- The Sudbury Weekly Newsletter
- Posts
- You can't say that!
You can't say that!
Welcome back!
Halloween came and went this week, marking the imminent arrival of the binge-eating holiday season.
And yet, Thanksgiving seems rather far away. We have a Presidential election next week, then whatever is going to happen after that.
With that in mind, we’ll keep things relatively brief and light for ya’ this week. Here’s what we have for you:
SPS Discusses Not Discussing Things They Might Want to Discuss
Tuesday is Election Day!
SudburyWeekly.com News Roundup
Civic Engagement — A High Value
Committee Roundup
Let’s get into it!
SPS Discusses Not Discussing Things They Might Want to Discuss
By Kevin LaHaise
The October 21 meeting of the Sudbury Public Schools (SPS) School Committee featured a peculiar discussion about future agenda item requests. Where they netted out was equal parts farcical and ominous.
A future agenda item is a request from a member of a committee to put a topic on an upcoming meeting agenda for the committee to discuss, deliberate, and sometimes take formal action.
Chair Nicole Burnard stated that the new process would be to motion to add an item to a future agenda, it would need to be seconded, and then they would take a vote. Vice-Chair Gerson then added that the only discussion allowed would be regarding scheduling, and not the validity of the proposed agenda item.
Members were divided over whether they could express why they think a proposed future agenda item was important to discuss at a future meeting. (1:32:30)
Member Mary Stephens argued that expressing why it was important to put a topic on the agenda was not the same as deliberation on the item itself. She added that the Massachusetts Association of School Committees (MASC) agreed with her interpretation.
Vice-Chair Meredith Gerson took a hard line on severely limiting discussion about future agenda items, citing her interpretation of the Open Meeting Law and her recollection of advice that was provided to the committee in an unrecorded workshop with an attorney during the October 10 school committee meeting.
Gerson responded that she would rather take the advice of an attorney and dismissed MASC as guidance by people who have experience as school committee members and questioned the legal veracity of their guidance in general. (1:33:50)
The advice the attorney provided to SPS cannot be reviewed because the school committee voted to adjourn from their open session on October 10 in order to begin a “workshop” covering the Open Meeting Law with an attorney. The workshop was listed as an agenda item for the open session.
It’s unclear why the committee felt the motion and vote to adjourn was necessary, as they were continuing an open session and discussing an agenda item. The only change was that they stopped the video recording. (6:00)
While it’s not uncommon for the school committee to opt not to record workshops, the combination with an open session that they recorded themselves without the assistance of SudburyTV was unusual given their prior disagreements about hybrid meetings.
Opening meeting law aside, the vote to adjourn just to stop video recording raised questions about transparency. While the Attorney General’s Open Meeting Law Guide states that the purpose of the law is to ensure transparency, the school committee majority’s interpretation of the Open Meeting Law seems to muzzle committee members rather than increasing transparency.
“The purpose of the Open Meeting Law is to ensure transparency in the deliberations on which public policy is based. Because the democratic process depends on the public having knowledge about the considerations underlying governmental action, the Open Meeting Law requires, with some exceptions, that meetings of public bodies be open to the public.”
Much of this is happening at a time when the committee has received repeated public comments about their choice to alternate between remote and in-person only meetings rather than using hybrid meeting technology that is readily available. Those decisions were divided along the same lines, with the committee appearing to be split three to two.
Over the course of the at-times absurd discussion on October 21, other members added their own take on the issue or asked clarifying questions. The discussion grew tense at times, and hypothetical scenarios added confusion to a a discussion that was bizarre from the the get-go.
Other committees and boards in Sudbury also have “future agenda items” as routine agenda items for their meetings. Member Karyn Jones referenced the practices of other committees she has served on in Sudbury. But the will of the majority was to implement a practice in which a member could motion to add a topic to a future agenda, but say nothing more about it.
