BELLOWS FALLS — At the recent joint board meeting of the Rockingham Selectboard and the Bellows Falls Village Trustees, the boards were reminded by Counsel Ray Massucco of board roles and responsibilities.
At the May 31 meeting, Massucco reminded board members of the provisions of the state's Open Meeting Law, pointing out that where three or more board members are gathered, no discussions are to be had concerning town or village business.
If this happens, it would violate the law, Massucco warned.
Massucco also reviewed the use of e-mail and Facebook. Any discussion among three board members, copying an e-mail to more than two board members, or commenting on Facebook when two other members have also commented is a violation of the Open Meeting Law and the Public Records Act, he said.
All e-mails between elected officials are public records, and Massucco strongly suggested that board members do not use e-mail for communication about any subject other than routine, non-policy, non-budget, non-personnel matters.
When more than two parties get into the electronic conversation, that becomes the functional equivalent of a board meeting, according to the state Open Meeting Law.
Scheduling meetings, relaying minutes, sending agendas is okay, Massucco said, as long as when a board member responds he or she responds only to the sender and does not trigger the law by copying any other board member or members.
Executive sessions
Massucco also went over legitimate reasons to enter into executive session, cautioning both boards not to use executive session frivolously.
He reminded the boards that when a personnel issue was brought to their attention, they were to pass that information on to the municipal manager and not speak to anyone else of the matter.
“Board members should only inform the manager... It is the manager's responsibility to handle this ... as dictated by the personnel rules and union contracts,” Massucco said.
The grievance process, he continued, “is in place for a reason and board members should adhere to this.”
“Board members should not get involved in the day-to-day operations of the municipality; this is the manager's responsibility,” Massucco said.
Massucco stated that he “could not say this enough that boards set policy and managers manage.”