Originally posted Thursday, August 2, 2012 at 2:37 PM
Girard at Large learned that the Goffstown School Board improperly posted a Non Public Session for Monday, July 30, 2012. Below is the complete email chain involving this matter. Needless to say, they were forced to spell out the reason for the NPS on their agenda, something we haven’t seen them do in their normal agenda postings.
——– Original Message ——–
Subject: Imporperly posted meeting.
From:
Date: Thu, July 26, 2012 3:03 pm
To: “Stacy Buckley”
Superintendent Buckley.
As the Right to Know Law states what is pasted below, I believe this meeting noticehttp://goffstown.k12.nh.us/SB/attachments/007_07-30-12%20GSB%20PN.pdf fails to meet the requirements of the law as the specific reason for the non-public session is not advertised on the agenda.
Please provide the specific article or articles spelled out in the law below which are being used to call the non-public session.
Thank you,
Rich Girard
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.
(c) All discussions held and decisions made during nonpublic session shall be confined to the matters set out in the motion.
II. Only the following matters shall be considered or acted upon in nonpublic session:
(a) The dismissal, promotion or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him, unless the employee affected (1) has a right to a meeting and (2) requests that the meeting be open, in which case the request shall be granted.
(b) The hiring of any person as a public employee.
(c) Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the body or agency itself, unless such person requests an open meeting.
(d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community.
(e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled.
(f) Consideration of applications by the adult parole board under RSA 651-A.
(g) Consideration of security-related issues bearing on the immediate safety of security personnel or inmates at the county correctional facilities by county correctional superintendents or their designees.
(h) Consideration of applications by the business finance authority under RSA 162-A:7-10 and 162-A:13, where consideration of an application in public session would cause harm to the applicant or would inhibit full discussion of the application.
(i) Consideration of matters relating to the preparation for and the carrying out of emergency functions, including training to carry out such functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life.
——– Original Message ——–
Subject: RE: Imporperly posted meeting.
From: “Stacy Buckley”
Date: Thu, July 26, 2012 3:18 pm
To:
Rich,
This is the posting for the meeting. The agenda has not been posted yet. Once it is posted, it will certainly comply with the law.
Stacy Buckley
——– Original Message ——–
Subject: RE: Imporperly posted meeting.
From:
Date: Thu, July 26, 2012 5:27 pm
To: “Stacy Buckley”
Stacy,
Your agendas routinely fail to specify the section of 91-A denoting the reason for entering into Non-Public Session. Moreover, the requirement that the reason for entering NPS is not limited to the agenda, which should also be made available at the time of posting. To post a meeting without having an agenda available is something I’ve not seen in my more than 20 years of involvement with government, except the Goffstown School Board.
Because the presumption of an agenda exists for a posted meeting, I demand, under the Right to Know Law, to know the content of posted meeting.
RH Girard
Below is an immediate follow up I sent demonstrating how Manchester publishes their agendas concurrent with the posting of the meetings.
——– Original Message ——–
Subject: [FWD: BOSC Meeting Notice]
From:
Date: Thu, July 26, 2012 5:28 pm
To: “Stacy Buckley”
Just to make the point, here is the Manchester Board of School Committee meeting notice with the agendas posted.
——– Original Message ——–
Subject: BOSC Meeting Notice
From: “Tracy Mancuso”
Date: Thu, July 26, 2012 2:21 pm
To: rich@girardatlarge.com,
avellucci@unionleader.com, mhayward@unionleader.com,
tsiefer@unionleader.com, wsmith@unionleader.com
Attached is the BOSC meeting notice for the meetings scheduled to be held
next week.
The agendas for the meetings can be accessed on the Manchester School
District website.
Tracy Mancuso
Office of the Superintendent
Manchester School District
195 McGregor Street Suite 201
Manchester, NH 03102
603-624-6300 ext. 122
Buckley didn’t actually reply to the email above, she just published the agenda.