The interpretation of the Open Meeting Law being applied by the majority of the school committee appears to be inconsistent with how other committees operate in Sudbury. For example, the Sudbury Select Board has “Future Agenda Items” on most of their agendas, and members discuss the broad reasons why they are requesting the item, or what timing they think is appropriate for it, without necessarily taking a position on the matter.
Sudbury Weekly was unable to find any guidance from the Attorney General or other official body that supports the legal counsel the committee allegedly received. Sudbury Weekly also could not verify the legal counsel that was referenced by some of the committee members, because, as stated above, that portion of their meeting was not recorded.
Towards the end of the discussion, the committee began to field motions for future agenda items. The voting procedure was a sloppy mess difficult to follow, some of the items will be discussed in the future anyway, and most of the motions, including one merely to discuss school district goals as required by committee policy, failed by clearly divided 2-3 votes.
The discussion was the latest in a recurring series of exchanges in which Vice-Chair Gerson’s interpretations of the Open Meeting Law have stymied deliberation among the committee members on any number of topics. In combination with the limitations on discussion of future agenda items, the result is a school committee that appears preoccupied with what they can’t talk about, or perhaps don’t want to talk about in open session.
During the July 22 meeting, the Chair claimed that an Open Meeting Law violation had occurred because of an email thread among committee members discussing scheduling, hybrid meetings and public participation. The email allegedly cited the exception in the Open Meeting Law for discussion about administrative matters, like scheduling, among a quorum of the committee. (1:24:38)
While reviewing minutes from that meeting a month later, the committee agreed to change the language in the minutes to “potential Open Meeting Law violation,” because Member Mary Stephens had called the Office of the Attorney General to verify that it couldn’t be a violation unless the Attorney General’s office makes a determination that there was a violation. (1:33:45)
On Friday, November 1, SPS posted the agenda for their Monday, November 4 meeting. The committee will be discussing MCAS results, the FY26 budget, a pre-K tuition increase, school improvement plans, and if the pattern holds… the Open Meeting Law?
Tuesday is Election Day!
By the League of Women Voters of Sudbury
Vote Tuesday, Nov. 5, for President, U.S. Senator, Representative in Congress, State Senator and State Representative, not to mention Governor’s Councillor, Clerk of Courts and Register of Deeds plus five ballot questions.
All six Sudbury precincts will vote at the Fairbank Community Center, 40 Fairbank Road; precincts 4 and 6 no longer vote at Town Hall on Election Day. Polls are open from 7 a.m. to 8 p.m. For questions about your precinct or registration status, go to www.VoteinMA.com.
Want to see what the ballot looks like? Check out a specimen ballot. The five ballot questions continue on the back of the ballot, so be sure to turn it over.
When you are voting, if you have a question or problem that the poll workers can’t resolve, you can call the election hotline established by voting rights organizations, 866-OUR-VOTE.
If you are admitted to a healthcare facility within one week of an election, there is a process to obtain an emergency absentee ballot and vote; details here.
The in-person early voting period has ended, and the deadline has passed to apply for a mail ballot.
To be sure your mail ballot arrives on time, put it in the ballot dropbox behind Town Hall, 322 Concord Rd., available 24/7. The Post Office recommended mailing a ballot one week before Election Day, so the dropbox is a better option now. Ballots sent via the postal service must be postmarked on or before Nov. 5 and must be received in the Clerk’s office by 5 p.m. Nov. 8. Voters can track their mail ballots at www.TrackMyBallotMA.com. Be sure to sign the yellow ballot envelope; envelopes without signatures will not be accepted.
Mail ballots cannot be deposited at the Fairbank polling location on Election Day. Mail ballots should be deposited in the ballot dropbox behind Town Hall or taken to the Town Clerk’s office in Town Hall by 8 p.m. on Election Day.
The League and other voting rights groups note that Election Day is not Results Day. Don’t expect to know who won the presidential election on Tuesday night. It will take at least 2-3 days for many states to count every vote--including in-person, mail, absentee, overseas, and military ballots. Massachusetts accepts overseas and military ballots until Nov. 15.
