Publisher seeks to re-open Open Meeting Law complaint

Editor’s Note: George C. Jordan III, publisher of The Berkshire Beacon, filed a complaint last year against the Lenox Selectmen and the Kennedy Park Committee for failure to inform the public of their respective hearings, change in use of public property without public notification (public notice) with reference to the proposed plans for the Belvedere. The Attorney General’s (AG) office denied the complaint because it was not filed within 30 days of said hearings.

Ms. Sonya S. Bykofsky, an abutter, outlined her thoughts in a letter last week to The Berkshire Eagle which amplifies the issue of Open Meeting Law, its application and the denial by officials to follow the rules. Thus, Mr. Jordan on Tuesday asked the AG’s office to re-open his complaint.

September 11, 2012
Atty. Jonathan Sclarsic
Asst. Atty. Gen
Division of Open Government
One Ashburton Pl. – 20th Fl
Boston, MA 02108

Dear Atty. Sclarsic:

Ref: Letter to The Berkshire Eagle editor dated Sept. 7, 2012 which explains her (Sonya S. Bykofsky’s) lawsuit and the evidence of not following the Open Meeting Law in the process.

Thus, I am requesting the Attorney General’s office to re-open my complaint and hold evidentiary hearings on this issue.

Today, the suit against the town is costing taxpayers and also has not done anything to improve the Open Meeting regulations.

This complaint is filed a day before the Attorney General’s Open Meeting personnel comes to Lenox Town Hall to outline the scope and procedures to be followed.

Hopefully, personnel will be prepared to defend its decision to closed the case or on review re-open it to address the issues of Open Meeting clarity for all parties.

I would agree there has been limited improvement within the town, yet no filing has been made nor any apology been forthcoming by both elected and appointed officials.

This is not the AG’s issue. What is the AG’s issue is that both the selectmen and the Kennedy Park Committee failed to comply generally with informing the public both substantially by agenda and notice to abutters and the posting of a public notice in The Berkshire Eagle for a change in use.

Also, they nullified the Scenic Mountain Act by not having a hearing before the Lenox Conservation Commission.

The office found that I did not file timely or within 30 days.

The issue of the hearings by town officials was done out of camera as alleged, thus, how was I or for that matter anyone to know of the alleged transactions?

The attorney generals decision in my case gives the public the idea that the AG office was looking for an “out” and not properly setting forth a mandate for the open meeting laws implied or demanded.

The Open Meeting rules are to improve government and create an open discussion within the community.

Ms. Sonya S. Bykofsky’s letter gives further explanation as to what allegedly occurred.

Sincerely,

George C. Jordan III

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In Ms. Bykofsky’s letter to the Eagle, she said, “Clarence Fanto’s Aug. 31 article (in The Berkshire Eagle) ‘Town to seek suit dismissal’ missed several key points and only represented one side.”

It states, “the project had been approved by the Selectmen and the Kennedy Park Committee at open meetings held in October 2010.

“No agendas in that time frame from either entity list discussion of the memorial project. The BOS meeting minutes from Oct. 27, 2010 reflect approval of ‘…a small memorial plaque and a granite walkway set flush with the ground for easy mowing.’

No one has yet offered an explanation as to how we wound up with a complex constructed of 28 tons of granite, including a large vertical wall.”

Posted by George C. Jordan III on September 13, 2012. Filed under Community News,Featured,News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry