Going around the State Open Meetings law a recurring problem in Cambridge—and in many other places as well.

The Council created the Neighborhood Safety Committee by a policy order of August 2, 2007. It may be read below.

At last week’s Council meeting Reeves had said that the Council asked him and the Manager to appoint people and that is what they did.

Councilor Simmons wants to open it up to more appointees. Reeves talks of the committee as if the names of appointees and the meetings can be kept private.

Councilor Anthony Galluccio was having difficulty speaking that night, but he managed to say, "We have all taken an active role in creating this….The mayor initiated this committee."

Reeves explained, "We put four members of the Council but not a majority so that we can have the kinds of meetings we want to have. [...] I'm not sure that everybody understands how sensitive this is in terms of us really getting to the bottom of things. Because as it has evolved a lot of the problems that we have in the city are related to various circles of people [...] But there's some sensitive actualities in our midst [...] sometimes things are done away because there's a rationale that will not necessarily benefit from being publicized."

Reeves is pleading privacy without any reference to legal exceptions provided in the Open Meetings law. We are expected to trust his discretion because he knows better than the Legislature. Ahem!

The actual law

Controlling Massachusetts case law is General Electric v. Dept. of Environmental Protection, 711 NE2d 589 (1999) where it is stated, "exceptions are not to be implied."

Massachusetts case law tells us that if a committee is appointed under direction of a governmental body it is a governmental body and must be open to the public. The controlling case here is Connelly v. School Committee of Hanover, 565 NE2d 449 (1991). In that case the School committee created a screening committee. Both the School Committee and the Screening Committee were governmental bodies within the meaning of the Open Meetings law.

Councilor Simmons announced that the next meeting of the Neighborhood Safety Committee was set for Wednesday, Feb. 14. Reliable sources say that the meeting will in fact be held on Thursday, February 15, at noon in the Mayor's office.

But no meeting is listed on the City calendar. On Tuesday, City Clerk Margaret Drury wrote to Kathy Podgers, “This is not a meeting of a governmental body, and it is not a posted meeting.  I do not know when and where the meeting will occur and I do not have a list of the members of the committee.”    

Reeves said, "We do have a first meeting scheduled. It is not a public meeting."

(At this the City Clerk appeared to cringe.)

Simmons responded, "Which is problematic, but go ahead [meaning keep talking about it]."

Reeves continued: "And the reason it is not a public meeting is we have some very confidential statistics that have to be a part of this meeting." (Councillor Simmons frowned.)

Reeves went on "There will be many public opportunities I'm sure from time to time, but every meeting of the committee will not be a public meeting."

Councilor Decker asked for a recess but it was not called.

Simmons said, "This is not the City Manager's Committee. It is not the Mayor's Committee. It is the City Council's committee." There was more discussion about it being the people's committee.

This committee is clearly a committee created by the Council. The meeting scheduled for Feb. 14—or 15—will violate the Open Meetings law unless it is open to the public and a notice is posted outside of the clerk's office.

As the Council wound down, here were several ad hoc emergency mini-meetings of the Journalism Committee by Decker and Reeves to bash the Cambridge Chronicle some more.

The actual order

Policy Order Resolution O-1 IN CITY COUNCIL August 2, 2006 COUNCILLOR SIMMONS COUNCILLOR SULLIVAN COUNCILLOR DAVIS

ORDERED: That the City Manager and Mayor be requested to convene a special task force on neighborhood safety; and be it further

ORDERED:

That the task force include members from, but not limited to:

Police and Crime Prevention Organizations; Business Community; Churches and community-based organizations; Cambridge Health Alliance; School Department; Youth; Court Representatives; and Educational Institutions.

and be it further

ORDERED: That the goals for the task force include: Analysis of causes and effects of violent crimes in Cambridge;

Plan for peaceful summers including proposing park and youth center activities and police coverage for next summer; Address issues of jobless young people in their twenties; Analyze the impact of CORI law and regulations; Improve police and community relations and communications; Analysis of impact of older young people in our community on young teens.