Festive New Bedford City Council cleared of yuletide open meeting law violations
NEW BEDFORD — There's a difference between celebration and deliberation.
And that's why city councilors didn't violate the open meeting law when they gathered at the Cotali Mar Restaurante, located at 1178 Acushnet Ave., on the night of Dec. 28.
Craig Ptaszenski had made the complaint.
He stated it was a direct violation because more than six councilors attended the event, constituting a quorum, yet the meeting was never posted.
Complaint stemmed from email invitation
His complaint stemmed from an email to councilors from then-Council President Linda Morad inviting them to attend a traditional holiday dinner at the restaurant.
The email outlined the event particulars and described the food.
It concluded, “I look forward to being together and enjoying each other’s company and, of course, a few good laughs on Tuesday, Dec. 28."
Assistant Attorney General Matthew Lindberg said a public meeting is “a deliberation by a public body with respect to any matter within the body's jurisdiction.”
That does not apply to a social event, providing "the members do not deliberate."
Councilors were not deliberating
He added in a letter to the council, "Based on the available evidence in this case, we do not find that deliberation took place."
Lindberg said Ptaszenski offered no evidence that deliberation did take place.
The AG's Office has also found no open meeting law violation as alleged in a separate complaint by Ptaszenski.
In that complaint, he said councilors held an unposted meeting after a meeting on Nov. 30.
He said they locked the door and held the second meeting.
Councilors were recording holiday video, singing
The AG's Office ruled in favor of the council's response that members had remained after the meeting to record a holiday greeting video for residents.
That included a song rendered by members.
Lindberg stated that, once again, "deliberation" is a crucial factor. Without it, there's no violation.
"Based on the available evidence in this case, including video recordings and the council’s representations, we do not find that deliberation took place when council members recorded a holiday greeting following adjournment of the Nov. 30 meeting."
This article originally appeared on Standard-Times: New Bedford City Council cleared of yuletide open meeting law miscues
