Posted August 2, 2012 4:45 PM
As posted earlier on Oh My BLOG, the Goffstown School Board was forced to release the details of its July 30, 2012 Non Public Session in response to the Right to Know Request we filed after the meeting was posted without the information and without the agenda. The clause cited in the law is below. In order to verify it’s truthfulness, we’ve requested the necessary documents, which, by law, are public documents available upon request and the minutes to verify that any and all actions taken were proper under the law, which they often are not in Goffstown’s school board meetings.
——– Original Message ——–
Subject: RE: Imporperly posted meeting.
Date: Tue, July 31, 2012 2:20 pm
To: “Stacy Buckley”
In as much as you agenda quoted II. NON-PUBLIC SESSION RSA 91-A:3II(e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the public body or any subdivision thereof, or against any member thereof because of his or her membership in such public body, until the claim or litigation has been fully adjudicated or otherwise settled. Any application filed for tax abatement, pursuant to law, with any body or board shall not constitute a threatened or filed litigation against any public body for the purposes of this subparagraph.
I am writing to request the following:
1) A copy of the threatening letter. Under the law, this written document threatening litigation or claims shall be made available to the public to ensure it actually exists to justify the Non Public Session. If it doesn’t exist, then a copy of the suit filed is requested. If neither exists, the NPS was illegal.
2) Minutes showing who made and seconded the motion to enter into non-public session and the recorded vote, member by member, of the yeas and nays on the motion, as required by the law.
91-A:3 Nonpublic Sessions.
I. (a) Bodies or agencies shall not meet in nonpublic session, except for one of the purposes set out in paragraph II. No session at which evidence, information or testimony in any form is received shall be closed to the public, except as provided in paragraph II. No body or agency may enter nonpublic session, except pursuant to a motion properly made and seconded.
(b) Any motion to enter nonpublic session shall state on its face the specific exemption under paragraph II which is relied upon as foundation for the nonpublic session. The vote on any such motion shall be by roll call, and shall require the affirmative vote of the majority of members present.
If no call of the roll was made and no member was individually recorded either for or against entering the NPS, then it was illegally entered into.
Finally, if there was any motion made following the NPS, any motion at all, please provide the motion and the vote.