In the contested race for 13th Middlesex State Representative, the results posted on the Town Clerk’s website will be for Sudbury only, but the district includes parts of four other municipalities, so the final result will be posted on the Secretary of State’s website.
Take a look at the League’s Candidates’ Forum for the 13th Middlesex state representative seat. Carmine Gentile, the Democratic incumbent, and Virginia Gardner, the Republican challenger, answered questions for an hour.
The forum will run on SudburyTV cable channels Comcast 22 and Verizon 30 and high-definition channels Comcast 1074 and Verizon 2130 repeatedly until the election, and is available on demand at sudburytv.org. You do not have to be a cable subscriber to view the on-demand version on your computer. The video-on-demand program is indexed so viewers can click on a specific question.
SudburyTV is also airing a forum on the five ballot questions produced by the League of Women Voters of Concord-Carlisle. Voter information on the ballot questions is in the “red book,” the Massachusetts Information for Voters booklet sent to every household and on the Secretary of State’s website.
Election information and candidate responses to a League questionnaire are available at the League’s online voters’ guide, www.Vote411.org. For additional voting information, visit the Town Clerk’s website or the League’s website.
Civic Engagement — A High Value
By Kay Bell
Civic Engagement – a High Value
Sudbury residents are making their voices heard by voting in this national election season. At the same time, we have a potpourri of local issues percolating, and the budget season that precedes composing the Town Meeting Warrant is rolling in. Civic engagement is highly valued in Sudbury, so short of serving on a committee, what can a resident do? How can one’s voice be heard?
Ins and Outs of Public Comment
Massachusetts’ Open Meeting Law (OML) aims to promote openness and transparency in government. It requires that committee meetings be open to the public. Yet, OML states that no individual may address a public body without permission of the chair. OML guidance also states:
Although public participation is entirely within the chair’s discretion, the Attorney General encourages public bodies to allow as much public participation as time permits.
In Sudbury, most committees have taken this to heart. Some chairs provide public comment opportunities at specific points in their agendas; some offer public comment opportunities after each agenda item; some take questions and comment if an attendee raises their hand; a few do not take comment.
Here are the seventeen committees which specifically list Public Comment, Citizen Comment, or Open Forum in their agendas:
Board of Health
Commission on Disability
Diversity Equity and Inclusion Commission
Finance Committee
Goodnow Library Trustees
Lincoln-Sudbury Regional HS Committee
Park and Recreation Committee
Planning Board – by advance request
Rail Trails Advisory Committee
Select Board
Select Board Policies & Procedures Review
Sewataro Assessments & Recommendations
Sudbury 250 Committee
Sudbury Housing Authority
Sudbury Housing Trust
SPS School Committee
Transportation Committee
Fifteen other committees do not specifically list public comment opportunities on their agendas, however it is important to note that many of these committees do, in fact, offer public comment opportunities.
Community members may want to contact a committee to ask about public comment opportunities or for other reasons. But how?
Seek and Find
The town website home page displays a set of links across its top. Among them are Calendars, Committees, and Departments. Those are your keys to connection.
You can visit any Department page in that roster and find all you need to contact town staff. Connecting with committees is more varied.
All committee pages offer an email address and eighteen of the thirty-two active committees list a phone number. Committees which are associated with a department may have staff to take calls during working hours. Others have a voice messaging system. Committee members’ phone numbers are not posted. It’s an option to arrange a personal discussion with the chair or a member using the committee’s email or phone.
The “Calendars” list leads with the Town Calendar where anyone may see when committees meet and when other town events are scheduled. The listings link to information about the meeting or event.
Speaking Up
If an individual wants to express their views directly and perhaps publicly to a committee there are various options for that: hearings, forums, listening sessions, surveys, and public comment.
To find out when a topic will be discussed, check the committee’s meeting agenda. There are two good ways to find an agenda. Use the “Calendars” link on the town home page to find the meeting and open the meeting page where the agenda link will be available. Or visit the committee’s webpage, select the “Meetings” page link, and choose the agenda for the meeting of interest.
