Selectmen to Draft Policy on Release of Executive Session Minutes
After receiving a letter from all union employees in town expressing concern about the handling of Executive Session minutes, Selectmen agreed to draft a policy that would guide the Board in making decisions about releasing Executive Session minutes to the public. The Board took the action at their July 15 meeting and after hearing from Michelle Collette who was speaking on behalf of represented employees.
Collette told the Board she became concerned about the handling of Executive Session minutes after reading a letter posted online from Selectmen member Jack Petropolous who expressed the view that Executive Session minutes should be more regularly released to the public. Executive Session minutes are recorded minutes of proceedings held in private by Selectmen and which, in general, deal with issues of personnel, litigation and other sensitive issues.
The public is excluded from these proceedings and the minutes are sealed and not released to the public. State law governs situations where Selectmen can call an Executive Session and when such proceedings can be released to the public. Collette stated that release of Executive Session minutes could be harmful to employees and took exception to the view of Petropolous who stated in his online letter that "dirty laundry not be buried."
Collette said she does not view personnel matters discussed in Executive Session as "dirty laundry" but rather as an expression of trust between employees and town officials. She said Executive Sessions allow employees to discuss sensitive issues with town officials in a mutually respectful atmosphere without fear that these issues become inflamed by being exposed to the public through media outlets. "If you release these minutes you will lose the trust of the employees," Collette said. "You will alienate the work force in town."
Collette added that employees are prepared to file a grievance if Selectmen can't give some assurances that Executive Session minutes regarding personnel matters aren't handled discretely.
Selectmen Chair Peter Cunningham noted that last week the Board did release some Executive Session minutes but they were not related to personnel matter. Selectmen member Jack Petropolous tried to clarify his view on the release of Executive Session minutes. Petrolpolous noted that the town is obliged by state law to release Executive Session minutes. However, he noted that despite this obligation there needs to be a balance between privacy concerns of employees and the public's right to know. He said he believes that privacy concerns regarding town employees could be done on a "case by case" basis.
Petropolous said Selectmen could strike that balance and safeguard privacy concerns and meet legal obligations of state law in regards to release of Executive Session minutes. Petropolous said that he didn't advocate a "carte blanche" order to release all Executive Session minutes.
Cunningham noted there is nothing to be gained by the wholesale release of Executive Session minutes in regards to personnel matters. Selectmen member Stuart Schulman said over the years that he has participated in many Executive Sessions regarding personnel matters and noted that not once would he have voted to release the minutes of those proceedings.
Schulman said he might consider the release of minutes where an employee was exonerated after controversial circumstances. Schulman, however, stopped short of supporting an absolute ban on the release of Executive Session minutes regarding personnel matters.
Selectmen Vice Chair Josh Degen, who was out of town during this meeting, expressed his thoughts through speaker phone. Degen said he favors the release of Executive Session minutes in a timely and legal manner with the exception of minutes related to personnel matters. Degen said the protection of the integrity of Executive Session minutes regarding employee privacy should be a high priority and agreed that the Board should adopt policies about when to release those minutes. The Board was unanimous in agreeing to work on a policy that would guide them on making decisions to release Executive Session minutes.
