Attorney general replies

Editor’s Note: While on the one hand we allow the dismissal of our inquiry based on the law as interpreted by the attorney general’s office, we still believe that actions by the board of selectmen and the Kennedy Park commission were done out of camera with the intent to deny the public information on its plans and goals with regard to the Belvedere, which has resulted in a lawsuit by abutters against the Town of Lenox and an inquiry by The Berkshire Beacon into the methodology used to secure a monument on public land.

Thus the enclosed letter of denial by the attorney general’s office, noting they consider the case closed.

TO:  George C. Jordan III
The Berkshire Beacon The GateHouse at Ventfort Hall
Lenox, MA 01240-2709
RE: Request for Reconsideration Concerning OML 2-28-12

Dear Mr. Jordan:

Our office received your letter, dated September 11, 2012, in which you request reconsideration of our February 28, 2012 decision to decline to review your Open Meeting Law complaint against the Lenox Board of Selectmen and the Kennedy Park Committee because it was not timely filed.

In your letter, you state that “I am requesting the Attorney General’s office to re-open my complaint and hold evidentiary hearings on this issue.” You further state that an enclosed letter to The Berkshire Beacon “gives further explanation as to what allegedly occurred.”

There is no statutory right to reconsideration by the Office of the Attorney General of an Open Meeting Law determination or decision declining to review a complaint.

While the Division of Open Government generally will not reconsider past determinations or declinations, the division will grant reconsideration where the request identifies a clerical or mechanical error in the determination or declination or a significant legal or factual issue that the division may have overlooked or misapprehended in resolving the complaint.

After reviewing your letter, we respectfully decline to reconsider this matter. We consider this matter closed. If you have any questions, please feel free to contact the division at (617) 963-2540.

Sincerely,

Jonathan Sclarsic
Assistant Attorney
General Division of Open Government
September 27, 2012

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Posted by on October 4, 2012. Filed under Opinion,View from the Tower. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

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