Examples of committees that hold hearings for their rulings, where the public may speak on a specific item, are Community Preservation Committee, Conservation Commission, Planning Board, Historic Districts Commission, Select Board, and Zoning Board of Appeals. Some have hearings regularly, others only infrequently.
Some committees schedule a forum or listening session to inform the public and to gather input to use in their work. They publicize these beyond standard meeting postings by putting an article on their own page or on the town website homepage, and perhaps beyond. The Select Board holds a forum annually. The Zoning Board of Appeals held a forum on October 22.
Some committees seek input through surveys. Currently there is an article on the town webpage explaining how to sign up for FlashVote. A FlashVote is a very short survey that runs for a few days on a specific topic. Since 2018 the town has conducted 10 FlashVotes. Links to results are in the article. Occasionally a committee (e.g., Transportation; Diversity, Equity, and Inclusion; Council on Aging) will reach out to its constituency through more traditional surveys.
You Can Subscribe
To consistently capture information about a committee’s meetings and other work visit their page and follow the “Subscribe to Content Updates” link found at the upper right.
Fair warning: Once you discover the empowerment of expressing your point of view to friends and neighbors on these committees and boards, you may find that you want to join them in public service.
Committee Roundup
By Kevin LaHaise
Get ready for a whole bunch of knowledge to be dropped when you watch this one. They reviewed the final FY24 budget now that it’s closed out, and they spotted a number of items that will be subject to further conversation.
The Town’s new Director of Finance informed the committee that the Police Department is down to just 2 vacancies, and the Fire Department may be up to 6 at the moment according to the Director, and a DPW Director has been hired. (32:45) They had a thoughtful conversation about how municipalities manage employee turnover, vacancies and budget impacts.
Free cash has been certified already, and it’s $7,271,136.00. The committee was surprised by how large of a number it was, particularly in a fiscal year that had a school override. (41:30)
Other topics of discussion included significant investment income, school transfers, an almost-complete answer from Sudbury Public Schools on how they funded the recent HVAC project, and more.
HVAC Funding Sources Memo from SPS
Get ready for a roller-coaster season of public hearings for the Community Preservation Committee. The meeting started with a walkthrough of the statutory responsibilities of the committee. A review of a committee’s roles and responsibilities is often done to keep a committee from going off the rails.
Slide 1 from CPC meeting
They also spent considerable time planning out how they would handle public comment in the upcoming hearings. Public comment might be robust at some of the hearings. (1:44:00)
There was much discussion about the scope and breadth of questions the committee would be allowed to ask applicants, with a lot of it focusing on the applications from the Housing Trust and the Housing Authority applications. Based on the discussion on Wednesday, those applicants may need to be prepared for a broad-ranging investigation of their operations, past projects unrelated to their current applications, and more.
Combined Facility Director, Sandra Duran, joined multiple times to answer questions about her applications. She was prepared with all the details, but it remains unclear if those applications will enjoy majority support of the committee.
There are ongoing conversations about the definition of “maintenance” and other facets of the CPA statute, including how to draw the line between maintenance and preservation. (2:30)
Parting Thoughts
Setting aside the election, there’s a ton happening in Sudbury next week! The Select Board will have a Wednesday meeting, as will a bunch of other boards and committees, which keeps your election night clear. Of course, we have no idea if the Presidential race will even be called on Tuesday night, but it’s the thought that counts.
To that point, FiveThirtyEight has an incredible story, published today, about when to expect results to be reported in each state. Whether you experience a visceral sense of joy or despair after the race is finally called is entirely up to you.
If you’re looking for ways to take your mind off things and put some good vibes into the world, the FELS pie sale is still underway. And HOPEsudbury’s auction opened up today! Both are great ways to convert electoral anxiety into something good for the community, or to procure delicious foods that help you eat your feelings. Between the FELS pie sale and the items in the HOPEsudbury auction, you can literally eat your way from Sudbury to Lincoln, over to Maynard and back. And now I’m hungry.
Onward!