about process, transparency, and making sure every member has the opportunity to do the job residents elected them to do.
I filed my Open Meeting Law complaint because I had concerns about how the August 11 meeting was canceled and the process leading up to that cancellation. I did not file it to create drama, attack anyone, or generate legal expenses. I used the process available for raising questions involving the Open Meeting Law.
For context, an electronic poll was sent to seven members of our eight-member Board asking whether members supported holding the meeting. A subsequent email described the responses as “votes” three to cancel and two to proceed added another member’s verbal position in favor of cancellation, and stated that those responses confirmed the meeting was officially cancelled.
My concern was not that Board members cannot communicate by email. The Open Meeting Law permits certain administrative communications, including scheduling. My question was whether collecting and combining Board members’ positions in this manner went beyond scheduling and constituted deliberation or Board action outside of a posted meeting. That is the issue I asked to have reviewed through the proper process.
I also want to clarify that I did not request that Town Counsel become involved in my complaint. At our August 25 meeting, when a motion was made to seek Town Counsel’s opinion regarding what portions of an OML complaint could be considered, I voted no.
The Attorney General’s Division of Open Government is responsible for interpreting and enforcing the Open Meeting Law and provides guidance on these issues. I reached out to that office directly and received a response. My preference was to use the resources available through the agency charged with administering the law rather than unnecessarily incur legal expenses for the Town.
The canceled meeting was also not one where I believed there was “nothing to discuss.” I had spent considerable time researching battery energy storage systems and was prepared to bring that information before the Board as part of our ongoing work on a proposed bylaw.
Whether an item ultimately requires a vote or simply discussion, I believe Board members should have the opportunity to bring forward the work they have prepared.
I am relatively new to the Planning Board, and I certainly do not claim that I will always get everything right. I will ask questions, continue learning, and acknowledge when I make a mistake.
But I will not stop asking questions simply because doing so may be uncomfortable.
Residents elected us to conduct the public’s business in public. We can disagree with one another while still respecting the process, respecting each other, and keeping the focus on doing what is best for Fairhaven.
Jennifer Cardoza, Fairhaven, Member of the Planning Board
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Click here to download the 9/3/26 issue: 09-03-26 CarCruise
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